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record of the security forces or the State, but the risks that human rights
abuses may occur as a result of the security forces’ presence at its facilities.
While their past human rights record will be one consideration, other factors
will include the general stability and rule of law in the area in question; local
circumstances, such as any current or likely tensions among communities,
between communities and local authorities or between communities and the
enterprise; local attitudes to the Government or the armed forces; and, of
course, the training and skills of the armed forces in handling such assignments
in line with human rights.
In multi-tiered and complex value chains, and for companies with thousands
of suppliers even in their first tier, it is even less feasible to assess every
individual business relationship. The same may be true for a small or
medium-sized enterprise with a large number of business relationships
relative to its own resources. However, this does not reduce its responsibility
to respect human rights: not knowing about human rights abuses linked
to its operations, products or services is unlikely by itself to satisfy key
stakeholders, and may be challenged in a legal context, if the enterprise
should reasonably have known of, and acted on, the risk through due
diligence.
As the commentary to Guiding Principle 17 explains, if due diligence on
every individual relationship is impossible, “business enterprises should
identify general areas where the risk of adverse human rights impacts is most
significant, whether due to certain suppliers’ or clients’ operating context,
the particular operations, products or services involved, or other relevant
considerations, and prioritize these for human rights due diligence”. This
would include, for example, agricultural products sourced from suppliers in
an area known for child labour; security services provided by contractors
or forces in areas of conflict or weak governance and rule of law; and drug
trials conducted through partners in areas of low education, literacy and
legal safeguards. If abuses do occur where they could not reasonably have
been foreseen, the enterprise’s stakeholders will assess it on its response: how
well and how swiftly it takes action to prevent or mitigate their recurrence
and to provide for or support their remediation (see Guiding Principles 22
and 29).
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