A/HRC/14/27
I. Introduction
1.
In its resolution 8/7, adopted on 18 June 2008, the Human Rights Council was
unanimous in welcoming the “protect, respect and remedy” policy framework (now widely
referred to as “the United Nations framework”) that the Special Representative proposed
for better managing business and human rights challenges. It rests on three pillars: the State
duty to protect against human rights abuses by third parties, including business, through
appropriate policies, regulation, and adjudication; the corporate responsibility to respect
human rights, which means to act with due diligence to avoid infringing on the rights of
others; and greater access by victims to effective remedy, judicial and non-judicial.
2.
From the outset, the Special Representative has maintained that the widening gaps
between the scope and impact of economic forces and actors, and the capacity of societies
to manage their adverse consequences, were unsustainable. These governance gaps, he has
observed, “provide the permissive environment for wrongful acts by companies of all kinds
without adequate sanctioning or reparation”.1 The framework is intended to help close those
gaps. Its three pillars are distinct yet complementary. The State duty to protect and the
corporate responsibility to respect exist independently of one another, and preventative
measures differ from remedial ones. Yet, all are intended to be mutually reinforcing parts of
a dynamic, interactive system to advance the enjoyment of human rights.
3.
The Council extended the Special Representative’s mandate until 2011, with two
main tasks: “operationalizing” the framework, i.e., providing concrete guidance and
recommendations to States, businesses and other actors on the practical meaning and
implications of the three pillars and their interrelationships; and “promoting” the
framework, coordinating with relevant international and regional organizations and other
stakeholders.
II. Principled pragmatism
4.
In his first report to the then Commission on Human Rights, the Special
Representative described the approach he would take to the mandate as principled
pragmatism: “an unflinching commitment to the principle of strengthening the promotion
and protection of human rights as it relates to business, coupled with a pragmatic
attachment to what works best in creating change where it matters most – in the daily lives
of people”.2
5.
In 2008, having systematically mapped patterns of corporate-related human rights
abuse and existing standards and initiatives and consulted widely across regions and sectors
of society, he advised the Human Rights Council: “there is no single silver bullet solution
to the institutional misalignments in the business and human rights domain. Instead, all
social actors — States, businesses, and civil society — must learn to do many things
differently”.3 But, he added, those things must cohere and generate an interactive dynamic
of cumulative progress – which the framework is designed to help achieve.
6.
The same approach informs the current phase of operationalizing and promoting the
framework: maximizing tangible results for affected individuals and communities by
identifying and fostering standards and processes within and among relevant entities —
1
2
3
GE.10-12629
A/HRC/8/5, para. 3.
E/CN.4/2006/97, para. 81.
A/HRC/8/5, para. 7.
3
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