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For those who may have missed this, οn 8 May 2024, National Human Rights Institutions (NHRIs) from all regions gathered in Geneva for the Annual Conference of the Global Alliance of National Human Rights Institutions (GANHRI), on the role and experiences of NHRIs in addressing Business and Human Rights (BHR), at which they adopted the GANHRI Statement (8 May 2024): Business and Human Rights: The Role and Experiences of NHRI's. The text of the 2024 GANHRI Statement follows below.
National Human Rights Institutions (NHRIs) have been recognized at the international level as actors for the promotion and protection of human rights since 1946. Throughout the next three decades the United Nations and some of its affiliated organizations prepared a series of reports on the feasibility of national institutions as instruments for protection and promotion of human rights. These reports culminated in the UN International Workshop on National Institutions for the Promotion and Protection of Human Rights, held in Paris in 1991. The workshop led to the drafting of guiding principles – popularly known as the “Paris Principles” [Principles relating to the Status of National Institutions (The Paris Principles)] – that were adopted by the United Nations General Assembly in 1993.
When NHRIs met in Tunis for their second international workshop, they decided to establish the Global Alliance of National Human Rights Institutions (GANHRI), previously known as the International Coordinating Committee of institutions for the promotion and protection of human rights (ICC). Since then, the UN General Assembly has adopted numerous resolutions calling for the strengthening of NHRIs. (GANHRI, 'Who We').
The 2024 GANHRI Statement continues the traditional policy trajectories of the organization: (1) urging States to adopt and transpose key human rights instruments; 82) furthering the project of legalizing the corporate responsibility to respect human rights through public law and policy based compliance measures; (3) extending the breadth of human rights to include sustainability issues (¶¶18-22); (4) adding their voices to an elite consensus that the UNGP's "smart mix of measures" means public law driven compliance administered through States (¶¶28-29; 31) and driven by international institutions and their secretariats (including NHRI, ¶¶ 12-14); (5) developing and firming the consensus that human rights due diligence now occupies the central core of the structures of corporate responsibility (see esp. ¶ 11); and (6) engaging more thoroughly in the debates about the human rights impacts of big data tech (¶¶ 23-27).
The English language text of the 2024 GANHRI Statement and the Paris Principles follows.
GANHRI STATEMENT
Adopted at the GANHRI Annual Conference
Business and Human Rights: the role and experiences of NHRIs
8 May 2024
1. On 8 May 2024, National Human Rights Institutions (NHRIs) from all regions gathered in Geneva
for the Annual Conference of the Global Alliance of National Human Rights Institutions (GANHRI),
on the role and experiences of NHRIs in addressing Business and Human Rights (BHR), held in the
context of GANHRI’s 2024 Annual Meeting.
2. Against the backdrop of today’s time of conflict, climate crisis, rapidly evolving technologies,
and persistent inequalities, we discussed challenges, shared experiences, and reflected on the
role business and the state to help advance human rights in a period of such uncertainty, and
discussed the role and contributions of NHRIs.
3. In line with the Edinburgh Declaration from the 10th International Conference on Business and
Human Rights in October 2010, we reiterate our commitment to applying our unique Paris
Principles mandates and functions, to promoting and protecting human rights of all in the context
of business activities, thereby supporting implementation of the United Nations Guiding Principles
on Business and Human Rights (UNGPs), “Protect, Respect, Remedy” framework.1 This commitment
involves ongoing engagement with states, businesses, communities, rights-holders, and victims,
and various bodies and partners, at national, regional, and international levels, and working
collectively with peer NHRIs through GANHRI and NHRI regional networks.
4. We recall the UN General Assembly's resolution 78/204 adopted in December 2023 which
emphasises the importance of, and calls on, all States to establish and strengthen, effective,
independent, and pluralistic NHRIs, recognising their role in collaborating with governments to
ensure full respect for human rights at the national level. This is a testament to the NHRIs' authority
and a call to action for NHRIs to address the multifaceted challenges posed by business activities
and operations on human rights.
5. We call on all States to ratify and implement international human rights treaties, and implement
frameworks including the UN Guiding Principles on Business and Human Rights (UNGP), the 2030
Agenda for Sustainable Development and the ILO Tripartite Declaration of Principles concerning
Multinational Enterprises and Social Policy, and support the implementation of the OECD
Guidelines for Multinational Enterprises on Responsible Business Conduct, whilst ensuring the
effective and meaningful participation of relevant stakeholders, including NHRIs, civil society
and human rights defenders, at all stages of the process.
6. Building on our diverse experiences and the foundation established by the Edinburgh
Declaration, we reaffirm our commitment to apply our Paris Principles mandates and functions
1 The United Nations Guiding Principles on Business and Human Rights (UNGPs), “Protect, Respect, Remedy” framework1, endorsed by the United Nations Human Rights Council (UNHRC) in its Resolution 17/4 of June 2011.
to actively promote and protect human rights in business practices including through the following
interventions:
Promotion
7. We will continue to advise the state on legislation, policies, and measures which articulate the
role of businesses to respect human rights, to ensure they are aligned with international human
rights standards and grounded in human rights due diligence.
