A/HRC/41/43/Add.2
commitments will be translated into reality. Full enforcement of these norms are yet
to be seen, hence the need to establish and implement compliance mechanisms.
84.
The Working Group takes the view that the Government should endorse and
publicize more strongly its role in implementing the Guiding Principles, including by
putting human rights at the centre of its activities as an economic actor, such as in
procurement and trade promotion; setting clear expectations to companies to respect
human rights, such as through human rights due diligence processes; and holding
companies accountable for human rights abuses.
85.
The Working Group reminds the Government and businesses that meaningful
engagement with all stakeholders, through transparent access to information and
technical assistance, is critical to prevent, mitigate and remedy business-related
human rights impacts. Furthermore, such engagement would help to build trust in an
environment where wealth disparity and power asymmetry between actors hamper
inclusive negotiation and collaboration.
86.
The Working Group recommends that the Government:
(a)
Strengthen capacity and raise awareness among civil servants, judiciary
and lawmakers of the Guiding Principles;
(b)
Take measures to ensure the full implementation of policy and legislative
frameworks related to business and human rights, such as enforcement measures;
monitoring and sanctions for non-compliance;
(c)
Ensure that State-owned enterprises lead by example, adopt clear
criteria on when human rights due diligence should be conducted and provide for
remediation mechanisms;
(d)
Include human rights criteria in its public procurement practices and
implement effective monitoring systems for the verification and enforcement of
human rights requirements;
(e)
Provide guidance and set clear expectations for all business enterprises,
including micro- and small enterprises, about their responsibility to respect human
rights throughout their operations, including promoting the exchange of good practice
among these businesses as a trigger for expansion and peer-learning exercises;
(f)
Take additional steps to scale up the regularization of informal
enterprises, including by providing incentives for regularization, reducing the number
of required licences and related costs and creating a database of existing companies;
(g)
Develop a clear legal framework on resettlement and eviction that takes
into account the rights of affected individuals and communities, in accordance with
international standards, with a specific focus on the disproportionate impact suffered
by women and indigenous peoples;
(h)
Scale up the processes of adjudication of land, including through the full
implementation of the Community Land Act;
(i)
Enforce the implementation of norms related to consultation and public
participation and adopt and disseminate the guidance on meaningful public
participation and the policy on public participation; specific and differentiated
attention should be paid to indigenous peoples, including in terms of free, prior and
informed consultation;
(j)
Take measures to ensure that all stakeholders, in particular the affected
people, are provided with support in land acquisition negotiations, including in terms
of access to information and technical assistance, with specific attention paid to the
situation of indigenous peoples;
(k)
Ensure prior and informed consultation with communities affected by
development projects and business operations at the very beginning of project
planning and throughout the whole project cycle;
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