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minorities, children, persons with disabilities, and migrant workers and
their families.
National human rights institutions that comply with the Paris Principles have
an important role to play in helping States identify whether relevant laws
are aligned with their human rights obligations and are being effectively
enforced, and in providing guidance on human rights also to business
enterprises and other non-State actors.
Communication by business enterprises on how they address their human
rights impacts can range from informal engagement with affected stakeholders
to formal public reporting. State encouragement of, or where appropriate
requirements for, such communication are important in fostering respect for
human rights by business enterprises. Incentives to communicate adequate
information could include provisions to give weight to such self-reporting
in the event of any judicial or administrative proceeding. A requirement to
communicate can be particularly appropriate where the nature of business
operations or operating contexts pose a significant risk to human rights.
Policies or laws in this area can usefully clarify what and how businesses
should communicate, helping to ensure both the accessibility and accuracy
of communications.
Any stipulation of what would constitute adequate communication should
take into account risks that it may pose to the safety and security of individuals
and facilities; legitimate requirements of commercial confidentiality; and
variations in companies’ size and structures.
Financial reporting requirements should clarify that human rights impacts
in some instances may be “material” or “significant” to the economic
performance of the business enterprise.
The State-business nexus
4. States should take additional steps to protect against human rights
abuses by business enterprises that are owned or controlled by the
State, or that receive substantial support and services from State
agencies such as export credit agencies and official investment
insurance or guarantee agencies, including, where appropriate, by
requiring human rights due diligence.