A/HRC/8/5
page 19
needed to create appropriate incentives and disincentives for employees and ensure continuous
improvement. Confidential means to report non-compliance, such as hotlines, can also provide
useful feedback.
64. As companies adopt and refine due diligence practices, industry and multi-stakeholder
initiatives can promote sharing of information, improvement of tools, and standardization of
metrics. The Global Compact is well-positioned to play such a role, enjoying a United Nations
platform and reaching widely into the corporate community, including in developing countries.
C. Sphere of influence
65. The Special Representative’s mandate calls on him to research and clarify the concepts of
corporate “sphere of influence” and “complicity”. His detailed analysis is presented in a separate
report.44 Here the concepts are addressed specifically in relation to the corporate responsibility to
respect human rights.
66. Sphere of influence was introduced into corporate social responsibility discourse by the
Global Compact. It was intended as a spatial metaphor: the “sphere” was expressed in
concentric circles with company operations at the core, moving outward to suppliers, the
community, and beyond, with the assumption that the “influence” - and thus presumably the
responsibility - of the company declines from one circle to the next. The draft norms later
proposed the concept as a basis for attributing legal obligations to companies, using it as though
it were analogous to the jurisdiction of States.
67. Sphere of influence remains a useful metaphor for companies in thinking about their
human rights impacts beyond the workplace and in identifying opportunities to support human
rights, which is what the Global Compact seeks to achieve.45 But a more rigorous approach is
required to define the parameters of the responsibility to respect and its due diligence
component.
68. To begin with, sphere of influence conflates two very different meanings of influence: one
is impact, where the company’s activities or relationships are causing human rights harm; the
other is whatever leverage a company may have over actors that are causing harm. The first falls
squarely within the responsibility to respect; the second may only do so in particular
circumstances.
69. Anchoring corporate responsibility in the second meaning of influence requires assuming,
in moral philosophy terms, that “can implies ought”. But companies cannot be held responsible
for the human rights impacts of every entity over which they may have some influence, because
44
A/HRC/8/16.
45
See http://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/index.html.
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