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States should maintain adequate domestic policy space to meet their human rights
obligations when pursuing business-related policy objectives with other States or business
enterprises, for instance through investment treaties or contracts.
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States, when acting as members of multilateral institutions that deal with business-related
issues, should: (a) Seek to ensure that those institutions neither restrain the ability of
their member States to meet their duty to protect nor hinder business enterprises from
respecting human rights; (b) Encourage those institutions, within their respective mandates
and capacities, to promote business respect for human rights and, where requested, to
help States meet their duty to protect against human rights abuse by business enterprises,
including through technical assistance, capacity-building and awareness-raising; (c) Draw
on these Guiding Principles to promote shared understanding and advance international
cooperation in the management of business and human rights challenges.
THE CORPORATE RESPONSIBILITY
TO RESPECT HUMAN RIGHTS:
Foundational principles
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Business enterprises should respect human rights. This means that they should avoid
infringing on the human rights of others and should address adverse human rights impacts
with which they are involved.
The responsibility of business enterprises to respect human rights refers to internationally
recognized human rights – understood, at a minimum, as those expressed in the
International Bill of Human Rights and the principles concerning fundamental rights set out
in the International Labour Organization’s Declaration on Fundamental Principles and Rights
at Work.
The responsibility to respect human rights requires that business enterprises: (a) Avoid
causing or contributing to adverse human rights impacts through their own activities, and
address such impacts when they occur; (b) Seek to prevent or mitigate adverse human rights
impacts that are directly linked to their operations, products or services by their business
relationships, even if they have not contributed to those impacts.
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.
In order to meet their responsibility to respect human rights, business enterprises should
have in place policies and processes appropriate to their size and circumstances, including:
(a) A policy commitment to meet their responsibility to respect human rights; (b) A human
rights due diligence process to identify, prevent, mitigate and account for how they address
their impacts on human rights; (c) Processes to enable the remediation of any adverse human
rights impacts they cause or to which they contribute.
Operational principles: Policy commitment
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As the basis for embedding their responsibility to respect human rights, business enterprises
should express their commitment to meet this responsibility through a statement of policy
that: (a) Is approved at the most senior level of the business enterprise; (b) Is informed by
relevant internal and/or external expertise; (c) Stipulates the enterprise’s human rights
expectations of personnel, business partners and other parties directly linked to its operations,
products or services; (d) Is publicly available and communicated internally and externally
to all personnel, business partners and other relevant parties; (e) Is reflected in operational
policies and procedures necessary to embed it throughout the business enterprise.
Human rights due diligence
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In order to identify, prevent, mitigate, and account for how they address their adverse
human rights impacts, business enterprises should carry out human rights due diligence.
ANGOC and KPA
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