United Kingdom

The UK 2013 NAP

UK’ companies responsibilities to respect human rights

Government expectations of business

Many companies have already made the link between their business activity and respect for human rights; many already have human rights policies woven into their objectives and operations. Other companies, which consider human rights unfamiliar territory, are already addressing some issues linked to human rights within their operations but calling them by different names, such as labour standards, health and safety, or non-discrimination.

The UNGPs guide the approach UK companies should take to respect human rights wherever they operate. The key principles of this approach are to:

• comply with all applicable laws and respect internationally recognized human rights, wherever they operate;
• seek ways to honour the principles of internationally recognized human rights when faced with conflicting requirements;
• treat as a legal compliance issue the risk of causing or contributing to gross human rights abuses wherever they operate.
• adopt appropriate due diligence policies to identify, prevent and mitigate human rights risks, and commit to monitoring and evaluating implementation;
• consult people who may potentially be affected at all stages of project design and implementation, in a manner that ensures free and informed participation and takes into account language and other potential barriers to effective engagement, paying particular attention to indigenous peoples and other groups, including women and girls;
• emphasise the importance of behaviour in line with the UNGPs to their supply chains in the UK and overseas. Appropriate measures could include contractual arrangements, training, monitoring and capacity-building;
• adopt or participate in effective grievance mechanisms which are transparent, equitable and predictable, to enable the remediation of any adverse human rights impacts they cause or to which they contribute;
• be transparent about policies, activities and impacts, and report on human rights issues and risks as appropriate as part of their annual reports.

The Government supports the approach set out in the UNGPs, and is determined to help companies implement it. This should be at the heart of a company’s core operations; it is not the same as philanthropy or social investment. The responsibility of businesses to respect human rights exists independently of States’ abilities and/or willingness to fulfil their own human rights obligations. We recognise that different businesses will need to take different approaches to embedding this approach; that implementation will be progressive; and in particular that implementation will need to be compatible with the resource limitations of small and medium-sized enterprises. We also recognise that companies need to act in accordance with local law, which may sometimes be a constraint on acting in compliance with human rights. In such situations, we expect companies to act in accordance with the second principle summarised above, and will respond to requests for help where companies are struggling with conflicting requirements.

The UK 2016 updated NAP

2. The State’s Duty to Protect Human Rights [page 6]

(…) 11. The UK is subject to international human rights obligations under customary international law and as a result of the international legal instruments we have signed and ratified. Human rights obligations generally apply only within a State’s territory and/or jurisdiction. Accordingly, there is no general requirement for States to regulate the extraterritorial activities of business enterprises domiciled in their jurisdiction, although there are limited exceptions to this, for instance under treaty regimes. The UK may also choose as a matter of policy in certain instances to regulate the overseas conduct of British businesses.

3. Government expectations of business [page 14]

19.The Government recognises the considerable efforts many companies are taking to ensure that they respect human rights. An increasing number of companies have human rights policies and processes to manage and avoid human rights risks embedded in their objectives and operations. UK companies are among those pioneering work on this agenda. The Government has supported important industry led initiatives that have gained ground over the last two years, including on reporting, benchmarking performance and practical sector guidance.

20.The Government welcomes further business-led initiatives on the corporate responsibility to respect human rights. We stand ready to support business, for example by leveraging the Government’s convening and facilitating power. It is for business to lead on the implementation of this part of the UNGPs and for Government to play a supporting role.

21. The UNGPs guide the approach UK companies should take to respect human rights wherever they operate. The key principles of this approach are to:

• comply with all applicable laws and respect internationally recognized human rights, wherever they operate;
• seek ways to honour the principles of internationally recognized human rights when faced with conflicting requirements;
• treat as a legal compliance issue the risk of causing or contributing to gross human rights abuses wherever they operate;
• adopt appropriate due diligence policies to identify, prevent and mitigate human rights risks, and commit to monitoring and evaluating implementation;
• consult people who may potentially be affected at all stages of project design and implementation, in a manner that ensures free and informed participation and takes into account language and other potential barriers to effective engagement, paying particular attention to indigenous peoples and other groups, including women and girls;
• emphasise the importance of behaviour in line with the UNGPs to their supply chains in the UK and overseas. Appropriate measures could include contractual arrangements, training, monitoring and capacity-building;
• adopt or participate in effective grievance mechanisms which are transparent, equitable and predictable, to enable the remediation of any adverse human rights impacts they cause or to which they contribute;
• -be transparent about policies, activities and impacts, and report on human rights issues and risks as appropriate as part of their annual reports.

22. Respect for human rights should be at the heart of a company’s core operations, it is not the same as philanthropy or social investment. The responsibility of businesses to respect human rights exists independently of States’ abilities and/or willingness to fulfil their own human rights obligations. Different businesses will need to take different approaches to embedding this approach. Implementation will be progressive and will need to be compatible with the resource limitations of small and medium-sized enterprises. Companies also need to act in accordance with local law, which may sometimes be a constraint on acting in compliance with human rights. In such situations, the Government expects companies to seek ways to honour the principles of internationally recognised human rights.

23.The Government encourages companies to review their existing grievance procedures to ensure they are fair, transparent, understandable, well-publicised and accessible by all, and provide for grievances to be resolved effectively without fear of victimisation. It is also important for businesses to require similar good practice of their supply chains, especially in areas where abuses of rights have been identified.