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For many enterprises, there will already be processes in place for other forms
of due diligence (environmental, health and safety, etc.) that can be drawn on
or built on to provide for human rights due diligence. Care should be taken
to ensure that such systems are adapted to the particular task of managing
human rights risks effectively. It is important for all enterprises to ensure that the
personnel responsible for human rights due diligence have the necessary skills
and training opportunities. They also need to have sufficient influence within
the organization.
In the first instance, an enterprise’s overall human rights risk profile will have been
assessed to develop its human rights policy commitment and any supporting
policies and procedures. But the enterprise should keep under review any shifts
that might affect that general profile. Such a shift could flow from a number
of factors, for example if the enterprise moves into a new geographic area
with rule-of-law or conflict challenges or launches new product lines requiring
sourcing from regions with known labour rights problems. It could result from
the development of new services for clients who are linked to human rights
abuses or from long-standing products or services that start to be used for
unintended purposes.
Surveying these and other relevant developments will help highlight emerging
issues that will change the enterprise’s general risk profile and may require the
allocation of greater resources to address any increase in risk.
Q 32. How does human rights due diligence relate to
remediation?
Human rights due diligence aims to prevent and mitigate potential human rights
impact in which an enterprise might be involved. Remediation aims to put right
any actual human rights impact that an enterprise causes or contributes to. The
two processes are separate but interrelated. For example, an effective grievance
mechanism through which those directly affected can raise concerns about how
they are or may be harmed can be a good indicator of potential and recurring
human rights impact. Tracking the effectiveness of the enterprise’s responses
to human rights impact will similarly benefit from feedback via an effective
grievance mechanism, as well as from wider stakeholder engagement. And
enterprises should be in a position to communicate, as appropriate, both on
how they address human rights risks in general and how they have remedied
significant human rights impact.
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