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products or services by a business relationship, the responsibility to
respect human rights does not require that the enterprise itself provide for
remediation, though it may take a role in doing so.
Some situations, in particular where crimes are alleged, typically will
require cooperation with judicial mechanisms.
Further guidance on mechanisms through which remediation may be
sought, including where allegations of adverse human rights impacts are
contested, is included in chapter III on access to remedy.
Issues of context
23. In all contexts, business enterprises should:
(a)
Comply with all applicable laws and respect internationally
recognized human rights, wherever they operate;
(b) Seek ways to honour the principles of internationally recognized
human rights when faced with conflicting requirements;
(c) Treat the risk of causing or contributing to gross human rights
abuses as a legal compliance issue wherever they operate.
Commentary
Although particular country and local contexts may affect the human rights
risks of an enterprise’s activities and business relationships, all business
enterprises have the same responsibility to respect human rights wherever
they operate. Where the domestic context renders it impossible to meet this
responsibility fully, business enterprises are expected to respect the principles
of internationally recognized human rights to the greatest extent possible in
the circumstances, and to be able to demonstrate their efforts in this regard.
Some operating environments, such as conflict-affected areas, may increase
the risks of enterprises being complicit in gross human rights abuses
committed by other actors (security forces, for example). Business enterprises
should treat this risk as a legal compliance issue, given the expanding
web of potential corporate legal liability arising from extraterritorial civil
claims, and from the incorporation of the provisions of the Rome Statute of
the International Criminal Court in jurisdictions that provide for corporate
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