A/HRC/33/31
To guarantee equal access and non-discrimination
6.
States have committed to guarantee equality and non-discrimination. They should
strive to ensure universal and transparent access to affordable and appropriate financial
services across income, gender, geography, age and other groups. This implies establishing
effective regulation, recourse mechanisms and consumer protection agencies to prevent
predatory lending and ensure greater financial literacy of consumers.
To ensure empowerment of excluded groups
7.
Specific barriers to women’s access to finance must be eliminated. Women and girls
must have equal access to financial services and the right to own land and other assets.
Indigenous peoples’ rights should be fully reflected in line with the United Nations
Declaration on the Rights of Indigenous Peoples. In particular, their rights to their lands,
natural resources and territories, and to the benefits from their traditional knowledge should
be protected. Actions likely to impact their rights should not be taken without their free,
prior and informed consent. Indigenous peoples have the right to participate in decisionmaking related to and to benefit from the use of their knowledge, innovations and practices.
The human rights of migrants should be protected, regardless of their status. Discriminatory
barriers to their development should be removed. Migrants should not be treated as an
economic commodity. Policies on remittances should take into account that remittances are
private sources of finance and seek to reduce their costs.
To respect human rights and do no harm
8.
As businesses assume an ever-expanding role in the development and economic
spheres their adherence to the human rights responsibilities outlined in the Guiding
Principles on Business and Human Rights becomes increasingly critical. Businesses must
respect human rights and do no harm. These responsibilities apply in the context of public
private partnerships, blended finance instruments, foreign direct investment and all private
business activities. With regard to public-private partnerships and blended finance, the risks
and benefits of investments should be shared equitably between public and private
investors. Both private and public sector partners must meet their respective human rights
responsibilities and obligations. In working together, States and businesses should
incorporate social, environmental, labour, human rights and gender equality considerations
into their activities and subject public private partnerships to human rights safeguards and
rigorous due diligence, including human rights impact assessments.
To protect persons from human rights abuses committed by private actors
9.
States have an obligation to actively prevent private activities, including
investments, from undermining human rights. States should establish appropriate
regulations and oversight mechanisms to protect human rights from the potentially negative
impacts of public-private partnerships and blended finance instruments. Measures should be
taken to ensure that the provisions of international trade and investment agreements do not
protect investor interests at the expense of State policy space to promote the realization of
human rights.
To ensure accountability
10.
All States should adopt policies and institutional, legal and regulatory frameworks to
encourage responsible and accountable investment in sustainable development. Such
frameworks should include human rights and sustainability criteria and align investor
incentives with sustainable development. They should go beyond voluntary reporting and
require all companies to undertake mandatory economic, environment, social and
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