RES/35/7 Business and human rights: mandate of the Working Group on the issue of human rights and transnational corporations and other business enterprises

GE.17-11833(E)



Human Rights Council Thirty-fifth session

6–23 June 2017

Agenda item 3

Resolution adopted by the Human Rights Council on 22 June 2017

35/7. Business and human rights: mandate of the Working Group on

the issue of human rights and transnational corporations and

other business enterprises

The Human Rights Council,

Recalling Human Rights Council resolutions 8/7 of 18 June 2008, 17/4 of 6 July

2011, 21/5 of 27 September 2012, 26/22 of 27 June 2014 and 32/10 of 30 June 2016, and

Commission on Human Rights resolution 2005/69 of 20 April 2005, on the issue of human

rights and transnational corporations and other business enterprises,

Recalling in particular that the endorsement by consensus of the Guiding Principles

on Business and Human Rights by the Human Rights Council in its resolution 17/4

established an authoritative framework to prevent and address the adverse human rights

impact of business activities, based on the three pillars of the United Nations “Protect,

Respect and Remedy” framework,1

Recalling its resolutions 5/1 on institution-building of the Human Rights Council

and 5/2 on the Code of Conduct for Special Procedures Mandate Holders of the Council,

both of 18 June 2007, and stressing that the mandate holder shall discharge his or her duties

in accordance with those resolutions and the annexes thereto,

Stressing that the obligation and the primary responsibility to promote and protect

human rights and fundamental freedoms lie with the State,

Emphasizing that transnational corporations and other business enterprises have a

responsibility to respect human rights,

Recognizing the progress made and the continuing efforts to implement the Guiding

Principles by some States, business enterprises, international organizations and members of

civil society, and the role of the United Nations Global Compact in, inter alia, promoting

the Guiding Principles,

1 A/HRC/17/31, annex.

Recognizing also the valuable role played by civil society, including non-

governmental organizations, in promoting accountability for business-related human rights

abuses and in raising awareness of the human rights impact and risks of some business

enterprises and activities,

Noting the role that national action plans and other such frameworks on business and

human rights can play as tools for promoting the comprehensive and effective

implementation of the Guiding Principles,

Concerned at legal and practical barriers to remedies for business-related human

rights abuses, which may leave those aggrieved without opportunity for effective remedy,

including through judicial and non-judicial avenues, and recognizing that it may be further

considered how relevant legal frameworks can provide more effective avenues of remedy

for affected individuals and communities,

Recalling the role of the Working Group on the issue of human rights and

transnational corporations and other business enterprises in promoting the effective

implementation of the Guiding Principles and exploring options for enhancing access to

effective remedies,

Recognizing that the annual Forum on Business and Human Rights has become a

valuable opportunity to promote dialogue and cooperation on issues linked to lessons

learned on business and human rights, including challenges faced in particular sectors,

operational environments or in relation to specific rights or groups, as well as to identify

good practices,

Recognizing also the importance of building the capacity of Governments, business

enterprises, civil society and other stakeholders to better prevent business-related human

rights abuses, provide effective remedy and manage challenges in the area of business and

human rights, and that the United Nations system has an important role to play in this

regard,

Recalling the views and recommendations of the United Nations human rights treaty

bodies, including the general comments bearing on the issue of human rights and

transnational corporations and other business enterprises, such as general comment No. 16

(2013) of the Committee on the Rights of the Child,

Welcoming the adoption by the General Assembly, in its resolution 70/1 of 25

September 2015, of the 2030 Agenda for Sustainable Development”, and in this context, in

particular paragraph 67 thereof,

Taking note of the adoption by the Governing Body of the International Labour

Organization in March 2017 of the revised Tripartite Declaration of Principles concerning

Multinational Enterprises and Social Policy, which takes into account, inter alia, the

Guiding Principles,

1. Welcomes the work of the Working Group on the issue of human rights and

transnational corporations and other business enterprises in the fulfilment of its mandate,

and notes its role in regional forums and consultations to discuss challenges and lessons

learned from implementation of the Guiding Principles on Business and Human Rights with

States and other stakeholders in a regional context;

