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States should warn business enterprises of the heightened risk of being
involved with gross abuses of human rights in conflict-affected areas.
They should review whether their policies, legislation, regulations and
enforcement measures effectively address this heightened risk, including
through provisions for human rights due diligence by business. Where
they identify gaps, States should take appropriate steps to address them.
This may include exploring civil, administrative or criminal liability for
enterprises domiciled or operating in their territory and/or jurisdiction that
commit or contribute to gross human rights abuses. Moreover, States should
consider multilateral approaches to prevent and address such acts, as well
as support effective collective initiatives.
All these measures are in addition to States’ obligations under international
humanitarian law in situations of armed conflict, and under international
criminal law.
Ensuring policy coherence
8. States should ensure that governmental departments, agencies and
other State-based institutions that shape business practices are aware
of and observe the State’s human rights obligations when fulfilling
their respective mandates, including by providing them with relevant
information, training and support.
Commentary
There is no inevitable tension between States’ human rights obligations
and the laws and policies they put in place that shape business practices.
However, at times, States have to make difficult balancing decisions to
reconcile different societal needs. To achieve the appropriate balance,
States need to take a broad approach to managing the business and human
rights agenda, aimed at ensuring both vertical and horizontal domestic
policy coherence.
Vertical policy coherence entails States having the necessary policies,
laws and processes to implement their international human rights law
obligations. Horizontal policy coherence means supporting and equipping
departments and agencies, at both the national and subnational levels, that
shape business practices – including those responsible for corporate law
Select target paragraph3
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