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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 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 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 19
In order to prevent and mitigate adverse human rights impacts, business enterprises should integrate the findings from their impact assessments across relevant internal functions and processes, and take appropriate action. (a) Effective integration requires that: (i) Responsibility for addressing such impacts is assigned to the appropriate level and function within the business enterprise; (ii) Internal decision-making, budget allocations and…
Guiding Principle 23
In all contexts, business enterprises should: (a) Comply with all applicable laws and respect internationally recognized human rights, wherever they operate; (b) Seek ways to honour the principles of internationally recognized human rights when faced with conflicting requirements; (c) Treat the risk of causing or contributing to gross human rights abuses as a legal compliance issue wherever they…
Guiding Principle 24
Where it is necessary to prioritize actions to address actual and potential adverse human rights impacts, business enterprises should first seek to prevent and mitigate those that are most severe or where delayed response would make them irremediable. Commentary While business enterprises should address all their adverse human rights impacts, it may not always be possible to address them…
Guiding Principle 10
States, when acting as members of multilateral institutions that deal with business-related issues, should: (a) Seek to ensure that those institutions neither restrain the ability of their member States to meet their duty to protect nor hinder business enterprises from respecting human rights; (b) Encourage those institutions, within their respective mandates and capacities, to promote business respect for human…
Guiding Principle 8
States should ensure that governmental departments, agencies and other State-based institutions that shape business practices are aware of and observe the State’s human rights obligations when fulfilling their respective mandates, including by providing them with relevant information, training and support. Commentary There is no inevitable tension between States’ human rights obligations and the laws and policies they put in place…
Guiding Principle 7
Because the risk of gross human rights abuses is heightened in conflictaffected areas, States should help ensure that business enterprises operating in those contexts are not involved with such abuses, including by: (a) Engaging at the earliest stage possible with business enterprises to help them identify, prevent and mitigate the human rights-related risks of their activities and business relationships; (b)…
Guiding Principle 6
States should promote respect for human rights by business enterprises with which they conduct commercial transactions. Commentary States conduct a variety of commercial transactions with business enterprises, not least through their procurement activities. This provides States – individually and collectively – with unique opportunities to promote awareness of and respect for human rights by those enterprises, including through the…
Human rights defenders & Civic space
Human Rights defender (HRD) is a term used to describe “people who, individually or with others, act to promote or protect human rights in a peaceful manner”, as defined by the UN Special Rapporteur on human rights defenders. A human rights defender can be, for example, an individual such as a journalist, worker, lawyer, activist,…
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This website is an online “one-stop-shop” for information regarding National Action Plans (NAPs) on Business and Human Rights. It is managed by the Danish Institute for Human Rights (DIHR). What are National Action Plans? National action plans are policy documents in which a government articulates priorities and actions that it will adopt to support the…
Resources
National Action Plans (NAPs) are an essential opportunity for holding governments accountable for the protection of human rights against abuses by corporate actors. The following resources offer a set of tools for governments, civil society, business, and other actors to engage with in advocating for or developing NAPs, as well as links to NAPs that…
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*The DIHR takes no position on issues of sovereignty or territorial disputes. Borders on this map are based on UN Geospatial data Active i) Implementing a NAP; or ii) Implementing a NAP while developing a new NAP. Developing i) Developing a NAP without implementing a NAP. Other i) No longer implementing a NAP and not developing…
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