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(b) Providing adequate assistance to business enterprises to assess
and address the heightened risks of abuses, paying special
attention to both gender-based and sexual violence;
(c)
Denying access to public support and services for a business
enterprise that is involved with gross human rights abuses and
refuses to cooperate in addressing the situation;
(d) Ensuring that their current policies, legislation, regulations and
enforcement measures are effective in addressing the risk of
business involvement in gross human rights abuses.
Commentary
Some of the worst human rights abuses involving business occur amid
conflict over the control of territory, resources or a Government itself –
where the human rights regime cannot be expected to function as intended.
Responsible businesses increasingly seek guidance from States about
how to avoid contributing to human rights harm in these difficult contexts.
Innovative and practical approaches are needed. In particular, it is important
to pay attention to the risk of sexual and gender-based violence, which is
especially prevalent during times of conflict.
It is important for all States to address issues early before situations on
the ground deteriorate. In conflict-affected areas, the “host” State may
be unable to protect human rights adequately due to a lack of effective
control. Where transnational corporations are involved, their “home” States
therefore have roles to play in assisting both those corporations and host
States to ensure that businesses are not involved with human rights abuse,
while neighboring States can provide important additional support.
To achieve greater policy coherence and assist business enterprises
adequately in such situations, home States should foster closer cooperation
among their development assistance agencies, foreign and trade ministries,
and export finance institutions in their capitals and within their embassies,
as well as between these agencies and host Government actors; develop
early-warning indicators to alert government agencies and business
enterprises to problems; and attach appropriate consequences to any
failure by enterprises to cooperate in these contexts, including by denying
or withdrawing existing public support or services, or where that is not
possible, denying their future provision.