A/HRC/35/32
in less developed countries,38 the increased risk associated with their operation also means
that very few micro-enterprises ever grow beyond 10 or more employees.39 One argument
for this is attributed to the owners unwillingness to pursue the expansion of their microenterprise.
26.
Consequently, any guidance on business and human rights targeted at small and
medium-sized enterprises must take into account the increased risks of them failing in terms
of the content of the guidance and the directions it gives, and must also be aware that the
target audience of the guidance will be in constant flux and that owner-managers who
understand the importance of business and human rights often will be replaced by new
entrepreneurs with new businesses. This means that collective tools and solutions may be
most beneficial, so that these enterprises and entrepreneurs have access to shared
knowledge and tools that can be deployed readily by new market entrants.
27.
Small and medium-sized enterprises are generally perceived as being at the bottom
of the supply and value chain. The reality is, however, more nuanced. For example, a
significant proportion of them engage in exporting and importing, particularly in more
developed countries, with a minority engaging in foreign direct investment. 40 They have
links at the top, middle and bottom of the supply and value chain. They are, in effect, the
nerves that bind the business fabric together. Tailored guidance should also reflect this
reality and bear in mind the roles of other actors and stakeholders in this system.
3.
Business case for respecting human rights
28.
Alongside the moral and legal case for businesses to respect human rights, there is
also an economic one. When businesses analyse their potential markets, they inevitably do
so in terms of the risks and opportunities, which, in the case of human rights, can be both.
The concept and process of due diligence, including environmental and social impact
assessments are ways of determining which decisions to make and why. If a company
establishes human rights and sustainability as a baseline for its investments, then it is far
less likely to be open to the risk of bad publicity and to investors reacting negatively to their
products and services. Therefore, it is vital that time and resources be allocated to the
argument for business and human rights and that training, particularly for senior managers,
be dedicated to the businesses operating in their host countries and to operating oversees.
29.
The rise of the Internet has accelerated the need for more small and medium-sized
enterprises to look inward and to assess their own cases for developing human rights
frameworks. Customers can exert massive pressure on a company to change the way it does
business. Targeted human rights-centred campaigns can have both negative and positive
impacts on the goods and services of small and medium-sized enterprises and greatly
increase or reduce their market share.
30.
The Federation of Small Businesses has suggested that concerns about additional
bureaucracy can be countered by highlighting the “business case” for improving human
rights as an effective way of encouraging small and medium-sized enterprises to act
responsibly and fulfil their responsibility to respect human rights. 41 The European
Commission concurs with that approach: in its guidance to such enterprises on
implementing the Guiding Principles, it explains how effective implementation of the
38
39
40
41
See C.M. Rogerson, “Growing the SMME Manufacturing Economy of South Africa: Evidence from
Gauteng Province”, Journal of Contemporary African Studies, Vol. 19, Iss. 2 (2001), pp. 267-291.
Available from www.tandfonline.com/doi/abs/10.1080/02589000120066498.
See D.C. Mead and C. Liedholm, “The dynamics of micro and small enterprises in developing
countries”, World Development, Vol. 26, Iss. 1 (1998), pp. 61-74. Available from
http://www.sciencedirect.com/science/article/pii/S0305750X97100109.
See Edinburgh Group, “Growing the global economy through SMEs” (2013), p. 13. Available from
www.conta-conta.ro/miscellaneous/863_miscellaneous_contabilitate_files%20863_.pdf.
See Federation of Small Businesses, Social and Environmental Responsibility and the Small Business
Owner (London, 2008). Available from
www.fsb.org.uk/LegacySitePath/policy/assets/CSR%20Dec%202008.pdf.
9
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