A/HRC/14/29
II. Opening statements
8.
The United Nations High Commissioner for Human Rights, Navanethem Pillay,
opened the consultation by stating that the issue of business and human rights has evolved
significantly over the past years. The High Commissioner recognized that placing business
and human rights firmly on the agenda of the Human Rights Council is in no small part due
to the important advocacy and campaigning role played by civil society. While not all
allegations made against companies for human rights violations may be true or justified,
there are sufficiently well-founded examples from around the world of human rights being
infringed as a result of corporate activity. The High Commissioner also recognized that
many companies have acknowledged the link between business activity and the enjoyment
of human rights, including through signing up to the United Nations Global Compact,
which asks companies to respect and promote human rights.
9.
The High Commissioner stated that the framework for business and human rights
provided a much-needed clarification of the roles and responsibilities of States and
corporations respectively with regard to human rights in a corporate context. After more
than a decade of discussion, the affirmation of a corporate responsibility to respect human
rights both set a new and clear benchmark and represented an important milestone in the
evolving understanding of human rights in our societies. The High Commissioner stated
that importantly, the framework also kept the focus on those who feel their rights have been
impacted by corporate activity by emphasizing the need for access to more effective
remedies, both judicial and non-judicial, for victims of corporate-related human rights
abuse. In other words, the framework highlighted the fact that there are three parties to any
corporate-related human rights issue: States that fail to protect; companies that fail to
respect and individuals and groups whose right or rights are infringed. It is therefore
necessary to focus on all pillars of the framework when discussing business and human
rights.
10.
The High Commissioner invited all participants to present stories of their own
experiences of corporate-related human rights violations and examine ways to make the
framework operational. She also expressed the hope that the discussions would give all
actors — States, companies and civil society — a better understanding of what is required
in operational terms to secure respect for human rights in a corporate setting.
11.
In his opening statement, the Special Representative described some key challenges
in addressing the issue of business and human rights. Firstly, because companies can affect
the entire spectrum of internationally recognized rights, and not only a limited subset, the
quest to construct ex ante a delimited list of business-specific rights for which companies
would have some responsibility is unrealistic. This fact needs to inform the policies of
States and companies alike.
12.
Governments currently lack adequate policies and regulatory arrangements for fully
managing the complex business and human rights agenda. Although some States are
moving in the right direction, overall their practices exhibit substantial legal and policy
incoherence. The most widespread is “horizontal” incoherence, where economic or
business-focused departments and agencies that shape business practices conduct their
work in isolation from and largely uninformed by their Government’s human rights
agencies and obligations, and vice versa.
13.
The Special Representative went on to note that, with rare exceptions, even large
multinational companies lack fully fledged internal governance and management systems
for conducting adequate human rights due diligence. Businesses tend to focus on the
requirements of their legal licence to operate, only slowly discovering that in many
situations meeting legal requirements alone may fall short of the universal expectation that
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GE.10-12935
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