44
Engagement with stakeholders plays a number of roles. It enables an enterprise
to identify whether stakeholders have the same or different perspectives (than the
enterprise and than each other) on what constitutes an impact on their human
rights and on how significant an impact may be. For instance, damage to land
that belongs to an indigenous community but is not farmed or otherwise used for
economic purposes might seem to the enterprise to represent a low-level impact on
the right to property that can easily be addressed through financial compensation
or the provision of alternative land; whereas an indigenous community may
consider that there is a far greater impact related to the role of that land in its
culture, traditions and beliefs. Changes to factory shift hours that seem to make
sense to the management of an enterprise may have a particular impact on women
with childcare responsibilities or individuals with whose religious practices the
new hours would interfere. It is often only through talking to those who may be
affected that these issues come to light and can be addressed.
This Guiding Principle also recognizes that, for many small and medium-sized
enterprises, consultations with directly affected stakeholders may not be feasible,
owing to legitimate financial, geographical or other constraints. The Guiding
Principles point to other ways of maximizing the information the company can
obtain about its human rights impact and how it is perceived, including through
sources of external expertise, as discussed under question 41.
BOX 5
Engagement with potentially affected groups and other relevant stakeholders
Engaging with potentially affected groups and other relevant stakeholders provides
important insights into their perspectives and concerns regarding the enterprise’s
operations and the implications these have for human rights. Effective engagement
can also help demonstrate that the enterprise takes stakeholders’ views and their
dignity, welfare and human rights seriously. This can help to build trust and make it
easier to find ways to address impact in an agreed and sustainable way, avoiding
unnecessary grievances and disputes.
Consultation with potentially affected stakeholders can require particular sensitivity.
It necessitates attention to any barriers—linguistic, cultural, gender or other—that
stakeholders may face in speaking openly to the enterprise’s representatives. It requires
sensitivity to cultural differences and perceived power imbalances, where these exist.
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