A/HRC/44/43
IX. Conclusions and recommendations
A.
Conclusions
75.
The Working Group calls on States to move from policy to practice in relation
to anti-corruption efforts, and to prevent and address business-related human rights
impacts by fostering responsible business conduct. This requires cooperation across
government and borders. The Working Group echoes the OHCHR promotion of a
human rights-based approach to anti-corruption that puts the international human
rights entitlements (the rights holders) and the corresponding obligations of the State
(the duty bearer) at the centre of anti-corruption debate and efforts.128
76.
Lives may be lost when bribes are paid. The private sector is integrally involved
and must do more to address the associated human rights abuses. For many
companies, anti-corruption compliance teams and human rights teams are placed
under different functions (for example, the legal or risk management department
versus the corporate social responsibility or sustainability department). Companies
should include human rights due diligence and implementation of the Guiding
Principles as part of a larger programme of compliance, sustainability and responsible
business conduct. This may involve integrating anti-corruption with human rights due
diligence processes; at a minimum, it should involve alignment and recognition that
both are key to responsible and sustainable business conduct. While there is no onesize-fits-all solution, the responsibility to respect human rights is the baseline
requirement.
B.
Recommendations
77.
States should:
(a)
Provide technical assistance and resources to States lacking sufficient
capacity to address corruption and business-related human rights challenges;
(b)
Break institutional silos to allow for, where appropriate, alignment of the
implementation of the Guiding Principles with anti-corruption efforts, including
regarding national action plans;
(c)
Introduce regulations that require human rights due diligence by
business enterprises in line with the Guiding Principles, and provide guidance
clarifying the connection between corruption and human rights risks and impacts;
(d)
Examine where they have required businesses to make integrity and
anti-corruption pledges, for example in the context of trade promotion, and expand
pledges to include respect for human rights and alignment with the Guiding
Principles;
(e)
Examine where they have withdrawn trade or other government support
from companies if they have been found to have engaged in bribery or corruption.
States should also consider how similar withdrawal of support could cover
circumstances of businesses causing, contributing to or being directly linked to
adverse human rights impacts;
(f)
Promote greater policy coherence on combating corruption and
business-related human rights abuses, including by integrating human rights due
diligence and anti-corruption activities into public procurement;
(g)
Expand integrity pact processes to include requirements and monitoring
focused on business respect for human rights and commitment to the Guiding
Principles;
128
22
See www.ohchr.org/EN/Issues/CorruptionAndHR/Pages/CorruptionAndHRIndex.aspx.
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