8. We will support the development of national action plans on business and human rights (NAP)
through a participatory and inclusive process involving all stakeholders, to ensure that NAPs
respond to the key Business and Human Rights challenges in the State.
9. We will promote awareness and implementation of the UNGPs across rights-holders and duty-
bearers at national level, including through baseline assessments.
10. We will engage with communities, rights holders and human rights defenders to promote
awareness and claiming of their rights and support their effective and meaningful engagement
at all stages of decision-making processes as well as in seeking remedy for violations.
11. We will engage with businesses and encourage the alignment of business policies and practices
with human rights standards through human rights due diligence.
Monitoring and Reporting
12. We will monitor and report on the impact of business activities on human rights at national,
regional and international levels, including by conducting investigations and public hearings, with
special attention to victims, and groups in focus such as indigenous peoples, women, children,
human rights defenders, as well as to the environment.
13. We commit to adopting a human rights and gender sensitive approach to address the multiple
discriminations that can affect the rights of persons as a result of business activities, especially
women, older people, persons with disabilities, indigenous peoples, and people living in poverty.
14. We will monitor and advise on the effectiveness of State measures to ensure businesses respect
human rights and business measures to implement human rights due diligence measures in their
activities and value chains, and periodically report to international and national bodies on the
state of business and human rights in their jurisdictions.
Complaints Handling
15. We will continue to build our complaints mechanisms to better address how business activities
impact human rights, supporting affected individuals and communities in seeking justice.
16. We will participate in proceedings including strategic litigation holding businesses accountable
for human rights abuses and violations.
17. We will inform and advise rights-holders on different remedy mechanisms that victims and
affected stakeholders can access for business related human rights abuses and violations.
During the Conference, discussions centred specifically on current and emerging key areas where the
contributions of NHRIs can make a significant impact to ensure the promotion and protection of human
rights in the context of business activities:
Environment and Climate Change
18. Climate change is one of the most urgent threats to humanity and to the full enjoyment of all
human rights. Its impacts disproportionally affect persons, groups and peoples already living in
vulnerable situations. We recall our the commitments made in our Annual Conference Statement
of December 2020, to contribute to a human-rights based action on climate change, in order to
support communities and preserve the environment. We welcome the UN General Assembly’s
recent recognition of the vital contributions of NHRIs in addressing the human rights impact of
climate change in resolution 78/204.
19. We recognize the crucial role that business can play to prevent, mitigate and adapt to climate
change and its adverse impacts on the people and the planet, and contribute to environmental
sustainability. However, we are deeply concerned about increasing business practices which
negatively impact the climate and the environment and the rights of affected communities,
including the right to a clean, healthy and sustainable environment.
20. We will promote sound policy measures related to climate change and the environment which
explicitly articulate the role of business and their responsibility to respect human rights.
21. We will monitor and report on the environmental and human rights impacts of business activities,
ensuring compliance with national and international standards.
22. We will ensure that the just transition includes a focus on rights-holders. Online civic space and digital technologies
23. We acknowledge that digital technologies influence several aspects of human life and may pose
risks to and impacts on human rights, democracy, and the rule of law. We are particularly
concerned about the increasing and various forms of intimidation faced by human rights
defenders, which can be exacerbated by the activities of technology companies, including
through the use of surveillance. As NHRIs, we recall our significant role in protecting civic space
online and offline, as highlighted in the Marrakech Declaration of October 2018
24. We will increase our efforts to monitor and report on the state of online civic space at the
national, regional and international levels, including on the human rights impacts of digital
technologies, with a special attention to the situation of human rights defenders.
25. We commit to engaging with states, businesses, trade unions, and civil society to promote policies,
laws, and practices on the use of technology and digitalization in the context of business
activities, ensuring the protection and respect for human rights throughout development and
implementation.
26. We will receive and handle complaints from victims of human rights abuses related to the use
of technology, including on the rights and freedoms of human rights defenders.
27. We will collaborate across jurisdictions through peer-learning exchanges, and collective action
to support a responsible and human rights respectful use, development and application of
technology.
Smart Mix of Policy and Regulatory Measures2
28. We recognize that ensuring business respect for human rights and the environment calls for a
holistic and comprehensive approach to business and human rights frameworks, which include
voluntary and mandatory measures. To this end, we commit to influencing the development of a
balanced mix of voluntary and mandatory measures that ensure businesses respect human rights.
This includes promoting mandatory human rights due diligence and sustainability reporting
legislation at the domestic level and further development of legally binding instruments at the
regional and international levels.
29. We will promote a human rights-based approach to smart mix measures and a broad
contribution of views, including by facilitating dialogues and partnerships between governments,
businesses, and civil society to foster a holistic approach to human rights in business.
Cooperation
2 The concept of “smart mix”, coined by the UNGPs, refers to a system of regulation and policy that combines a mix of mandatory and voluntary measures at the national, regional, and international level, which jointly foster business respect for human rights. This includes measures which expressly target the human rights impacts of business through regulation such as mandatory human rights due diligence measures and sustainability reporting requirements on human rights specifically, as well as voluntary initiatives such as government guidance, or encouraging other forms of regulation and policymaking of human rights impacts through industry association or multistakeholder initiatives.
