organizations are and should be viewed as essential partners for sustainable development.
With that in mind, CSOs then have the space to forge partnerships between the government,
the business sector, and communities for joint actions toward common development goals.
CSOs can utilize the UNGP-BHR as a framework in developing
their business and human rights agenda and advocacy
campaign work to guide them in their engagement and
partnerships with relevant stakeholders. It provides CSOs with
information on the baseline expectations for the protection
and respect of human rights in the business setting, which they
can refer to when documenting, monitoring, and reporting
business human rights impacts. Additionally, a better-framed
engagement can aid critical reflection and decision-making of
the stakeholders and help maintain an objective perspective,
especially in documenting positive business impacts that are
often overshadowed by the sheer number of reported adverse
effects of businesses on human rights and communities.
Initiative Spotlight
Business and Human Rights
National Action Plan Civil
Society Platform (Japan)
CSO Technical Working
Group
for
NAP-BHR
(Philippines), spearheaded by
the CHR, PAHRA, the National
Economic and Development
Authority, and the National
Anti-Poverty Commission
3.4. Communities
Business and economic development should not have to come at the expense of the rights of
individuals and communities. However, there are instances wherein negotiation processes
between companies and communities are made to be vague and may sometimes involve
deliberate deception. It is crucial that communities know their rights and become aware of
what businesses are allowed and not allowed to do.
With the assistance of CSOs, peoples’ organizations, and other stakeholders and guided by
the UNGP-BHR and other related laws, communities affected by businesses will be educated
on what they need to look out for during negotiations, how to assess business and investment
propositions, and how they may prevent risks, abuses, and violations while maximizing the
benefits of projects for the sustainable development of the community and the people.
Moreover, with Pillar 3, making judicial and non-judicial remediation mechanisms for abuses
and violations available and accessible is crucial. It will reduce the barriers to access to justice,
e.g., the costs of filing a lawsuit and the lack of legal representation, of communities and
vulnerable groups like the women and the indigenous people.
4. HOW DO WE DO IT?
4.1. Establish inclusive human rights governance
Enabling policy environment and guidelines for business respect for human rights
In fulfilling the State duty to protect human rights, the UNGP-BHR lays down that States must
create an enabling environment that will guarantee and encourage business respect for
human rights. Through the regulatory and policy functions, the government must revisit
existing related laws and implement coherent and effective policies, regulations, legislation,
and adjudication, and set clear guidelines to businesses on respecting human rights and
communicating their actions to address their human rights impacts.54
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