Examples of reports and documents issued by the Special Procedures in relation to business and human rights
| Title | Name of current mandate holder | Practice of communication to governments | Country visits | References to non-state actors in the mandate | Complaint submission and contact | Relevant documents and links on non-state actors (reports, guidelines, principles) | Website |
|---|---|---|---|---|---|---|---|
| Special Rapporteur on adequate housing as a component of the right to an adequate standard of living | Mr. Balakrishnan Rajagopal, USA (since 2020) |
- Urgent appeals
- Allegation Letters |
Yes | Not specifically mentioned |
E-mail:
srhousing@ohchr.org urgent-action@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/HRC/4/18 Annex 1
Basic principles and guidelines on development-based evictions and displacement.
A/69/274 (Report to GA 2014)
§79 p): “Private actors should exercise human rights due diligence and cooperate in good faith with indigenous peoples in order to obtain free, prior and informed consent before the commencement of any activities that may affect the rights of indigenous peoples to housing and to territories, land and resources.” A/HRC/43/43 Guidelines for the Implementation of the Right to Adequate Housing, (2019) Guideline No. 12. the State must ensure that all aspects of the involvement of private actors in housing systems are consistent with States’ obligations to realize the right to housing for all. |
http://www.ohchr.org/EN/Issues/Housing/Pages/HousingIndex.aspx |
| Special Rapporteur on extrajudicial, summary or arbitrary executions | Ms. Agnes Callamard, France, (since 2016) |
- Urgent appeals
- Allegation Letters |
Yes | Not specifically mentioned |
E-mail:
eje@ohchr.org urgent-action@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/HRC/11/2/Add.5 (Report 2009) See especially § 46,56,70,80 and annex II.
See Annex II on the legal framework to prosecute private contractors and government employees. § 80 : Congress should adopt legislation that comprehensively provides criminal jurisdiction over all private contractors and civilian employees, including those working for intelligence agencies. A/65/321 (Report 2010) § 47: the Special Rapporteur seek to work with the private sector on the issue of “potential Human Rights applications of new technologies and the obstacles to their effective use”. |
http://www.ohchr.org/EN/Issues/Executions/Pages/SRExecutionsIndex.aspx |
| Independent expert on the question of Human Rights and extreme poverty | Mr. Olivier De Schutter, Belgium, (since 2020) | Not specifically mentioned | Yes |
Yes
A/HRC/RES/8/11, §6. |
E-mail: srextremepoverty@ohchr.org |
A/63/274 (Report 2008)
“§ 72. The independent expert will seek to work with the private sector with a view to identifying initiatives that can contribute to reduce poverty, and assess their integration of a Human Rights approach.” A/73/396 Report: Privatization and human rights, (2018) § 87. The Independent expert insisted that public and private actors involved with privatization ensure that data on human rights impacts are collected and published and that confidentiality carve-outs are strictly limited. Also, demanded to explore new ways in which treaty bodies, Special Procedures, regional mechanisms, and national institutions can meaningfully hold States and private actors accountable in privatization contexts. |
http://www.ohchr.org/EN/Issues/Poverty/Pages/SRExtremePovertyIndex.aspx |
| Special Rapporteur on the right to food | Mr. Michael Fakhri, Canada, (since 2020) |
- Urgent appeals
- Allegation Letters |
Yes |
Yes
A/HRC/7/L.6/Rev.1, § 13, 25, 39. |
E-mail:
srfood@ohchr.org urgent-action@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/HRC/RES/7/14 (2008)
§ 13. Requests all States and private actors, as well as international organisations within their respective mandates, to take fully into account the need to promote the effective realization of the right to food for all.
A/HRC/10/5 Add. 2 – Mission to WTO (2009)
A/HRC/13/33 (Report 2009)
A/65/223 (Report 2010)
§18. “States are obliged to work collectively, and in solidarity, to ensure that the international system guarantees everyone’s human rights. 1 This includes making sure that […] private bodies (including corporations) are publicly accountable to the people they serve and depend on.” |
http://www.ohchr.org/EN/Issues/Food/Pages/FoodIndex.aspx |
| Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Ms. Tlaleng Mofokeng, South Africa, (since 2020) |
- Urgent appeals
- Allegation Letters |
Yes | Not specifically mentioned |
E-mail:
srhealth@ohchr.org urgent-action@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/63/263 (Report to GA 2008)
Human Rights guidelines to pharmaceutical companies in relation to access to medicines, former Special Rapporteur Paul Hunt.
