18
Actual impact requires remediation (see Guiding Principle 22). Potential
impact—or human rights risk—requires action to prevent it from materializing,
or at least to mitigate (reduce) as far as possible the extent to which it may
do so (see Guiding Principles 17–21 on human rights due diligence). Where
some residual impact on human rights is unavoidable, this in turn requires
remediation.
Q 11. What should enterprises do if they are at risk of
involvement in adverse human rights impact?
The appropriate responses in these different situations are explored in some
detail under Guiding Principle 19. In summary:
(a) If an enterprise is at risk of causing or contributing to an adverse human
rights impact through its own activities, it should cease or change the
activity that is responsible, in order to prevent or mitigate the chance of
the impact occurring or recurring. If an impact nevertheless takes place,
the enterprise should engage actively in its remediation either directly
or in cooperation with others (be it the courts, the Government, other
enterprises involved or other third parties);
(b) If an enterprise is at risk of involvement in an adverse impact solely
because the impact is linked to its operations, products or services by a
business relationship, it does not have responsibility for the impact itself:
that responsibility lies with the entity that caused or contributed to it. The
enterprise therefore does not have to provide remediation (although it may
choose to do so to protect its reputation or for other reasons). However, it
has a responsibility to use its leverage to encourage the entity that caused
or contributed to the impact to prevent or mitigate its recurrence. This may
involve working with the entity and/or with others who can help.
GUIDING PRINCIPLE 14
The responsibility of business enterprises to respect human rights applies to all
enterprises regardless of their size, sector, operational context, ownership and
structure. Nevertheless, the scale and complexity of the means through which
enterprises meet that responsibility may vary according to these factors and with the
severity of the enterprise’s adverse human rights impacts.