Implementation of Guiding Principles

Business and Human Rights: Implementation of Guiding Principles in 2013

United States views on international law [1] in relation to Business and Human Rights: Implementation of Guiding Principles: In 2013, the United States continued to promote implementation of the Guiding Principles on Business and Human Rights, which were endorsed by the Human Rights Council in 2011 in resolution 17/4. On May 1, 2013, the U.S. Department of State released “The U.S. Government Approach on Business and Human Rights,” available at (link resource) humanrights.gov/2013/05/01/u-s-government-approach-on-business-and-humanrights/. The statement of the U.S. delegation at a clustered interactive dialogue during the 23rd session of the HRC on May 30, 2013 highlights U.S. implementation actions. That statement is excerpted below and available at (link resource) geneva.usmission.gov/2013/05/31/human-rights-transnational-corporation/. For background on the Dodd-Frank Act, mentioned in the U.S. statement, see this world legal encyclopedia (in relation to issues that took place in the year 2012) at 410-12. See also Chapter 11.D.2.a. on the efforts by the United States to work with the government of Bangladesh to ameliorate working conditions in that country.

Some Aspects of Business and Human Rights: Implementation of Guiding Principles

The United States Government thanks the UN Working Group on the issue of human rights and transnational corporations and other business enterprises for its report. We support the work of the Working Group in promoting the dissemination and implementation of the UN Guiding Principles. We were pleased to participate in the State survey summarized in the Working Group's report and encourage other States to provide information to the Working Group on measures they have taken to implement the Guiding Principles. Such information could then be the basis for a fruitful exchange on best practices. One set of practices we would like to highlight is that of due diligence reporting in national laws and regulations, which can increase transparency. For example, Section 1502 of the Dodd Frank Wall Street Reform and Consumer Protection Act encourages responsible sourcing of certain “conflict minerals” from the African Great Lakes Region. In a similar vein, upon easing sanctions in Burma, we instituted a set of Reporting Requirements on Responsible Investment, calling on U.S. persons that invest more than an aggregate $500,000 in Burma to report annually on human rights policies and procedures, among other key areas for due diligence. Section 1502 and the Burma Reporting Requirements both encourage companies to uphold high standards in new and/or challenging investment climates. Increasing transparency leads to increased corporate accountability and can minimize adverse impact by businesses on human rights.

Developments

We also support the call for states to consult with external stakeholders, and for the financial sector to contribute to efforts and initiatives aimed at clarifying the operational implications of the Guiding Principles across different segments of the financial sector. Over the past year, the United States has held two workshops with investors to discuss strategies for investment firms to incorporate the UN Guiding Principles into their regular business practices, including the use of non-financial factors in decision-making. We have also hosted workshops focused on the Guiding Principles. These conversations are an important first step to human rights challenges in a complex global economy. We will continue to make consultations with external stakeholders a priority, in line with the Working Group's recommendation, and encourage other states to do the same. For more information on how business and human rights are integrated into U.S. foreign policy, we would refer you to a summary we have just issued, which can be found on humanrights.gov.

Resources

Notes

1. Business and Human Rights: Implementation of Guiding Principles in the Digest of United States Practice in International Law