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in all situations. It therefore also exists independently of an enterprise’s own
commitment to human rights. It is reflected in soft law instruments such as the
Guidelines for Multinational Enterprises of the Organisation for Economic
Co-operation and Development (OECD). There can be legal, financial and
reputational consequences if enterprises fail to meet the responsibility to
respect. Such failure may also hamper an enterprise’s ability to recruit and
retain staff, to gain permits, investment, new project opportunities or similar
benefits essential to a successful, sustainable business. As a result, where
business poses a risk to human rights, it increasingly also poses a risk to its
own long-term interests.
Q 8. Do enterprises have any additional human rights
responsibilities?
The Guiding Principles set the baseline responsibility of all enterprises as respect
for human rights wherever they operate. Beyond that, enterprises may voluntarily
undertake additional human rights commitments—such as the promotion of certain
human rights—for philanthropic reasons, to protect and enhance their reputation, or
to develop new business opportunities. National laws and regulations may require
additional activities by enterprises regarding human rights in some situations,
as may contracts with public authorities for particular projects. For example, a
contract with a State for the provision of water services may require a business
enterprise to help fulfil the human right to water. Operational conditions may also
lead enterprises to take on additional responsibilities in specific circumstances.
For example, enterprises may identify a need to make social investments, such
as in local health care or education, in order to achieve or maintain support
for its operations from surrounding communities (a so-called social licence to
operate). Supporting human rights also forms part of the commitment undertaken
by signatories to the United National Global Compact.
Debate continues over whether there may be a responsibility for some
enterprises in some situations to go beyond respect for human rights and also
to seek to promote them. This falls beyond the scope of the Guiding Principles,
which constitute a global standard of responsibility for all businesses in all
situations and therefore focus on the responsibility to respect human rights.
Respect for human rights is about an enterprise’s core operations—how it goes
about its daily business. It is not about voluntary activities outside its core
operations, however welcome these may be.