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42. The adverse consequences of this scarcity of support are demonstrated in the earlier
example of developing country investment negotiators signing contracts that adversely affect
their States’ duty to protect, at least in part because of capacity shortfalls that also extend to other
policy domains.
43. Finally, international cooperation involves joint problem-solving by States. Nowhere is this
more desperately needed than in conflict situations. The current international human rights
regime cannot possibly be expected to function as intended where societies are torn apart by civil
war or other major strife. It is therefore unsurprising that the most egregious corporate-related
human rights abuses typically occur amidst conflict. The Special Representative has found that
all stakeholders want greater guidance on how to prevent corporate-related abuse in conflict
affected areas. Therefore, he is exploring the possibility of working with an informal group of
home and host States to generate ideas about effective approaches and tools States could employ
to help achieve that end.
D. Summing up
44. Governments are the most appropriate entities to make the difficult decisions required to
reconcile different societal needs. Yet, as the Special Representative noted in his 2008 report,
most Governments take a relatively narrow approach to managing the business and human rights
agenda. Human rights concerns remain poorly integrated into other policy domains that directly
shape business practices. Therefore, a major objective of the Special Representative’s renewed
mandate is to assist Governments in recognizing those connections and advancing the business
and human rights agenda beyond its currently narrow confines.
IV. THE CORPORATE RESPONSIBILITY TO RESPECT
45. In paragraph 4 (b) of resolution 8/7, the Human Rights Council asked the Special
Representative “to elaborate further on the scope and content of the corporate responsibility to
respect all human rights and to provide concrete guidance to business and other stakeholders”.
This section summarizes the responsibility to respect and addresses several issues requiring
further elaboration.
46. Companies know they must comply with all applicable laws to obtain and sustain their
legal licence to operate. However, over time companies have found that legal compliance alone
may not ensure their social licence to operate, particularly where the law is weak. The social
licence to operate is based in prevailing social norms that can be as important to the success of a
business as legal norms. Of course, social norms may vary by region and industry. But one of
them has acquired near-universal recognition by all stakeholders, namely the corporate
responsibility to respect human rights, or, put simply, to not infringe on the rights of others.
47. By near-universal is meant two things. First, the corporate responsibility to respect is
acknowledged by virtually every company and industry CSR initiative, endorsed by the world’s
largest business associations, affirmed in the Global Compact and its worldwide national
networks, and enshrined in such soft law instruments as the ILO Tripartite Declaration and the
OECD Guidelines. Second, violations of this social norm are routinely brought to public
attention globally through mobilized local communities, networks of civil society, the media
including blogs, complaints procedures such as the OECD NCPs, and if they involve alleged
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