A/HRC/11/13 page 12 36. As a next step, the Special Representative is exploring the feasibility of developing guidance on “responsible contracting” for host Government agreements in relation to human rights. As in the aforementioned Norwegian commentary concerning bilateral investment treaties, such guidance would have to satisfy two equally important objectives, safeguarding the host State’s ability to discharge its obligations, including those under international human rights law, and giving investors confidence that the host State will not act in a discriminatory or arbitrary manner or for non-bona fide purposes. 37. The Special Representative has not yet undertaken corresponding projects on trade. But he continues to consult experts extensively on whether and how the trade regime may constrain or facilitate the State duty to protect.37 C. International cooperation 38. The Human Rights Council asked the Special Representative to provide recommendations regarding “international cooperation” in relation to the State duty to protect. As he understands the term in the business and human rights context, this involves States working together through awareness-raising, capacity-building and joint problem-solving. Several factors currently limit the achievement of these aims. 39. First, States are not using existing forums as effectively as they could to enhance peer learning with respect to the State duty to protect in the business context. These forums include the treaty bodies, the Human Rights Council’s Universal Periodic Review, National Contact Points under the OECD Guidelines, and regional human rights mechanisms. No serious intergovernmental dialogue on these issues is evident in international trade and financial institutions, with the exception of the IFC and OECD, in part reflecting the involvement of private sector actors. 40. The Special Representative continues his outreach efforts within and beyond the United Nations human rights mechanisms - to date, the treaty bodies and special procedures, regional human rights entities, national human rights commissions, the World Bank, UNCITRAL, OECD, the European Commission and Parliament, and national Governments. He welcomes additional opportunities. 41. Beyond dialogue and learning lies State capacity-building. But business and human rights is not high on the capacity-building agenda of most international and bilateral agencies. The ILO is a notable exception regarding labour rights, and some bilateral development agencies support CSR programmes in developing countries. OHCHR only within the past year has begun to consider including business and human rights in its capacity-building work at the country level, but this is not yet a priority. 37 The Committee on Economic, Social and Cultural Rights, for example, has expressed concern about the potential adverse impact of trade agreements on Covenant obligations (C.12/CRI/CO/4/CRP.1, para. 42).

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