4 Q11: Let’s go to the Guiding Principles on Business and Human Rights, where did those principles come from? A11: The Guiding Principles were the outcome of the Mandate from the (former) UN Commission on Human Rights (now the UN Human Rights Council) to the Special representative of the UN SecretaryGeneral to propose standards to operationalize his Protect, Respect, Remedy Framework. The Guiding Principles were unanimously endorsed by the UN Human Rights Council in 2011. Q12: What is the legal status of the United Nations Guiding Principles on Business and Human Rights? A12: The UN Guiding Principles do not create new standards. Rather they restate and consolidate existing international and national standards. They therefore draw their legal significance from these pre-existing sources of law. However, on their own, they represent what has often been referred to as international soft law. Q13: Are you saying that because the principles are grounded in recognition of existing States obligations, the role of business, and the need for rights and obligations to be matched by remedies, they are applicable to all States and businesses? A13: Yes, that is correct. Q14: So States are legally bound to fulfill those existing States obligations? A14: Yes, they are. Q15: Then please explain - what are the guiding principles with respect to the State duty to protect human rights? A15: The State duty to protect against human rights abuse are set out under two broad headings: the Foundational Principles and the Operational principles. Q16: Foundational principles, first, please continue. A16: The Foundational Principles set out the broad parameters of States’ duties from which one may draw or set out specific obligations. In the Guiding Principles, States are expected to take appropriate steps to prevent, investigate, punish and redress human rights abuses through effective legislation, regulations and adjudication. In addition, they should set out their expectations that business enterprises in their territory/jurisdiction will respect human rights throughout their operations. Q17: How about the operational principles?