2018 United Nations Forum on Business and Human Rights

Brief description of the session:
Human rights due diligence is an ongoing process that requires companies to maintain a “true picture” of its human rights risks over time. In particular, commentary to UN GP 18 notes that human rights impact assessments should be undertaken at regular intervals and specifically prior to “major decisions or changes in the operation”. While not explicitly mentioned in the commentary, one of the major decision a business can take is that of leaving a market and reducing or winding up operations. While this decision can be taken for purely commercial reasons, it can also be conditioned by changing political, economic or physical circumstances such as the eruption or intensification of war, the occurrence of natural disasters, the instatement of economic sanctions or even health crises. These events might impact the capacity of the company to identify, avoid and manage human rights risks and present renewed challenges for the company to fulfil its responsibility to respect human rights. How can companies wind down or exit operations responsibly under such circumstances?

Session objectives:
While the business and human rights debate has been focused on key corporate decisions such as market entry, new investments or the launching of new products or services, less attention has been given to questions of sales and market exit – especially in circumstances of urgent exit. The purpose of the snapshot session will be to raise awareness of this issue and spur interest in exploring the implications of the UNGPs.

Interpretation is provided into English , French and Spanish

This Forum session led by the UN Working Group on Business and Human Rights will address new ways to strengthen corporate respect for human rights in conflict and post-conflict contexts. It is part of the consultation process for a Working Group project that will lead to recommendations to governments and business enterprises in a report to the UN Human Rights Council in 2020.

The project will address implementation of the UN Guiding Principles on Business and Human Rights in all stages of conflict, from prevention to post-conflict, including transitional justice. It will cover all three pillars of the Guiding Principles:
- the State duty to protect against business-related human rights abuse
- the corporate responsibility to respect human rights
- the need for access to remedy for victims of business-related human rights abuse