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and be prepared to accept any consequences—reputational, financial or
legal—of the continuing connection”.
The above applies to existing business relationships. An enterprise may also be
considering entering into a new relationship with a third party which it identifies
has been involved in human rights abuses in the past. In this case, the enterprise
should first assess whether it is likely to be able to use its relationship to mitigate
the occurrence of such abuse in connection with its own operations, products or
services and try to ensure—through the terms of contract or other means—that
it has the leverage to do so. If it assesses that this is possible, then the risks of
entering the relationship may be deemed acceptable, provided the enterprise
then pursues action to mitigate them. If it assesses that it will not be able to
mitigate the risk of human rights abuses by the other party or that the risks to
human rights are simply too high, it will be ill-advised to enter the relationship.
Q 47. How should an enterprise approach complex situations
with no obvious or easy solutions?
In some situations it will be relatively straightforward to prevent or mitigate
potential human rights abuse that has been identified. In others, it may be
more difficult. If complex challenges arise, they will often necessitate greater
participation of senior management in reaching decisions on appropriate
action. Decision processes should then draw on all the relevant expertise
available within the enterprise. Moreover, in many cases an enterprise will
benefit from independent, trusted expert advice from outside in helping it reach
decisions that are credible and seen by others as credible, including from a
human rights perspective. There may be respected sources of advice within the
Government, national human rights institutions, civil society, multi-stakeholder
initiatives, etc. If direct engagement with those affected is feasible without
exposing them or others to more human rights abuse, this should be pursued.
QUESTIONS TO ASK
What lines of responsibility and accountability exist for addressing our findings of
potential human rights impact?
What systematized approaches might help us integrate findings from our assessments
across the relevant business units or functions, so that we can take effective action?
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