A/HRC/11/13
page 15
a fool’s errand because companies can affect the entire spectrum of rights, as documented in the
Special Representative’s mapping of nearly 400 public allegations against companies.40
Therefore, the responsibility to respect must apply to all such rights, although in practice some
may be more relevant than others in particular contexts.41
53. For the substantive content of due diligence, then, companies at a minimum should look to
the International Bill of Human Rights - the Universal Declaration and the two Covenants - as
well as the ILO Declaration on Fundamental Principles and Rights at Work. They should do so
for two reasons. First, the principles these instruments embody are the most universally agreed
upon by the international community. Second, they are the main benchmarks against which other
social actors judge the human rights impacts of companies.
54. Companies might need to consider additional standards depending on the situation. For
example, in conflict affected areas they should take into account international humanitarian law
and policies; and in projects affecting indigenous peoples, standards specific to those
communities will be relevant.
55. The Special Representative is planning consultations to further operationalize the corporate
responsibility to respect human rights and related due diligence requirements. He will also
continue to seek greater conceptual clarity on two sets of issues that have emerged in stakeholder
discussions, addressed briefly below.
A. Responsibility to respect
56. A number of issues and dilemmas have been raised regarding the corporate responsibility
to respect.
Demystifying human rights
57. One issue concerns the conceptual difficulties that even companies committed to
internalizing human rights have faced in mastering this subject. Part of the problem is that
international human rights instruments were written by States, for States. Their meaning for
businesses has not always been understood clearly by human rights experts, let alone the
engineers, security managers, and supply chain officers in companies who have to deal with the
corporate responsibility to respect on the ground. But considerable advances have been made
recently. In particular, an OHCHR publication, “Human Rights Translated”, does what the title
promises, by translating State-based text into language and examples that make sense in a
40
41
See A/HRC/8/5/Add.2 and E/CN.4/2006/97, paras. 24-30.
Companies may support their baseline human rights responsibilities with collaborative
initiatives focused on specific areas of rights particularly relevant to their business, such as the
Voluntary Principles on Security and Human Rights and the Fair Labour Association.
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