United Nations “Protect, Respect and Remedy” Framework Summary and ideas for implementation

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Guiding Principle on Business and Human Rights

 

  • The Guiding Principle (GP) will mark the end of the beginning: by establishing a common global platform for action, on which cumulative progress can be built, step by step, without foreclosing any other promising longer-term developments.
  • GP normative contribution lies in:

Elaborating the implications of existing standards and practices for States and businesses

Integrating them within a single, logically coherent and comprehensive template

Identifying where the current regime falls short and how it should be improved

  • GP recognizes ‘one size does not fit all’

 

General Principles

  1. States’ existing obligation to respect, protect, and fulfill human rights and fundamental freedoms
  2. The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights
  3. The need for rights and obligations to be matched to appropriate and effective remedies when breached

Notes:

  • Indonesia already adopts all main Human Rights covenants and established National Commission of Human Rights (Komnas HAM)
  • Decentralization lead to disharmony between national and local regulations
  • Law on social welfare and public services already legalized, implementation and institutionalization is still a big challenge
  • Principle 2 will be the focus and more elaboration will be made.

 

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