limited, including through collaboration if appropriate.
Principles 17 to 20 of the UN Guiding Principles describe the human rights due diligence responsibilities of
corporate actors. Principle 17 states that “the process should include assessing actual and potential human
rights impacts, integrating and acting upon the findings, tracking responses, and communicating how
impacts are addressed”, and the process “should cover adverse human rights impacts that the business
enterprise may cause or contribute to through its own activities, or which may be directly linked to its
operations, products or services by its business relationships”. Due diligence practices “[w]ill vary in
complexity with the size of the business enterprise, the risk of severe human rights impacts, and the nature
and context of its operations” and they should be “ongoing, recognizing that the human rights risks may
change over time as the business enterprise’s operations and operating context evolve”.60
Principle 18 states that “business enterprises should identify and assess any actual or potential adverse
human rights impacts with which they may be involved” including by drawing on “internal and/or
independent external human rights expertise” and conducting “meaningful consultation with potentially
affected groups and other relevant stakeholders, as appropriate to the size of the business enterprise and the
nature and context of the operation”.61
Transparency is a key component of human rights due diligence. As the UN Guiding Principles make clear,
companies “need to know and show that they respect human rights”62 and “showing involves
communication, providing a measure of transparency and accountability to individuals or groups who may
be impacted and to other relevant stakeholders.”63
The OECD Guidelines also state that companies should carry out “risk-based due diligence” and state that
due diligence processes should seek to “identify, prevent and mitigate actual and potential adverse
impacts”.64 The OECD Guidelines also state that “[e]nterprises should carry out human rights due diligence
as appropriate to their size, the nature and context of operations and the severity of the risks of adverse
human rights impacts.”65
Corporations are subject to higher than usual standards of due diligence in conflict-affected-settings. UN
Guiding Principle 23 notes that having operations in conflict-affected areas may increase the risk of being
complicit in gross human rights abuses committed by other actors (for example, security forces), which
necessitates extra care.66 The Guiding Principles imply that such measures should take the form of
“enhanced” or “heightened” human rights due diligence.67 A report published in 2020 by the UN Working
Group on Business and Human Rights provides additional guidance for businesses operating in conflictprone regions, and states that "heightened human rights due diligence" should incorporate conflict sensitivity
and atrocity-prevention approaches in order to account for the two-way interaction between the business
activities and the context, as well as broader stakeholder engagement that includes engagement with armed
non-state actors so as to mitigate the information gaps, polarization, and mistrust which usually exists among
groups and communities who are in conflict.68 Notably, the Working Group establishes in this report that,
when operating in conflict-affected and post-conflict areas, the business responsibility to remediate human
rights harm should also include engagement with transitional justice processes, such as: prosecution
initiatives, truth-seeking processes, reparations programmes, and institutional reform.69
The report also points to the responsibilities of technology companies, specifically, stating: "There is no
exceptionalism [for heightened human rights due diligence in conflict affected settings for the technology]
sector” and “the sector should adopt a genuine human rights approach, in which all rights are recognized as
equal, rather than the misguided understanding of human rights whereby the right to free speech, or the
60
UN Guiding Principles, Principle 17.
61
UN Guiding Principles, Principle 18.
62
UN Guiding Principles, Commentary to Principle 15.
63
UN Guiding Principles, Commentary to Principle 21.
64
OECD Guidelines for Multinational Enterprises, Chapter II ‘General Principles’. 2A, 10.
65
OECD Guidelines for Multinational Enterprises, Chapter IV ‘Human Rights’, 5.
66
UN Guiding Principles, Principle 23.
Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business
enterprises, John Ruggie, ‘Business and human rights in conflict-affected regions: challenges and options towards State responses’, 27 May
2011, A/ HRC/17/32, para. 16 (d).
67
Working Group on the issue of human rights and transnational corporations and other business enterprises, “Business, human rights and
conflict-affected regions: towards heightened action”, 21 July 2020, A/75/212.
68
Working Group on the issue of human rights and transnational corporations and other business enterprises, “Business, human rights and
conflict-affected regions: towards heightened action”, 21 July 2020, A/75/212.
69
THE SOCIAL ATROCITY
META AND THE RIGHT TO REMEDY FOR THE ROHINGYA
Amnesty International
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