The area of law is not well understood and, in the absence of specific legislation or regulation outlining permissible and impermissible conduct, corporations have limited guidance as to their obligations. NHRIs are well placed to explain, and to assist corporations to comply with their human rights obligations by: • Utilising existing NHRI tools such as the human rights compliance assessment tools developed by the Danish Institute of Human Rights. • Developing information and fact sheets for various industries. An initiative undertaken by the Australian Human Rights and Equal Opportunity Commission provides an example of one such activity that could be undertaken nationally or regionally. Such documentation should incorporate relevant rights from UDHR, and the 8 core treaties (including Convention on Rights of Persons with Disabilities) 23; • Promoting an awareness of the need for company or industry level due diligence processes and grievance mechanisms. • • Advocating for human rights compliance to be included in corporate business plans. Promoting awareness of, and encouraging businesses to sign up to various industry and sector initiatives. • Developing industry specific training for TNC highlighting, in particular, sectoral risks Complaint Handling NHRIs with complaint handling functions should consider: • Promoting within the community and the business sector an awareness of their respective roles in monitoring and receiving complaints of human rights violations by TNCs, as well as other remedies; • Utilising their complaints mechanisms, and the outcomes of complaints and inquiries, to monitor the ongoing conduct of TNCs. NHRIs without relevant complaint handling functions should consider: • • Their potential role as a point of recourse for complainants, particularly with regard to information about remedies. Whether to advocate to government the extension of their mandate to include the capacity to hear complaints in relation to human rights violations by TNCs Other Recommendations Within the APF, NHRIs should consider: • • Where they have not already done so, responding to the OHCHR survey, Business and Human Rights: A Survey of NHRI Practices. Co-operating in the development of a database on the regulatory framework and remedies available in their respective jurisdictions. • (via the APF and/or ICC) advocating at the international level for the creation of a legally binding international human rights instrument which clearly identifies the obligation of corporations and other business enterprises in respect of human rights. • • Supporting the establishment of an ICC working group on business and human rights. Cooperating in the development of a monitoring and assessment tools for APF members. Indicators might include common human rights breaches as well as additional problem areas such as corruption and pollution etc. • Developing agreements to exchange information and alert NHRIs about human rights breaches involving their nationals. By way of example, the NHRIs of the Philippines and the For examples of the information developed by the Australian Human Rights Commission, see Part 3 – Documentation, or visit their website at: www.humanrights.gov.au 23 - 18 -