A/HRC/32/45
20.
Given the potential impacts and leverage that all of the above-mentioned enterprises
have on human rights,15 the Working Group encourages stakeholders to give priority to
their human rights responsibilities and those of the associated States.
21.
In the same vein, it is worth recalling that guiding principle 4 is part of what the
Guiding Principles call the “State-business nexus”, which also encompasses Principles 5
and 6. The State-business nexus includes situations where the State is an economic actor in
its own right, when it contracts or otherwise engages with companies to provide services
that may impact on human rights, or when it conducts commercial transactions
(procurement) with companies. These issues are beyond the scope of the present report, but
deserve more attention.
II. Normative and policy framework underpinning State action
in relation to State-owned enterprises
A.
State duty to protect against abuse by State-owned enterprises
Requirement to take “additional” steps
1.
22.
The Guiding Principles make it clear that, in relation to the State duty to protect,
States should do more than simply treat State-owned enterprises as any other business
enterprise. Guiding principle 4 requires that “States should take additional steps to protect
against human rights abuses by business enterprises that are owned or controlled by the
State, ... including, where appropriate, by requiring human rights due diligence”. However,
the Guiding Principles do not specify what those steps should be. The Working Group
makes suggestions to that effect in section III of the present report.
23.
The additional steps to be taken can be understood as measures in addition to those
outlined in Principles 1 to 3, which are applicable to all companies. These principles require
States to take appropriate steps to prevent, investigate, punish and redress human rights
abuses by businesses, as well as clearly set expectations with regard to respect for human
rights and discharge their obligations through various regulatory and policy actions.
24.
The international policy framework is moving towards reinforcing the call made in
principle 4. In a recent recommendation, the Council of Europe Committee of Ministers
recommended that “Member States should apply additional measures to require business
enterprises to respect human rights, including, where appropriate, by carrying out human
rights due diligence, that may be integrated into existing due diligence procedures, when
member States … own or control business enterprises”.16
25.
However, the requirement to take additional steps does not mean that States should
be any less concerned about protecting against abuses by private enterprises. The ultimate
goal is to achieve full respect for human rights by all enterprises, irrespective of ownership.
The requirement emphasizes that States, as owners of enterprises, should use the additional
means at their disposal to protect against abuse.
15
16
Note recent positive developments in this regard with the adoption in March 2016 by Norges Bank
Investment Management, which manages Norway’s Pension Fund, of “Human rights: expectations
towards companies”, available at www.nbim.no/en/responsibility/risk-management/human-rights.
See recommendation CM/Rec(2016)3 on human rights and business, para. 22.
7
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