A/HRC/14/29
(b)
Clarify some of the key dilemmas, such as how to respect human rights in
situations where national law conflicts with international human rights norms;
(c)
Make recommendations about how to continue the work on business and
human rights, building on the framework that has already been accepted by the Human
Rights Council.
65.
Continued progress requires a clear understanding of the context within which the
business and human rights debate is taking place coupled with a clear strategic vision.
66.
In relation to context, the Special Representative said it is important to note that we
are no longer at the crest of the latest wave of globalization. We have gone beyond it and a
backlash has set in. Emerging powers have different views about the relationships between
markets and authority, and they have their own traditions and policy preferences. Populism
has re-emerged, in developed and developing countries, on the political right and left. It is
necessary to take such factors into account when moving forward because the process needs
the support of all Governments.
67.
In relation to strategic vision, the Special Representative noted that change agents
currently in the business and human rights domain may have various different strategic
visions. They may all aspire to the same ultimate goal but involve different strategies to
reach it. For example, some participants in this debate have as their main objective to
advance the long-term promotion of international human rights law, no matter how long it
takes. This is not necessarily the same vision held by those who wish to vindicate the rights
of specific individuals here and now with any mechanisms available. The first category
includes human rights organizations, law professors et al. The second includes grass-roots
organizations and plaintiff lawyers. The Special Representative’s vision falls into yet a third
category, which aims to reduce corporate-related abuses to the maximum extent possible in
the shortest possible period of time. To cite but one difference among them concerning
interim steps: effective alternative dispute resolution mechanisms play a significant role in
the second and third visions, but they may not necessarily help — and may actually reduce
the need for — the long-term evolution of some aspects of human rights law. It is necessary
to be sensitive to these differences. They have nothing to do with favouring either voluntary
or mandatory approaches, or with being bold or not; they are simply different.
68.
Many views expressed during the consultation draw on different strategic concepts,
but one needs to realize that they are not identical. For example, alternative dispute
resolution does not necessarily help long-term evolution of human rights law. One needs to
be sensitive to the idea of vision and strategic mission being different while in the long run
they all have the same aim. This has nothing to do with favouring either voluntary or
mandatory approaches, or with not being bold; it is just different.
69.
The nature of the framework reflects the Special Representative’s strategic vision.
There is no single silver bullet solution to the question of business and human rights. It is
too complex and requires all of us to learn to do many things differently. This is a complex
systems design challenge: developing the components of an interrelated, dynamic system
and structuring them in such a way that they interact in a cumulative process to induce
progress.
70.
The Special Representative expressed his firm commitment to making this task
work. The challenge is huge; time is short but the cause is just and the word impossible has
no meaning.
16
GE.10-12935
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