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set out in the International Labour Organisation’s Declaration of
Fundamental Principles and Rights at Work.
Q6: You mentioned that you give advice on the implementation of the
Guiding Principles on Business and Human Rights: Implementing
the UN “protect, respect and remedy” framework. Please briefly
explain the process that led to the development of this UN framework.
A6: The Protect, Respect and Remedy Framework was proposed by a
Special Representative of the United Nations Secretary-General, John
Ruggie and adopted by the UN Human Rights Council in 2008. It was
the product of three years of multi-stakeholder consultation, discussions
and analyses across all continents. By multi-stakeholder consultation,
I mean the consultation of all relevant actors involved in the field,
including business enterprises, trade unions, government
representatives, victim groups, professional bodies, advocacy and civil
society groups. This was subsequently followed by another three years
of similar consultation to develop operational standards. This
culminated in the adoption of the UN Guiding Principles on Business
and Human Rights.
Q7: What is the legal foundation of this framework?
A7: The legal foundation for the Framework is the current international and
national legal standards. In effect, the Framework does not seek to
create new legal standard.
Q8: Please explain the “protect” aspect in the framework.
A8: The Protect Pillar of the Framework restates the duty that States have
assumed in law and as part of their democratic responsibility to protect
everyone from human rights abuse within their territory and within their
jurisdiction. The protection includes human rights abuse by both
government agencies as well as third parties such as private business
enterprises.
Q9: How about the “respect” aspect in the framework?
A9: The Respect Pillar of the Framework refers to the responsibility that
business enterprises have to respect human rights.
Q10: Please continue, what is the “remedy” aspect of the framework?
A10: The Framework acknowledges that business enterprises can cause
adverse human rights impacts and so, when this happens there should
be avenues to provide remediation. This applies to both governmental
and business opportunities for remedy. In other words, remedy covers
the range of mechanisms including State judicial and non-judicial
mechanism alongside corporate grievance mechanisms.