BSR, an US-based organization with a focus on sustainability, has recently published a report that illustrates the questions companies should ask themselves to assess whether they should provide remedy for an adverse human rights impact under the United Nations Guiding Principles (UNGPs).
The paper draws upon a recent case decided by the OECD National Contact Point of Australia, Equitable Cambodia & Inclusive Development International v. ANZ Group & ANZ Royal.
The questions companies should base their decision on are:
- Did the company’s actions on their own cause human rights harm?
- Did the company facilitate, enable, or incentivize other parties to cause harm?
- Could the company have known about or foreseen the potential harm?
- How specific was the connection between the company’s operations and the harm?
- Did the company take steps that likely could have prevented the harm from occurring?
- Did the company directly benefit from the negative impact?
- Do stakeholders and rightsholders believe that the company caused, contributed to, or was directly linked to the harm, or that the company should otherwise provide or contribute to remedy?
Click here to read the full report.