A/69/299 69(b) (Report to GA 2014)
§41. “States have an obligation to protect against harm by third parties, including the private sector, and should work to ensure that private actors support the realization of the right to mental health, while fully understanding their role and duties in that respect.” |
http://www.ohchr.org/EN/Issues/Health/Pages/SRRightHealthIndex.aspx |
| Special Rapporteur on the situation on Human Rights defenders | Ms. Mary Lawlor, Ireland, (since 2020) |
- Urgent appeals
- Allegation Letters |
Yes | Not specifically mentioned |
E-mail:
defenders@ohchr.org urgent-action@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/68/262 (Report to GA 2013)
The report focuses on the increased vulnerability of Human Rights defenders operating in the context of large-scale development projects, in particular threats by private security companies. A/HRC/46/35 Report on the killings of human right defenders (2021) §109. “Businesses […] should: (a) Develop and publish human rights defender-specific policies, in consultation with human rights defenders, in order to better protect defenders; (b) Commit to mandatory human rights standards and environmental due diligence. Social media companies, in consultation with human rights defenders, should: (a) Establish and publicize easy to access, public, rapid response mechanisms to remove threatening context; (b) Close down accounts of those making the threats”. A/72/170 Report: Human Rights Defenders working on business and human rights (2017) §91, “The Special Rapporteur encourages companies (a)To assess the situation of civic freedoms and human rights defenders in the countries in which they operate, identifying gaps between international standards and national laws and practice. (…) (e) To establish and implement processes for the remediation of adverse human rights impacts arising in any area of operations.” |
http://www2.ohchr.org/english/issues/defenders |
| Special Rapporteur on the situation of Human Rights and fundamental freedoms of indigenous people | Mr. Francisco Cali Tzay, Guatemala, (since 2020) |
- Urgent appeals
- Allegation Letters |
Yes | Not specifically mentioned |
E-mail:
indigenous@ohchr.org urgent-action@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/HCR/15/37 (Report 2010) The second part is devoted “to an analysis of corporate responsibility with respect to indigenous rights, in the framework of the international community’s expectations in that regard”. A/HRC/24/41 (Report to HRC 2013) The report focuses on Human Rights concerns of indigenous peoples relating to extractive industries, calls on extractive companies to conduct due diligence and on states to establish adequate protection regulatory regimes (both domestic and extraterritorial). A/HRC/39/17 Report: Attacks and criminalisation of indigenous human rights defenders (2018) §93. The Special Rapporteur recommends that private companies: “(a) Exert human rights due diligence in all operations and adopt clear policy commitments to that effect; (b) Perform ongoing human rights impact assessments for all projects, with the full participation of potentially affected indigenous communities; (c) Avoid any acts of defamation which stigmatize indigenous peoples”. |
http://www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/SRIPeoplesIndex.aspx |
| Working Group on the use of mercenaries as a means of violating Human Rights and impeding the exercise of the right of people to selfdetermination |
5 members
Ms. Jelena Aparac, Croatia, Chair-Rapporteur, (since 2020). |
- Urgent appeals
- Allegation Letters |
Yes |
Yes
E/CN.4/RES/2005/2 and A/HRC/7/21, §e A/HRC/10/L.24, §13a |
E-mail:
urgent-action@ohchr.org mercenaries@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/63/325 (Report 2010)
The report focuses on the responsibility of private military and security companies and contains draft principles “in view of the possible development of national and international regulation mechanisms”.
