sanctioned violence meted out against the Rohingya by the Tatmadaw.25 These operations built on other violent attacks against the Rohingya, including in 2016, when at least 1,500 Rohingya homes were destroyed and more than 69,000 Rohingya were displaced into Bangladesh.26 The Complainants allege that Facebook’s actions and omissions in the lead up to the 2017 clearance operations contravenes Facebook’s responsibilities under the OECD Guidelines in four key respects. 2.2.1. Failure to carry out due diligence Chapter II General Policy (A)(10): Enterprises should carry out risk-based due diligence, for example by incorporating it into their enterprise risk management systems, to identify, prevent and mitigate actual and potential adverse impacts [...], and account for how these impacts are addressed. The nature and extent of due diligence depend on the circumstances of a particular situation. Chapter IV Human Rights (5): Enterprises 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. The Commentary on the Guidelines states: “For the purposes of the Guidelines, due diligence is understood as the process through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts as an integral part of business decision-making and risk management systems.”27 Actual impacts are impacts that have already occurred. Potential impacts are human rights impacts and adverse effects that might happen in the future. Companies are expected to address their actual adverse impacts through remediation and their potential adverse impacts through prevention or mitigation.28 Due diligence is risk-based, meaning the measures that a company takes to address potential and actual adverse impacts should be commensurate to the severity and likelihood of the adverse impact to the rights holders.29 25 See 1982 Law which stripped the vast majority of Rohingya of their citizenship, Burma Citizenship Law 1982, arts 1-8, viewed 12 May 2021, <https://www.refworld.org/docid/3ae6b4f71b.html>; ‘III. Discrimination in Arakan’, Human Rights Watch, <https://www.hrw.org/reports/2000/burma/burm00502.htm#:~:text=Provisions%20in%20the%201982%20law,three%20types%20of%20Burmese%20citizenship.> [accessed 12 May 2021]; Andrew Selth, ‘The Rohingya crisis and Myanmar’s military responses’, Lowy Institute, 24 November 2017, <https://www.lowyinstitute.org/the-interpreter/rohingyas-and-politico-militarystrategies>. [accessed 15 May 2021], Rohingya were subjected to violent attacks in 1978, 1991-1992, and again in 2016, see Rohingya refugee crisis’, United Nations Office for the Coordination of Humanitarian Affairs, <https://www.unocha.org/rohingya-refugee-crisis>. [accessed 15 May 2021] 26 Human Rights Watch, ‘Burma: Security forces raped Rohingya women, girls’, 6 February 2017, <https://www.hrw.org/news/2017/02/06/burma-security-forces-raped-rohingya-women-girls>. [accessed 28 May 2021]; Andrew Selth, ‘Myanmar’s armed forces and the Rohingya crisis’, 17 August 2018, <https://www.usip.org/publications/2018/08/myanmars-armed-forces-and-rohingya-crisis>. [accessed 15 May 2021]. 27 OECD Guidelines, Commentary on Chapter II General Policies at para 14. 28 Ibid. 29 OECD Due Diligence Guidelines for Responsible Business Conduct, p 17. 8