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Actual human rights impact is a matter primarily for remediation, although it is
also an important indicator of potential impact. It is worth highlighting again
that an enterprise’s human rights risks are the risks that its operations pose to
human rights. This is separate from any risks that involvement in human rights
impact may pose to the enterprise, although the two are increasingly related.
An enterprise’s operations may pose risks to the human rights of various groups.
Direct employees are always a relevant group in this regard. But potentially
affected stakeholders may also be communities around the enterprise’s facilities,
workers of other enterprises in its value chain (insofar as they can be affected
by its own actions or decisions), users of its products or services, others involved
in product development (such as in product trials) and so forth. It is important
for enterprises to look beyond the most obvious groups and not assume, for
instance, that the challenges lie in addressing impact on external stakeholders
while forgetting direct employees; or assume that those affected are employees
alone, ignoring other affected stakeholders beyond the walls of the enterprise.
Individuals from population groups that are more vulnerable to human rights
impact require particular attention. (See question 4 for more on vulnerable
populations and groups.)
Q 36. When should impact be assessed?
Human rights due diligence requires ongoing processes to assess human rights
impact in order for an enterprise to maintain a true picture of its human rights
risks over time, taking into account changing circumstances. This cannot be
accomplished through one single human rights impact assessment, unless the
enterprise’s operations and operating context remain largely unchanged. The
commentary to Guiding Principle 18 makes clear that repeat assessments are
likely to be necessary at various critical moments: prior to a new activity or
relationship; prior to major decisions or changes in the operation (e.g., market
entry, product launch, policy change or wider changes to the business); in
response to or anticipation of changes in the operating environment (e.g., rising
social tensions); and periodically throughout the life of an activity or relationship.
The most effective is to begin to assess impact as early as possible in the life of
a particular activity or relationship. The terms of contracts at the start of new
investments or business relationships can often dictate how easy or difficult it
will be to ensure respect for human rights for their duration. An early exercise
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