A/68/339 (Report to GA 2013)
A/HRC/27/50 (Report to HRC 2014)
A/72/286 Report on the use of private security companies in places of deprivation of liberty (2017) §70. “[…] Due diligence requires that the private security company actively seek information about the negative human rights impacts of its activities, as well as about the risk that negative human rights impacts might occur in the future. This triggers a responsibility by the company to mitigate potential or existing violations, and to remediate previous violations.” §93. “Companies should establish effective accountability, oversight and remedy mechanisms, including non-judicial remedies, for victims of human rights violations.” A/HRC/42/42 Report on the relationship between private military and security companies and extractive industry companies from a human rights perspective in law and practice (2019) § 71.” Extractive companies should include human rights-related clauses and conditions in their calls for tenders and contracts with private military and security companies, notably with regard to expectations of professional and human rights compliant conduct by private military and security personnel.” |
http://www.ohchr.org/EN/Issues/Mercenaries/WGMercenaries/Pages/WGMercenariesIndex.aspx |
| Special Rapporteur on the human rights of migrants | Mr. Felipe Gonzales, Chile, (since 2017) |
- Urgent appeals
- Allegation Letters |
Yes | Not specifically mentioned |
E-mail:
urgent-action@ohchr.org migrant@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/HRC/20/24 (Report to HRC 2012)
The SR stresses the lack of monitoring in privately run detention centre and recalls that such contracting out does not absolve states of their Human Rights obligations.
A/HRC/26/35/Add.1 (Report 2014, Add.1 Mission to Qatar)
A/HRC/32/40 Report: Impact of bilateral and multilateral trade agreements on the human rights of migrants , (2016) § 71. […] ”States must ensure that the trade agreements they conclude reflect their obligations under international law. According to the Guiding Principles on Business and Human Rights, this means that States must not breach international human rights law obligations where such abuse can be attributed to them, or where they fail to take appropriate steps to prevent, investigate, punish and redress private actors’ abuse” |
http://www.ohchr.org/english/issues/torture/rapporteur/index.htm |
| Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Mr. Tomoya Obokata, Japan, (since 2020) |
- Urgent appeals
- Allegation Letters |
Yes | Not specifically mentioned |
E-mail:
urgent-action@ohchr.org srslavery@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/HRC/12/21 (Report 2009)
In her conclusions, the Special Rapporteur recommends that private actors take specific prevention, prosecution and protection measures to combat forced and bonded labour.
A/HRC/30/35 (Report to HRC 2015)
§§ 54, 55. Contains recommendations for states to “adopt effective legislation on human rights due diligence, public reporting and disclosures of businesses, Also, the rapporteur recommend businesses "[…] cooperate in the provision of remedies by establishing or participating in operational-level grievance mechanisms, following the Guiding Principles on Business and Human Rights, and cooperate with State-based grievance mechanisms". A/HRC/45/8 Report: Impact of the coronavirus disease pandemic on contemporary forms of slavery and slavery-like practices (2020) §§80, 100. […] “While States are primarily responsible for ensuring that businesses comply with international standards, the private sector should abide by the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework. This is particularly the case when ensuring human rights due diligence and ensuring that contemporary forms of slavery are not part of their supply chains and recruitment practices.” |
http://www.ohchr.org/english/issues/slavery/rapporteur/index.htm |
| Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Prof. Nils Melzer, Switzerland, (since 2016) |
- Urgent appeals
- Allegation Letters |
Yes |
Yes,
E/CN/4/ RES/2005/47, §16 |
E-mail:
sr-torture@ohchr.org urgent-action@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
Preliminary findings on the Mission to Papua New Guinea (25 mai 2010).
A/HRC/28/68 (Report to HRC 2015)
A/HRC/34/54 Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (2017) § 45. “[…] although non-State actors are not directly bound by human rights treaties, there are other treaty provisions prohibiting torture and other cruel, inhuman or degrading treatment or punishment that may be directly binding on them.” |
http://www.ohchr.org/english/issues/torture/rapporteur/index.htm |
| Special Rapporteur on the implications for Human Rights of the environmentally sound management and disposal of hazardous substances and wastes | Mr. Marcos Orellana, Chile, (since 2020) | Not specifically mentioned | No |
Yes,
A/HRC/RES/9/1, §5B |
E-mail:
urgent-action@ohchr.org srtoxicshr@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/HRC/RES/21/17 (2012)
The SR’s mandate includes “The Human Rights issues raised by transnational corporations and other business enterprises in connection with the environmentally sound management and disposal of hazardous substances and wastes”.
