The UN Guiding Principles on Business and Human Rights:Overview, key concepts, and recent developments

Berlin, 26 March 2015

Ms. Lene WendlandAdviser on Business and Human RightsOffice of the UN High Commissioner for Human Rights

Human rights and business:the linksEmblematic cases demonstrating that companies can affect human rights negatively

UN Response 2005-2011

• Human Rights Council mandateso Identify and clarify standards of Corporate Responsibilityo Clarify role of Stateso Provide guidance on the implementation of the Protect,

Respect, Remedy Framework

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2005 Deadlock SRSG

appointed

2008 Breakthroug

h Protect, Respect, Remedy

2011 Culmination

Guiding Principles

endorsed by HRC

John RuggieSpecial Representative of the UN Secretary-General (SRSG)

3 Pillar Framework

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• Policies• Regulation• Adjudication

State Duty to Protect

• Act with due diligence to avoid infringement• Address adverse impacts on human rights

Corporate Responsibility to Respect

• Effective access for victims• Judicial and non-judicial

Access to Remedy

Key features of the GPs

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• All States.

• All companies, of all sizes, in every sector, in any country.

• Distinct, but complementary responsibility between States and companies

• No new legal obligations – but elaborate on implications of existing obligations and practices for States and business.

• Do no preclude international or national legal developments

• Contains “smart mix” of regulatory and voluntary approaches

• Focused on preventing and addressing adverse impacts as baseline responsibility, does not preclude further responsibility of business for broader development

Convergence in global frameworks and standards

UN Framework & GPs

What the UN is doing: Promoting the Guiding Principles

1. Raising awareness - advocacy2. Supporting human rights

mechanisms3. Supporting capacity building

1. States and business – implementation

2. Civil society – monitoring and advocacy

4. Guidance on interpretation of the Guiding Principles

5. Accountability and Remedy Project

Recent developments 1.

• Human Rights Council consensus resolution reaffirming endorsement of the Guiding Principles

• Extension of the Working Group mandate for 3 years• More focus on access to remedy:

Working Group consultationsAnnual Forum OHCHR multi-stakeholder process to improve

accountability and access to remedy

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Recent developments 2.

• Human Rights Council resolution to elaborate legally binding instrument to regulate TNCs

• Majority vote • Focused on TNCs• Building on the UN Guiding Principles• Open-ended process (no time limit)• First session in mid-2015• One week annual meeting

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