other international human rights instruments, including the Declaration on the Rights of Indigenous Peoples and the Guiding Principles on Business and Human Rights. The non-government organisations have approached the NHRI in Country A for assistance. It is considering what, if any, action it can take. It decides to proceed in cooperation with the NHRI of Country B. Subject to the law under which the NHRI of Country A is established and operates, the NHRI could take action in relation both to individuals involved in the operations and to the overall situation. In relation to individuals, Country A’s NHRI could • Undertake an investigation of the activities of Country A’s representatives in Country B to determine whether they have engaged in activities that directly or indirectly involve violations of international human rights obligations or contribute to such violations and, if they do, then use the NHRI’s powers under its law to respond to these violations by Country A’s officials • Undertake an investigation of the activities of the mining company and its officials to determine whether they have engaged in activities that directly or indirectly involve violations of international human rights obligations or contribute to such violations and, if they do, then use the NHRI’s powers under its law to respond to these violations by the company and its officials • Consider whether Country A’s representatives and the mining company and its officials may have committed any crime under Country A’s criminal law and, if so, refer those individuals and the company to police and prosecutors for formal investigation, arrest and prosecution for those crimes • Refer the situation, together with any evidence it has collected, to the corporate regulator in Country A with a recommendation that the regulator investigate the activities of the company • Take action against the company to compel it to act to prevent any collapse of the slag heap. In relation to the overall situation, subject to the law under which the NHRI of Country A is established and operates, Country A’s NHRI could • Undertake an inquiry into the situation, examining in particular whether any human rights violations have occurred in relation to the mining operation and, if so, whether Country A or any representatives of Country A or the mining corporation or its officials and employees have in any way contributed to those human rights violations • Recommend to the government and parliament of Country A any action that should be taken to ensure Country A’s compliance with its obligations under international law in relation to Country B, including action to prevent any collapse of the slag heap and possibly to end the mining operation • Recommend to the parliament of Country A legislation to regulate more effectively international mining operations and other business dealings between companies incorporated in Country A and foreign countries and entities to ensure better protection and promotion of human rights and related international human rights obligations • Offer support to Country B’s NHRI in its efforts to promote and protect human rights in the situation more effectively • Join other NHRIs in their global and regional associations to bring the situation in Country B to the attention of the UN and other international forums, including recommending action that should be taken by the UN or other multilateral bodies and by individual States to deal with the human rights violations identified in this mining operation and to prevent any similar experience elsewhere • Make media statements, either individually or with other NHRIs in their global and regional associations, about the situation and the obligations under international law arising from it. National action on international issues 45

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