Foreword
I
n 2008, the United Nations endorsed the ‘Protect, Respect, and Remedy
Framework’ for business and human rights. This framework unequivocally
recognizes that States have the duty under international human rights law
to protect everyone within their territory and/or jurisdiction from human rights
abuses committed by business enterprises. The UN Framework also addresses
the human rights responsibilities of businesses. Business enterprises have the
responsibility to respect human rights wherever they operate and whatever their
size or industry. In other words, companies must know—and show—that they
respect human rights in all their operations.
More importantly, the UN Framework clarifies that the corporate
responsibility to respect human rights exists independently of the States’ ability
or willingness to fulfil their duty to protect human rights. No matter the context,
States and businesses retain these distinct but complementary responsibilities.
The UN Framework also recognizes the fundamental right of individuals
and communities to access effective remedy when their rights have been
adversely impacted by business activities. When a business enterprise abuses
human rights, States must ensure that the people affected can access an effective
remedy through the court system or other legitimate non-judicial process.
Companies, for their part, are expected to establish or participate in effective
grievance mechanisms for any individuals or communities adversely impacted
by their operations.
On 16 June 2011, the United Nations Human Rights Council unanimously
endorsed the UN Guiding Principles on Business and Human Rights (UNGP BHR),
a set of guidelines that operationalize the UN Framework and further define the
key duties and responsibilities of States and business enterprises with regard
to business-related human rights abuses. Henceforth, the Working Group on
Business and Human Rights (UNWG) was mandated by the United Nations
Human Rights Council (UNHRC) to promote the effective and comprehensive
implementation of the UNGP BHR. The UNWG likewise noted in its 2016
Guidance on Business and Human Rights that National Action Plans (NAPs) can
be an important means to promote the implementation of the UNGP BHR (DIHR,
n.d.).
8
Upholding Land Rights amidst the Land Rush