A/HRC/21/48 (Report to HRC 2012)
The report touches on the liability of private actors for environmental damage. A/HRC/39/48 Report: Workers’ rights and Toxic exposures (2018) § 73. The Special Rapporteur offers 15 principles to help States, business enterprises and other stakeholders protect, respect and fulfil the human rights of workers that have been infringed by their occupational exposures to toxic and otherwise hazardous substances. A/75/290 Report on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, (2020) §§ 58, 59, 60. “No State will meet its human rights obligations without compelling businesses and other actors in their jurisdiction to transition to cleaner, safer, healthier and more sustainable chemical production, use and disposal, whether in their territory or abroad.” |
http://www.ohchr.org/english/issues/trans_corporations/index.htm and http://www.business-humanrights.org/SpecialRepPortal/Home (special portal) |
| Special Rapporteur on trafficking in persons, especially women and children | Ms. Maria Grazia Giammarinaro, Italy, (since 2014) |
- Urgent appeals
- Allegation Letters |
Yes | Not specifically mentioned |
E-mail:
SRtrafficking@ohchr.org urgent-action@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/70/260, (Report to GA 2015)
http://www.un.org The SR looks at the role of non-State actors in due diligence on trafficking in persons.
A/67/261 (Report to GA 2012)
A/74/189 (Report to GA 2019) § 81.The Report establishes particular measures that States must take to eliminate barriers to access to remedies in cases of trafficking or severe exploitation in the context of businesses’ operations and their supply chains and, specifically, to address power imbalances. A/75/169 (Report to HRC 2020) § 69. […] “Companies, especially parent companies with large supply chains, should change their business model and integrate the protection of labour standards into their ordinary business plans, including into their relationships with their suppliers and service providers. For that purpose, companies should establish monitoring mechanisms, plans to address risks and grievance mechanisms to enable workers to report exploitation, to solve disputes and to obtain unpaid or underpaid wages and compensation through speedy procedures.” |
http://www.ohchr.org/EN/Issues/Trafficking/Pages/TraffickingIndex.aspx |
| Working Group on the issue of Human Rights and transnational corporations and other business enterprises |
5 members
Mr. Dante Pesce, Chile, Chair-Rapporteur (since 2021) |
- Allegation Letters
- Urgent appeals |
Yes | Yes |
E-mail:
wg-business@ohchr.org urgent-action@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
See the Working Group’s reports http://www.ohchr.org | http://www.ohchr.org/EN/Issues/Business/Pages/WGHRandtransnationalcorporationsandotherbusiness.aspx |
| Independent Expert on the issue of Human Rights obligations related to access to safe drinking water and sanitation | Mr. Pedro Arrojo- Agudo, Spain, (since 2020) | Not specifically mentioned | Yes | Yes |
E-mail:
srwatsan@ohchr.org urgent-action@ohchr.org Fax: +41 22 917 90 06 Postal Address: OHCHR-UNOG 8-14 Avenue de la Paix 1211 Geneva 10 Switzerland |
A/HRC/27/55 (Report to HRC 2014)
http://daccess-dds-ny.un.org This report looks at failures to comply with Human Rights responsibilities by non-State actors, and violations of extraterritorial obligation including states failing to regulate the activities of corporations operating abroad. A/HRC/15/31 (Report to HRC 2010) http://daccess-dds-ny.un.org This report focuses on Human Rights obligations related to non-state service provision in water and sanitation. A/73/162 Report: The principle of accountability in the context of the human rights to safe drinking water and sanitation. (2018) §§ 39, 90. 13, “Actors other than States that are accountable in the water and sanitation sector […] include business enterprises that may have an impact on the enjoyment of the human rights to water and sanitation in the course of their operation.” A/75/208 Report: Human rights and the privatization of water and sanitation services (2020) §§ 62, 47, “Under international human rights law, the obligations to respect, protect and fulfill apply to States at all levels throughout all stages of the privatization process. When a company operates abroad, these obligations apply to both home-States and host-States.” |
https://www.ohchr.org/en/issues/waterandsanitation/srwater/pages/srwaterindex.aspx |
| Special Rapporteur on violence against women, its causes and consequences | Dr. Dubravka Šimonovi, Croatia, (since 2015) |
- Urgent appeals
- Allegation Letters |
Yes | Not specifically mentioned |
E-mail:
waw@ohchr.org urgent-action@ohchr.org Fax: +41 22 917 90 06
Postal Address:
|
A/HRC/11/6 (Report 2009)
“§90. Develop mechanisms to hold non-State actors, including corporations and international organisations accountable for Human Rights violations and for instituting gender-sensitive approaches to their activities and policies”
