A/HRC/20/29
context of the mandate, as well as some strategic considerations that will inform its work
for the remainder of its mandate.
II. Background
6.
In 2005, following a request by the Commission on Human Rights, 1 the SecretaryGeneral appointed Professor John Ruggie as his Special Representative on the issue of
human rights and transnational corporations and other business enterprises, with a mandate
to identify and clarify standards of responsibility and accountability for business enterprises
with regard to human rights, and to elaborate on the role of States in this regard.
7.
In 2008, drawing on the research and consultations conducted over the course of the
first three years of his mandate, the Special Representative introduced the “Protect,
Respect, Remedy” Framework to the Human Rights Council at its eighth session, as a
foundation on which thinking and action could be developed. 2
8.
The Framework rests on the differentiated but complementary duties and
responsibilities of States and companies on the issue of business and human rights. States
have the primary duty to protect against human rights abuses by third parties, including
business; businesses have the responsibility to respect human rights; and there is a need for
greater access by victims to effective remedies, both judicial and non-judicial.
9.
In its resolution 8/7, the Human Rights Council welcomed the Framework and
requested the Special Representative to operationalize it. The resulting Guiding Principles
provide concrete and practical recommendations for implementation of the Framework. The
normative contribution of the Guiding Principles lies not in the creation of new
international law obligations, but in elaborating the implications of existing standards and
practices for States and businesses; integrating them within a single, logically coherent and
comprehensive template; and identifying where the current framework falls short and how
it should be improved.3 They highlight the steps that States need to take in order to ensure
business respect for human rights and to provide effective remedy to those whose rights
have been adversely; they provide a blueprint for companies to know and show that they
respect human rights; and they constitute a benchmark that stakeholders can use to better
assess, engage in and promote business respect and accountability for human rights.
10.
The Guiding Principles are already widely supported as the authoritative global
standard on business and human rights by States, business4 and civil society.5 From this
advantageous starting point, the next step is to ensure the effective and broad-scale
implementation of the Guiding Principles by States and companies. This unassailable goal
is the focus of the mandate of the Working Group.
1
2
3
4
5
4
Commission on Human Rights resolution 2005/69.
A/HRC/8/5.
A/HRC/17/31, para. 14.
See www.business-humanrights.org/media/documents/ioe-icc-biac-submission-to_the-un-hrc-may2011.pdf.
See the commentaries on the Guiding Principles on Business and Human Rights at the website of the
Business & Human Rights Resource Centre (www.businesshumanrights.org/Documents/UNGuidingPrinciples/Commentaries).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents