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Q 41. What is the role of internal and external expertise in the
assessment of human rights impact?
Guiding Principle 18 states that the process of assessing adverse human
rights impact should “draw on internal and/or independent external human
rights expertise”. Even if an enterprise has internal expertise on human
rights, those personnel will need to consult external sources that reflect
evolving understanding of how enterprises in the sector can have an impact
on human rights, best practice in assessing impact, as well as information
on changes in the enterprise’s operating environments and their implications
for human rights. Many of these sources will be in writing and publicly
available. Insights and advice from individual experts in Government,
academic, practitioner and civil society circles are also frequently available
and accessible.
These kinds of resources can also be particularly important in helping small
and medium-sized enterprises, which will rarely have internal human rights
expertise, to keep the resource implications of meeting the responsibility to
respect human rights proportionate to the human rights risk that they need to
address. If direct consultation with affected stakeholders is not possible (see
question 42), expert resources of this type become more important, as do the
insights offered by organizations or individuals that legitimately convey the
perspectives—or likely perspectives—of those who may be affected by the
enterprise’s activities or relationships.
Q 42. What is the role of consultation with directly affected
groups and other relevant stakeholders in the
assessment of human rights impact?
Guiding Principle 18 also states that the process of assessing adverse human
rights impact should “involve meaningful consultation with potentially affected
groups and other relevant stakeholders, as appropriate to the size of the
business enterprise and the nature and context of the operation”. As the
commentary makes clear, enterprises need to understand, as far as possible,
the concerns of those who may be directly affected by their operations. This is
particularly important for enterprises whose operations or operating contexts
suggest they will have significant human rights risks.
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