A/HRC/14/L.9/Rev.1 (Report 2010)
A/ HRC/17/26 (Report 2011)
A/ HRC/17/26/Add.5 (Report 2011) Mission to the United States of America
A/HRC/38/47 Online violence against women and girls (Report 2018) §§ 63, 115 -119 Recommendations for Internet intermediaries: “Internet intermediaries should uphold the principle that human rights are protected online, and voluntary accept and apply all core international human rights and women’s rights instruments with a view to contributing to universal human rights protection and achieving the empowerment of women, and the elimination of discrimination and violence against them in digital space.” |
http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/SRWomenIndex.aspx |
| Special Rapporteur on the rights to freedom of peaceful assembly and of association | Mr. Clément Nyaletsossi Voule, Togo (since 2020) |
- Urgent appeals
- Allegation Letters |
Yes | Not specifically mentioned |
E-mail:
freeassembly@ohchr.org Fax: +41 22 917 90 06 Special Rapporteur on the rights to freedom of peaceful assembly and of association Palais des Nations CH-1211 Geneva 10 Switzerland |
A/HRC/29/25 (Report to HRC 2015)
http://www.ohchr.org The report looks at the rights to freedom of peaceful assembly and of association in the context of natural resource exploitation. The SR addresses various recommendations to states vis-a-vis private actors, and to corporations, and calls for an international instrument on enterprises and Human Rights.
A/70/266 (Report to GA 2015)
A/HRC/41/41 Report: The exercise of the rights to freedom of peaceful assembly and of association in the digital age (2019). §§ 17-20 In order to fulfill this obligation, [digital technology companies] should have in place human rights policies and processes – including a policy commitment to meet their responsibility to respect human rights; a human rights due diligence process to identify, prevent, mitigate, and account for how they address, their human rights impacts; and processes to enable the remediation of any adverse human rights impacts that they cause or to which they contribute. |
http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx |
| Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Ms. Irene Khan, Bangladesh (since 2020) | - Urgent appeals - Allegation Letters | Yes | Not specifically mentioned |
E-mail:
freedex@ohchr.org Fax: +41 22 917 90 06 Special Rapporteur on the right to freedom of opinion and expression OHCHR-UNOG 8-14 Avenue de la Paix 1211 Geneva 10 Switzerland |
A/HRC/35/22 Rapport: The role of digital access providers (2017) §§ 82, 83 […] In addition to high-level policy commitments to human rights, the industry should allocate appropriate resources towards the fulfilment of t[…] due diligence, rights-oriented design and engineering choices, stakeholder engagement, strategies to prevent or mitigate human rights risks, transparency and effective remedies. […] But when States request corporate involvement in censorship or surveillance companies should seek to prevent or mitigate the adverse human rights impacts of their involvement to the maximum extent allowed by law. In any event, companies should take all necessary and lawful measures to ensure that they do not cause, contribute or become complicit in human rights abuses. A/HRC/38/35 Rapport HCR (2018) § 70. [ITC] “Companies should recognize that the authoritative global standard for ensuring freedom of expression on their platforms is human rights law, not the varying laws of States or their own private interests, and they should re-evaluate their content standards accordingly”. A/HRC/41/35 Report: Surveillance and human rights (2019) §67 “a) Private surveillance companies should publicly affirm their responsibility to respect freedom of expression, privacy and related human rights, and integrate human rights due diligence processes from the earliest stages of product development and throughout their operations. These processes should establish human rights by design, regular consultations with civil society (particularly groups at risk of surveillance), and robust transparency reporting on business activities that have an impact on human rights. (c) (…) They should also establish effective grievance and remedial mechanisms that enable victims of surveillance-related human rights abuses to submit complaints and seek redress |
In order to facilitate the receipt of your communications, please include the special procedure concerned (for instance, Special rapporteur on the Human Rights of Migrants) in the subject box of your e-mail, of your fax or on the cover of the envelope. If several e-mail addresses are mentioned, please use the following one: urgent-action@ohchr.org to submit an individual complaint; for other purposes, use the other ones as referred to in the table below (for instance, srhousing@ohchr.org).
For more information please refer to the websites of the special procedures, and for more information on submitting communications see http://www.ohchr.org/