The UN’s Guide to Heightened Human Rights Due Diligence: business and human rights in conflict-affected areas
The United Nations Guiding Principles on Business and Human Rights (UNGPs) have become an essential framework for companies aiming to respect and protect human rights. This is particularly crucial for businesses operating in conflict-affected or high-risk areas, where the risk of contributing to human rights abuses is significantly heightened.
To address these challenges, the United Nations Development Programme (UNDP) and the UN Working Group onBusiness and Human Rights released the Heightened Human Rights Due Diligence for Business in Conflict-Affected Contexts: A Guide in 2022. This guide provides actionable steps for companies to mitigate human rights risks and uphold ethical standards.
Why Should Companies Implement Heightened Due Diligence?
Although non-binding, the guide encourages companies to voluntarily assess the risks their operations pose to human rights in sensitive areas. Key reasons for implementing heightened due diligence include:
Compliance with Laws:
While the French Duty of Vigilance Law doesn’t explicitly address armed conflict, companies operating in such contexts must ensure their vigilance plans account for elevated risks.Reputation and Risk Management:
Operating in conflict zones exposes companies to legal, financial, and reputational risks. Proactively managing these risks protects a company’s long-term interests.Preparation for Future Regulations:
Adopting soft law instruments, like the guide, positions companies ahead of potential legislative developments, as seen with the OECD Due Diligence Guidance for Responsible Business Conduct, which inspired European regulations.Ethical Responsibility:
Companies have a moral obligation to prevent contributing to human rights violations and to safeguard the communities in which they operate.
When Is Heightened Due Diligence Necessary?
The guide outlines scenarios where heightened due diligence is critical, such as:
Armed Conflicts: Wars between States or between a State and non-state actors.
Widespread Violence: Situations of unrest that may escalate into conflict.
Post-Conflict Contexts: Regions recovering from war but still vulnerable to instability.
The guide also encourages companies to monitor early warning signs of conflict, such as:
Declarations of states of emergency.
Increased hate speech or propaganda.
Visible presence of paramilitary groups.
Population displacement.
Proactively identifying these signals allows businesses to adapt their risk management strategies before violence erupts.
The Four Steps of Heightened Due Diligence
The guide aligns with the UNGPs and proposes a four-step framework for implementing heightened due diligence:
1. Identification and Assessment
Assess the local context, conflict dynamics, and potential human rights impacts.
Key questions to address:
Are company activities linked to any human rights risks?
Could these activities increase the likelihood of harm?
Would these activities, alone, be sufficient to cause harm?
2. Implementing Measures
Tailor actions based on involvement:
Directly linked: Use influence to mitigate risks.
Contributing: Coordinate with stakeholders to stop contributing to harm.
Causing: Cease harmful activities and provide remedies.
3. Tracking Effectiveness
Monitor the success of mitigation measures using clear indicators.
Document decisions to ensure accountability.
4. Communicating
Share findings with stakeholders, shareholders, and affected communities in accessible formats. Address potential barriers like language or infrastructure.
Additional Recommendations for Success
To strengthen their due diligence processes, companies should:
Engage with local stakeholders and communities.
Implement grievance mechanisms to address concerns.
Build internal capacity to navigate complex conflict dynamics.
Beyond Compliance: The Broader Value of Heightened Due Diligence
For companies subject to the Duty of Vigilance Law, implementing heightened due diligence not only ensures compliance but also demonstrates leadership in addressing human rights risks. Beyond legal obligations, this approach enhances reputation, strengthens stakeholder trust, and mitigates financial risks.
However, it’s essential to remember the guide’s primary focus: protecting human rights. While heightened due diligence is a critical tool, it should be part of a broader strategy that addresses the full spectrum of risks in conflict-sensitive areas.
Conclusion: A Roadmap for Ethical Operations in Conflict Zones
Referring to the Heightened Human Rights Due Diligence for Business in Conflict-Affected Contexts: A Guide can be helpful for companies operating in sensitive contexts. By understanding the dynamics of conflict and their own potential impact, businesses can prevent harm, comply with emerging standards, and position themselves as ethical leaders in challenging environments.
For companies navigating the complexities of conflict-affected areas, this guide offers a valuable compass to ensure operations remain responsible and sustainable.