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Extractives sector
Extractives industries (including mining, oil & gas, and forestry) offer the potential for job creation and economic growth, which are important elements in promoting an environment conducive to the enjoyment of human rights. However, the extractives sector can have adverse impacts on a broad array of human rights, due to, for example: resettlement of communities without adequate…
Export credit
The Organisation for Economic Co-operation and Development (OECD) notes that ‘export credit’ is an insurance, guarantee or financing arrangement which enables a foreign buyer of exported goods and/or services to defer payment over a period of time. Export credits are generally divided into short-term, medium-term (usually two to five years repayment) and long-term (usually over five years)….
Corruption
Corruption is generally acknowledged as being the abuse of entrusted power for private gain. Although there is no universal definition of corruption, the United Nations Convention against Corruption 2005 highlights various forms of corruption, such as trading in influence, abuse of functions and private sector corruption, which can range from the minor use of…
Corporate law & corporate governance
The State’s responsibility to foster a corporate culture respectful of human rights both at home and abroad is a key element of the first pillar of the State duty to protect human rights as articulated in the UN Guiding Principles on Business and Human Rights (UNGPs). Corporate law focuses on the rules for forming and operating corporations….
Construction sector
The construction industry has direct and often detrimental impacts on human rights, particularly in the areas of workers’ rights, community and land-rights, environmental protection (e.g. dams, large hydro-electric projects) as well as rights to life and health of communities and workers. The global construction market is anticipated to expand by US$4.5 trillion to US$15.2 trillion…
Conflict-affected areas
The UN Guiding Principles on Business and Human Rights (UNGPs) recognise that business activities in conflict-affected and high-risk areas increase the risks of enterprises fuelling conflict and being complicit in gross human rights abuses committed by other actors. The Guiding Principle 7 highlights the importance of supporting business respect for human rights in conflict-affected areas….
Guiding Principle 26
States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses, including considering ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. Commentary Effective judicial mechanisms are at the core of ensuring access to remedy. Their ability to address business-related…
Guiding Principle 27
States should provide effective and appropriate non-judicial grievance mechanisms, alongside judicial mechanisms, as part of a comprehensive State-based system for the remedy of business-related human rights abuse. Commentary Administrative, legislative and other non-judicial mechanisms play an essential role in complementing and supplementing judicial mechanisms. Even where judicial systems are effective and well-resourced, they cannot carry the burden of addressing all…
Guiding Principle 28
States should consider ways to facilitate access to effective non-Statebased grievance mechanisms dealing with business-related human rights harms. Commentary One category of non-State-based grievance mechanisms encompasses those administered by a business enterprise alone or with stakeholders, by an industry association or a multi-stakeholder group. They are non-judicial, but may use adjudicative, dialogue-based or other culturally appropriate and rights-compatible processes. These mechanisms…
Guiding Principle 29
To make it possible for grievances to be addressed early and remediated directly, business enterprises should establish or participate in effective operational-level grievance mechanisms for individuals and communities who may be adversely impacted. Commentary Operational-level grievance mechanisms are accessible directly to individuals and communities who may be adversely impacted by a business enterprise. They are typically administered by…
Guiding Principle 30
Industry, multi-stakeholder and other collaborative initiatives that are based on respect for human rights-related standards should ensure that effective grievance mechanisms are available. Commentary Human rights-related standards are increasingly reflected in commitments undertaken by industry bodies, multi-stakeholder and other collaborative initiatives, through codes of conduct, performance standards, global framework agreements between trade unions and transnational corporations, and similar undertakings….
Guiding Principle 31
In order to ensure their effectiveness, non-judicial grievance mechanisms, both State-based and non-State-based, should be: (a) Legitimate: enabling trust from the stakeholder groups for whose use they are intended, and being accountable for the fair conduct of grievance processes; (b) Accessible: being known to all stakeholder groups for whose use they are intended, and providing adequate assistance for those who…
Guiding Principle 25
As part of their duty to protect against business-related human rights abuse, States must take appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such abuses occur within their territory and/or jurisdiction those affected have access to effective remedy. Commentary Unless States take appropriate steps to investigate, punish and redress business-related human rights abuses when…
Guiding Principle 12
The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work. Commentary Because business enterprises can have an impact on…
Guiding Principle 13
The responsibility to respect human rights requires that business enterprises: (a) Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur; (b) Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts….
Guiding Principle 14
The responsibility of business enterprises to respect human rights applies to all enterprises regardless of their size, sector, operational context, ownership and structure. Nevertheless, the scale and complexity of the means through which enterprises meet that responsibility may vary according to these factors and with the severity of the enterprise’s adverse human rights impacts. Commentary The means through which a…
Guiding Principle 15
In order to meet their responsibility to respect human rights, business enterprises should have in place policies and processes appropriate to their size and circumstances, including: (a) A policy commitment to meet their responsibility to respect human rights; (b) A human rights due diligence process to identify, prevent, mitigate and account for how they address their impacts on…
Guiding Principle 16
As the basis for embedding their responsibility to respect human rights, business enterprises should express their commitment to meet this responsibility through a statement of policy that: (a) Is approved at the most senior level of the business enterprise; (b) Is informed by relevant internal and/or external expertise; (c) Stipulates the enterprise’s human rights expectations of personnel, business…
Guiding Principle 17
In order to identify, prevent, mitigate and account for how they address their adverse human rights impacts, business enterprises should carry out human rights due diligence. The process should include assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed. Human rights due diligence: (a) Should cover adverse human…