A/HRC/38/49 management practices both prior to investments (comprehensive due diligence and feasibility management, which encompasses social and environmental factors) and during investment (establishing and improving due diligence mechanisms on the basis of economic, social and environmental risk assessments). 68. Key initiatives conducted in 2016 and 2017 in which the Guiding Principles were either referenced or used directly as a framework included: • A social responsibility management system in the information and communications technology industry • The green aviation initiative and networks • The Responsible Cobalt Initiative • The Guidance for Sustainable Natural Rubber10 • The revised China Social Compliance 9000 for the textile and apparel industry 69. Another notable initiative that held important lessons for stakeholders with regard to corporate human rights due diligence was the banking agreement reached in the Netherlands on international responsible business conduct. This multi-stakeholder initiative between the banking associations, the Government of the Netherlands, three civil society organizations and two trade unions included a number of working groups set up to look after specific aspects of implementation, one of which gave insights to Forum participants on the issue of enabling remediation. The discussions were relevant beyond the banking sector, in particular because they sought to clarify the terms in the Guiding Principles of “cause”, “contribute to” and “directly linked to” and their implications for the responsibility to provide remedy. Participants noted that there was a common tendency to fixate on “cause and contribution situations” in which the Guiding Principles clarified that business enterprises had a responsibility to provide, or contribute directly to, remedy. Less time was allocated to worrying about what to do in a “linkage situation”, given that, under the Guiding Principles, businesses do not necessarily have a responsibility to provide remedy, even though they may choose to do so. It was stressed that this gap missed the fundamental point in the second pillar of the Guiding Principles, namely, that remedy, and a business’s role in relation to it, is always relevant. A good practice would be considering how to exercise leverage to ensure accountability for any harm caused and how it could be addressed. This would also be an effective way to prevent future harm. Another insight emerging from this discussion was that, although approaches to grievance mechanisms might vary across sectors, even enterprises that often find that their link to human rights risks is primarily through business relationships (as characteristic for many actors in the banking sector) ought to think about such mechanisms. A message that held relevance beyond the banking sector was the need to go beyond simply asking “do you have a grievance mechanism?”. More thoughtful and effective approaches were needed. C. Human rights defenders, civic freedoms and the role of business 70. Trends with regard to persons who speak up against business-related human rights impacts worldwide and the need to ensure better protection of human rights defenders have become a standing item on the agenda of the Forum. Discussions on human rights defenders have also helped feed into the ongoing efforts of the Working Group to develop guidance on this issue. 11 In 2017, participants in the Forum reiterated that human rights defenders were instrumental in identifying actual and potential business-related human rights impacts — which is also a first step towards securing effective remedy. By doing so, defenders also provided access to information about risks and impacts, enabling better corporate human rights due diligence. 10 11 See www.cccmc.org.cn/docs/2017-11/20171107204714430892.pdf. See OHCHR, “Human rights defenders and civic space — the business and human rights dimension”, available from www.ohchr.org/EN/Issues/Business/Pages/HRDefendersCivicSpace.aspx. 17

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