2. Recognizes that the effective implementation of the Guiding Principles

should cover a broad range of public policy areas and involve the participation of relevant

stakeholders, and encourages all States to take steps to implement the Guiding Principles,

including by developing a national action plan or other such framework;

3. Calls upon all business enterprises to meet their responsibility to respect

human rights in accordance with the Guiding Principles;

4. Takes note of the report of the Working Group on the challenges and

opportunities for small and medium-sized enterprises in the implementation of the Guiding

Principles2 and its study on cross-border cooperation between States with respect to law

enforcement on the issue of business and human rights,3 prepared pursuant to Human

Rights Council resolution 32/10;

5. Welcomes the efforts of the Working Group to collect and disseminate

information on ongoing processes to develop national action plans and other relevant data

on global progress in the implementation of the Guiding Principles, and in this regard

invites States and all relevant stakeholders to submit information to and engage with the

Working Group on their national action plans and other relevant initiatives and on the

implementation of such commitments;

6. Notes with appreciation the guidance prepared by the Working Group for the

development and implementation of effective national action plans or other such

frameworks, including with regard to access to both judicial and non-judicial remedy;

7. Encourages the Working Group to promote good practices and to identify

challenges in the implementation of the Guiding Principles;

8. Welcomes the role of the Working Group in guiding the three-day annual

Forums on Business and Human Rights;

9. Decides that the Working Group shall guide the work of the Forum and

prepare its annual meetings, and invites the Working Group to chair the Forum and to

submit a report on the proceedings and thematic recommendations of the Forum to the

Human Rights Council for its consideration;

10. Welcomes that the central theme of the 2017 Forum on Business and Human

Rights is “Realizing access to Remedy” as it can allow taking stock and identifying further

ways forward in the implementation of the third pillar of the Guiding Principles;

11. Decides to extend the mandate of the Working Group on the issue of human

rights and transnational corporations and other business enterprises, as set out by the

Human Rights Council in its resolution 17/4, for a period of three years;

12. Requests the Working Group, in accordance with its mandate, to give due

consideration to the implementation of the Guiding Principles in the context of the 2030

Agenda for Sustainable Development;

13. Encourages all States, relevant United Nations agencies, funds and

programmes, treaty bodies and civil society actors, including non-governmental

organizations, as well as public and private businesses to cooperate fully with the Working

Group in the fulfilment of its mandate by, inter alia, responding to communications

transmitted, as provided in paragraph 6 (b) of resolution 17/4, and, in the case of States, to

reply favourably to requests for visits by the Working Group;

14. Invites international and regional organizations to seek the views of the

Working Group when formulating or developing relevant policies and instruments, and

invites the Working Group to continue to collaborate closely with relevant United Nations

bodies, including the treaty bodies and the special procedures;

15. Emphasizes the importance of stakeholder dialogue and analysis to maintain

and build on the results achieved to date to prevent and address business-related human

2 A/HRC/35/32.

3 A/HRC/35/33.

rights abuses and to inform further deliberations of the Human Rights Council on business

and human rights;

16. Welcomes the efforts made by national human rights institutions to enhance

their capacity to support corporate responsibility, including through the implementation of

the Guiding Principles by all stakeholders;

17. Recalls the report of the Secretary-General on the challenges, strategies and

developments with regard to the implementation of resolution 21/5 by the United Nations

system, including programmes, funds and agencies,4 and the recommendations made

therein, underscoring the need to embed the business and human rights agenda and the

Guiding Principles throughout the United Nations system;

18. Requests the Secretary-General and the United Nations High Commissioner

for Human Rights to provide all the resources and assistance necessary for the Working

Group to fulfil its mandate effectively, including its role in guiding the work of the Forum

on Business and Human Rights;

19. Also requests the Secretary-General and the High Commissioner to provide

the Forum, in a transparent manner, with all the services and facilities necessary, bearing in

mind the growing participation in the Forum and paying particular attention to regional

balance and ensuring the participation of affected individuals and communities;

20. Decides to continue its consideration of this question in conformity with its

annual programme of work.

34th meeting

22 June 2017

[Adopted without a vote.]

4 A/HRC/26/20.