Conflict and Human Rights: A Growing Concern for Businesses

As companies operate globally, they often find themselves in situations where their activities can have adverse impacts on human rights and conflict. The United Nations Guiding Principles on Business and Human Rights (UNGPs) emphasize the importance of respecting human rights and avoiding contributing to conflicts.

Heightened Human Rights Due Diligence: A Must for Businesses

The report emphasizes that heightened human rights due diligence is necessary in situations ranging from traditional forms of armed conflict to other situations of widespread violence. This includes contexts where there is a resort to armed force between states or protracted armed violence between governmental authorities and organized armed groups.

Conventional Armed Conflicts vs. Unconventional Non-State Actors

The report notes that there is no universally agreed definition of an ‘armed conflict’ under international humanitarian law. However, it distinguishes between international armed conflicts and non-international armed conflicts.

• International armed conflicts: These involve states or their forces.
• Non-international armed conflicts: These involve organized armed groups, such as rebel movements or terrorist organizations.

A Simple Rule of Thumb for Businesses

If in doubt, carry out heightened human rights due diligence. This requires companies to consider a situation’s potential impact on human rights and take steps to mitigate any adverse effects.

Key Takeaways

• Heightened human rights due diligence is required in conflict-affected situations.
• Businesses must proactively identify, prevent, mitigate, and address adverse human rights impacts.
• The definition of an ‘armed conflict’ is not universally agreed upon, but it can be distinguished between international armed conflicts and non-international armed conflicts.
• A simple rule of thumb for businesses is: if in doubt, carry out heightened human rights due diligence.

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Public unrest can be a red flag for carrying out heightened human rights due diligence.