© ISO 2007 - all rights reserved
19
Involvement in extractive activities or activities that significantly affect natural resources such as water, 917
forests or the atmosphere; 918
Proximity of operations to indigenous peoples;
919
Activities that can affect or involve children; 920
Operation in areas where corruption is common;
921
Security of premises; and 922
Supply chain.
923
6.3.2.5 Avoidance of complicity
924 Promotion of the observance of human rights within an organizations own activities should always be
925 encouraged. An organization should also consider its sphere of control and influence. An organizations
926 responsibility for human rights also pertains to the activities of connected organizations, such as
927 subsidiaries, joint venture partners and suppliers. An organization may be regarded as responsible for, or
928 complicit in, the activities of such organizations.
929 An organization may be regarded as complicit in human rights abuses if it in some way authorizes, tolerates
930 or knowingly ignores abuses committed by a connected organization. In some cases, complicity may give
931 rise to criminal or other legal liability.
932 While the participation of the organization may not directly cause abuse, complicity may consist of providing
933 practical assistance or encouragement to actions that increase their extent. This can occur by means of
934 activities or co-operation with state agencies in countries that do not respect human rights.
935 In assessing human rights risks and responsibilities, it is therefore important not to draw too tight a
936 boundary around the issues under consideration but to consider the broader situation and the long term
937 implications for human rights. While case law is developing that is clarifying the legal liability of private
938 organizations or businesses for complicity in international crimes, most of what society, business and
939 human rights advocates understand as complicity goes beyond its present legal definition and application.
940 941
Box 1 Security arrangements and human rights
942 All organizations should make sure that security arrangements protect human rights and are consistent with
943 international UN standards and norms for law enforcement. Procedures should include measures to
944 prevent excessive force, torture, cruel, inhuman or degrading treatment. Organizations should refrain from
945 any activity that supports, solicits, or encourages human rights abuse. Any security personnel employed or
946 contracted should be adequately trained. Organizations should develop clear rules for contracting with
947 state security forces and for not hiring security personnel with a record of serious human rights violations.
948 Potential complaints about security procedures or personnel should be addressed and investigated
949 promptly and independently. Organizations supplying military security or police services should take
950 stringent measures to prevent any form of human rights violations. Organizations providing goods and
951 services should confirm that firms they hire for security do not abuse human rights.
952 953
6.3.3 Human rights issue 1: Civil and political rights 21 954
6.3.3.1 Description of the issue
955 Civil and political rights pertain to the right to certain civil liberties, including freedom of opinion and
956 expression, freedom of peaceful assembly and association, freedom to adopt and practice a religion,
957 freedom to hold beliefs, freedom from arbitrary interference with family, home or correspondence and the
958 right to privacy. Civil and political rights also include absolute rights such as the right to life, right to freedom
959 from torture, right to security, liberty and integrity of the person. The organizational impact on these latter
960
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© ISO 2007 - all rights reserved
types of rights can arise from direct or indirect support for government policies. Many civil and political 961
rights serve to protect the individual from excesses or deficiencies of the state. 962
The state has the primary responsibility for guaranteeing civil and political rights. Nevertheless, an 963
organization should respect such rights and contribute to their realization and refrain from actions that 964
obstruct or impede the realization of civil and political rights. Issues of importance will vary with the 965
organization and the context in which it operates. A non-exhaustive list of actions and expectations for an 966
organization is provided below. 967
6.3.3.2 Related actions andor expectations 968
An organization should always respect and never compromise the fact that every human being has the 969
inherent right to life23 and that no one shall be arbitrarily deprived of his life 23. Organizations should 970
be very careful before establishing operations in states that arbitrarily take human lives. Unregulated and 971
untrained security forces, which may be contracted by organizations, can also cause deaths with which the 972
organization may be associated. Using such security forces may expose the organization to the risk of 973
being complicit in the human rights abuse carried out by the state or security forces. 974
An organization should recognize that no one shall be subjected to arbitrary or unlawful interference with 975
his privacy, family, home or correspondence, nor to unlawful attacks upon his honour and reputation26, 976
88. An organization may legitimately hold records for example medical records of their employees; 977
however these records should respect employees’ privacy and their purpose should be made clear. 978
An organization should respect the right to freedom of opinion and expression 27, 92; this includes 979
freedom to hold opinions without interference and to seek, receive and impart information and ideas 980
through any media and regardless of frontiers. An organization may face a situation in which the members 981
of the local community voice opinions about its activities. Their right to freedom of expression should be 982
respected, just as should those of the employees of the organization. An organization should make every 983
effort to provide stakeholders with channels to freely express their views even in situations of disagreement 984
with organizational decisions. Organizations should not try to suppress, change or influence stakeholder 985
views or opinions. 986
An organization should recognize that no one shall be subjected to torture or to cruel, inhuman or 987
degrading treatment or punishment. Disciplinary procedures should be proportionate and not involve 988
physical punishment or degrading treatment 24, 86. Organizations operating in areas of conflict should 989
take particular care that any security forces they contract or whose protection they enjoy do not commit 990
such abuses. 991
An organization should respect everyone’s right to liberty and freedom of movement 22, 83. For example; 992
organizations should not confiscate employees’ passports or travels documents or in any way limit their 993
freedom of movement or liberty. 994
An organization should recognize that no one shall be held in slavery, that no one shall be held in 995
servitude and that slavery and the slave trade in all their forms shall be prohibited 25, 85. Slavery is a 996
violation of basic human freedoms and the prohibition against slavery and other forms of forced and 997
bonded labour is absolute. An organization should make efforts to trace supplies that may have been 998
produced by slave labour, and refrain from using them. 999
6.3.4 Human rights issue 2: Social, economic and cultural rights 30 1000