30. We will continue to work closely with other NHRIs and will engage through GANHRI and the
regional networks, as a platform for knowledge sharing and collaboration on this matter. As the
global voice of NHRIs, we will act through GANHRI to strengthen international normative
measures on business and human rights, including to implement the UNGPs.
31. We commit to enhancing information-sharing among NHRIs. This includes information to support
the development of mandatory laws – including but not limited to human rights due diligence –
to address complaints with transnational human rights dimensions and to facilitate access to
effective remedies for victims of business-related human rights abuses, emphasizing
transboundary impacts, extraterritorial jurisdiction, and overcoming barriers to accessing
remedy mechanisms.
32. We will cooperate with other relevant actors and judicial and non-judicial remedy mechanisms,
including OECD National Contact Points.
37. We call on all our partners, including the Office of the United Nations High Commissioner for
Human Rights, the United Nations Development Programme, and the European Union, to support
GANHRI, the regional networks, and NHRIs across different countries in implementing this
Statement, and helping in creating strong NHRIs and strong communities. Furthermore, we
encourage our partners to continue their efforts in building capacities of NHRIs which can enable
them to function independently and to their full capacity.
Adopted on 8 May 2024
* * *
Principles relating to the Status of National Institutions (The Paris Principles)
ADOPTED
20 December 1993
BY
General Assembly resolution 48/134
Competence and responsibilities
1. A national institution shall be vested with competence to promote and protect human rights.
2. A national institution shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence.
3. A national institution shall, inter alia, have the following responsibilities:
(a) To submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights; the national institution may decide to publicize them; these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas:
(b) To promote and ensure the harmonization of national legislation, regulations and practices with the international human rights instruments to which the State is a party, and their effective implementation;
(c) To encourage ratification of the above-mentioned instruments or accession to those instruments, and to ensure their implementation;
(d) To contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence;
(e) To cooperate with the United Nations and any other orgnization in the United Nations system, the regional institutions and the national institutions of other countries that are competent in the areas of the protection and promotion of human rights;
(f) To assist in the formulation of programmes for the teaching of, and research into, human rights and to take part in their execution in schools, universities and professional circles;
(g) To publicize human rights and efforts to combat all forms of discrimination, in particular racial discrimination, by increasing public awareness, especially through information and education and by making use of all press organs.
Composition and guarantees of independence and pluralism
1. The composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the protection and promotion of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of:
(a) Non-governmental organizations responsible for human rights and efforts to combat racial discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists;
(b) Trends in philosophical or religious thought;
(c) Universities and qualified experts;
(d) Parliament;
(e) Government departments (if these are included, their representatives should participate in the deliberations only in an advisory capacity).
2. The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the Government and not be subject to financial control which might affect its independence.
3. In order to ensure a stable mandate for the members of the national institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. This mandate may be renewable, provided that the pluralism of the institution's membership is ensured.
Methods of operation
Within the framework of its operation, the national institution shall:
(a) Freely consider any questions falling within its competence, whether they are submitted by the Government or taken up by it without referral to a higher authority, on the proposal of its members or of any petitioner,
(b) Hear any person and obtain any information and any documents necessary for assessing situations falling within its competence;
(c) Address public opinion directly or through any press organ, particularly in order to publicize its opinions and recommendations;
(d) Meet on a regular basis and whenever necessary in the presence of all its members after they have been duly concerned;
(e) Establish working groups from among its members as necessary, and set up local or regional sections to assist it in discharging its functions;
(f) Maintain consultation with the other bodies, whether jurisdictional or otherwise, responsible for the promotion and protection of human rights (in particular, ombudsmen, mediators and similar institutions);
(g) In view of the fundamental role played by the non-governmental organizations in expanding the work of the national institutions, develop relations with the non-governmental organizations devoted to promoting and protecting human rights, to economic and social development, to combating racism, to protecting particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas.
Additional principles concerning the status of commissions with quasi-jurisdictional competence
A national institution may be authorized to hear and consider complaints and petitions concerning individual situations. Cases may be brought before it by individuals, their representatives, third parties, non-governmental organizations, associations of trade unions or any other representative organizations. In such circumstances, and without prejudice to the principles stated above concerning the other powers of the commissions, the functions entrusted to them may be based on the following principles:
(a) Seeking an amicable settlement through conciliation or, within the limits prescribed by the law, through binding decisions or, where necessary, on the basis of confidentiality;
(b) Informing the party who filed the petition of his rights, in particular the remedies available to him, and promoting his access to them;
(c) Hearing any complaints or petitions or transmitting them to any other competent authority within the limits prescribed by the law;
(d) Making recommendations to the competent authorities, especially by proposing amendments or reforms of the laws, regulations and administrative practices, especially if they have created the difficulties encountered by the persons filing the petitions in order to assert their rights.
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