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is the case, they should seek advice from credible external sources, including
civil society organizations working in or reporting from the area. Where
appropriate, they can also seek advice from Governments, including that of
their home State. National human rights institutions can be another valuable
source of advice. Working with business partners, industry bodies or multistakeholder initiatives can also help enterprises in devising approaches that are
more finely tuned to the human rights risks posed by complex circumstances.
(See annex II for more examples of external resources.)
QUESTIONS TO ASK
Are we operating in a context where domestic law related to human rights is weak,
unenforced or inexistent? Does our due diligence assess these factors and their
implications for human rights risks?
Is it clear to all personnel and to those with whom we have business relationships
in those contexts that we work to the standard of respect for all internationally
recognized human rights? Do they understand what that entails?
Are we operating in a context where there are conflicting requirements between
domestic law and internationally recognized human rights?
If so, how certain are we that the law and international standards cannot be
reconciled? Is there scope to approach the authorities in the search for a solution,
without increasing risks to human rights?
Are there any well-established ways of dealing with this conflict of requirements or
any successful examples from other enterprises?
Faced with real dilemmas, who would we turn to for help in identifying the best
possible response? Is it possible to include representatives of affected stakeholders
in this process?
What processes do we have in place to account for our decisions and actions in
such scenarios?
Where local requirements place us at risk of involvement in gross abuses of human
rights such as international crimes, through what processes, and with what seniorlevel participation, will we determine whether we can remain and, if so, on what
terms?
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