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Q 33. Can human rights due diligence or parts of it be carried
out by external experts?
It is certainly possible to use external experts to carry out some human rights due
diligence processes, and at times this may be both reasonable and necessary.
However, it should always be done with due care. Respect for human rights relates
to an enterprise’s core operations. The best way to ensure it is achieved sustainably
is for it to be embedded in the values of the enterprise. The more the enterprise
uses third parties to carry out some key due diligence processes, the less likely this
“embedding” into the enterprise will take place. It is particularly important that any
findings regarding the enterprise’s human rights impact that are identified through
the work of external experts are effectively internalized and integrated across the
enterprise in order to enable effective action (see Guiding Principle 19).
It is also ill-advised for an enterprise to delegate engagement with its potentially
affected stakeholders entirely to external experts, since this undermines its
capacity to truly understand the perspectives of those it may have an impact
on and to build trusting and productive relationships with them. However,
involving local third parties in the enterprise’s own engagement efforts may
help to bridge cultural gaps. In particular, where relationships with affected
stakeholders already have a history of distrust, it may well be important to
identify a neutral third party who can support and assist such stakeholder
engagement, at least at the initial stages.
QUESTIONS TO ASK
Do we already have systems on which we may build as we develop our human
rights due diligence processes?
Are these systems effective and fit for the purpose of addressing human rights risks?
What changes may be needed to make them fit for this purpose?
Are there circumstances in which we will need separate processes for human rights?
Who should lead on human rights due diligence? Who needs to have oversight?
What departments will most likely need to be involved in aspects of human rights due
diligence? How could we involve them in the development of the processes? How
could we structure and motivate collaboration?
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