A/HRC/17/31
The more complex the situation and its implications for human rights, the stronger is the
case for the enterprise to draw on independent expert advice in deciding how to respond.
If the business enterprise has leverage to prevent or mitigate the adverse impact, it should
exercise it. And if it lacks leverage there may be ways for the enterprise to increase it.
Leverage may be increased by, for example, offering capacity-building or other incentives
to the related entity, or collaborating with other actors.
There are situations in which the enterprise lacks the leverage to prevent or mitigate
adverse impacts and is unable to increase its leverage. Here, the enterprise should consider
ending the relationship, taking into account credible assessments of potential adverse
human rights impacts of doing so.
Where the relationship is “crucial” to the enterprise, ending it raises further challenges. A
relationship could be deemed as crucial if it provides a product or service that is essential to
the enterprise’s business, and for which no reasonable alternative source exists. Here the
severity of the adverse human rights impact must also be considered: the more severe the
abuse, the more quickly the enterprise will need to see change before it takes a decision on
whether it should end the relationship. In any case, for as long as the abuse continues and
the enterprise remains in the relationship, it should be able to demonstrate its own ongoing
efforts to mitigate the impact and be prepared to accept any consequences – reputational,
financial or legal – of the continuing connection.
20.
In order to verify whether adverse human rights impacts are being addressed,
business enterprises should track the effectiveness of their response. Tracking should:
(a)
Be based on appropriate qualitative and quantitative indicators;
(b)
Draw on feedback from both internal and external sources, including
affected stakeholders.
Commentary
Tracking is necessary in order for a business enterprise to know if its human rights policies
are being implemented optimally, whether it has responded effectively to the identified
human rights impacts, and to drive continuous improvement.
Business enterprises should make particular efforts to track the effectiveness of their
responses to impacts on individuals from groups or populations that may be at heightened
risk of vulnerability or marginalization.
Tracking should be integrated into relevant internal reporting processes. Business
enterprises might employ tools they already use in relation to other issues. This could
include performance contracts and reviews as well as surveys and audits, using genderdisaggregated data where relevant. Operational-level grievance mechanisms can also
provide important feedback on the effectiveness of the business enterprise’s human rights
due diligence from those directly affected (see Principle 29).
19
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