A/HRC/41/CRP.1
– granted in accordance with due process and the standards of legality, necessity and
legitimacy – by an independent and impartial judicial body.358”
445. The Special Rapporteur endorses these recommendations. Governments should
impose an immediate moratorium on granting licences for the export of surveillance
technologies to Saudi Arabia until Saudi Arabia demonstrates that it is limiting the domestic
and extraterritorial use of such technologies to lawful purposes under international human
rights law. Any allegations that equipment exported to date may be or have been misused
should be the object of independent investigation by the relevant authorities with the findings
made available to the public at large.
IV.
Corporate social accountability
446. At the time when more detailed news reports of the circumstances under which Mr.
Khashoggi began to circulate, the Kingdom of Saudi Arabia was hosting a major business
conference, to which many large companies from around the world were invited. Concerned
about the reputational risk of being associated with the country, many sought to distance
themselves by not participating in the event, or by sending more junior delegates to the
conference. The Chair of the UN Working Group on Business and Human Rights, said on
this occasion that the decision by business executives “to withdraw from the conference
underlines how companies can use their leverage to address human rights concerns. Business
leaders need to take a strong interest in keeping civic space open wherever they operate. For
it is only in an environment where journalists and human rights defenders are able to speak
freely that businesses can effectively identify and prevent negative human rights impacts.”359
447. Yet, since the beginning of 2019, most companies have moved quietly to repair their
relationships with the Kingdom, with some announcing new investments or business
deals. While most companies may bear no direct legal responsibility for the actions taken by
Saudi Arabia, they nonetheless should take concrete and verifiable steps to ensure that their
conduct is consistent with international human rights standards, in particular the UN Guiding
Principles for Business and Human Rights.
448. Even if a company bears no direct responsibility for a specific act, the UN Guiding
Principles are still relevant and they expect companies to conduct due diligence wherever
they operate, and to use their leverage to reduce harm and mitigate human rights risks.
Companies considering trade and investment deals with Saudi Arabia need to ensure that:
1.
They affirm their commitment to human rights standards;
2.
They make the Kingdom of Saudi Arabia aware of those commitments;
3.
They use their leverage to ensure that their business partners in Saudi Arabia
adhere to those commitments;
4.
They establish a monitoring mechanism to ensure that their own conduct and
the conduct of their associates does not cause any harm to human rights;
5.
They establish explicit policies to ensure that they would avoid entering into
business deals with businesses, business people, or organs of the state that have
had a direct or indirect role with Mr. Khashoggi’s execution, or with other
grave human rights abuses, to reduce their risk of exposure to complicity in
such abuses;
6.
They adhere to international human rights standards within their own
operations, and use their leverage to address human rights concerns with their
associates.
449. These recommendations apply with particular force to companies selling surveillance
technology to Saudi Arabia and other countries given the extraordinary risk of abuse of
358
359
90
A/HRC/41/35, para 49.
https://www.ihrb.org/other/governments-role/rights-wrongs-business-as-usual-in-saudi
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