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UN “Protect, Respect and Remedy”
Framework and Guiding Principles
1. State duty to protect against
human rights abuses by third parties,
including business, through appropriate
policies, regulation, and adjudication
2. Corporate responsibility to
respect human rights, which means to
act with due diligence to avoid
infringing on the rights of others
3. Access by victims to effective
remedies, judicial and non-judicial
Business & Human Rights: Background
2005 - 2008:
2008 - 2011:
2011-2014: UN WG /
What the Guiding Principles do not
• Affected Community Consent for project
• No reference to ILO169
• Empowerment of affected Rights Holders
(Employees, Communities and others) for
decision making – Human rights impacts.
• Power Imbalances between Business and
Rights Holders – Company Lead.
Questions for Reflection
• Would following Due Diligence from UN
Guiding Principles lead to Acceptance from
Los Huaves and Zapotecas?
– Is consulting with the affected communities
–Who gets to decide how well Human rights
are being respected?