A/HRC/21/39
95.
In providing or receiving international assistance, States should ensure the effective
participation of recipient States and all affected stakeholders, including persons living in
poverty, and strengthen their capacity and ownership in the context of international
assistance.
96.
States must take deliberate, specific and targeted steps, individually and jointly, to
create an international enabling environment conducive to poverty reduction, including in
matters relating to bilateral and multilateral trade, investment, taxation, finance,
environmental protection and development cooperation. This includes cooperating to
mobilize the maximum of available resources for the universal fulfilment of human rights.
97.
Even when a member of an international organization, a State remains responsible
for its own conduct in relation to its human rights obligations within and outside its
territory. This includes identifying the possible human rights impact, including on persons
living in poverty, of measures agreed at the international level.
98.
A State that transfers competences to or participates in an international organization
must take all reasonable steps to ensure that the relevant organization acts in accordance
with the international human rights obligations of that State and in a manner conducive to
poverty reduction.
VII. Role of non-State actors, including business enterprises
99.
States have a duty, in accordance with their international obligations, to prevent and
protect against human rights abuse committed by non-State actors, including business
enterprises, which they are in a position to regulate. Where transnational corporations are
involved, all relevant States should cooperate to ensure that businesses respect human rights
abroad, including the human rights of persons and communities living in poverty. States
should take additional steps to protect against abuses of human rights by business
enterprises that are owned or controlled by the State, or that receive substantial support and
service from State agencies.
100. Non-State actors, including business enterprises, have, at the very minimum, the
responsibility to respect human rights, which means to avoid causing or contributing to
adverse human rights impacts through their activities, products or services, and to deal with
such impacts when they occur.
101. Businesses should adopt a clear policy commitment to respect human rights,
including those of persons living in poverty, and to undertake a human rights due diligence
process to identify and assess any actual or potential impacts on human rights posed by the
company’s own activities and by business partners associated with those activities. They
should prevent and mitigate the adverse effects of their actions on the rights of persons
living in poverty, including by establishing or participating in operational-level grievance
mechanisms for individuals or communities that face such impacts.
102. The obligation of States to protect against human rights infringements by third
parties requires taking steps to prevent, investigate, punish and redress any abuse through
effective policies, legislation, regulations and adjudication. States must ensure that those
affected by business-related abuses have access to a prompt, accessible and effective
remedy, including where necessary recourse to judicial redress and non-judicial
accountability and grievance mechanisms. This would include addressing any legal,
practical and procedural barriers to access to justice, including discrimination, which
prevent persons living in poverty from using and benefiting from these mechanisms owing
to cultural, social, physical or financial impediments.
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