Principles of state’s responsibility to protect human rights
Pillar 1: The state’s responsibility to protect human rights
The state has obligation to respect, protect, promote, and facilitate in fulfilling human rights.
The Universal Declaration of Human Rights was adopted by all of the UN member states in 1948. When the state has ratified international human rights instruments, it means that the state has legally bound itself to respect, protect and fulfill human rights. The government enforce these obligations through policies, regulations and law enforcement.
The state balances the impacts of business
The government must act to balance the potential positive and negative impacts of business activities. The government is ready to make difficult and balanced decisions to meet the social needs of different communities.
What should the company do if the state cannot protect human rights?
The responsibility of the state to protect and the responsibility of the company to respect are two different complementary responsibilities. These obligations are different because even when one party does not fulfill its obligations or responsibilities properly, the other party is still required to carry out their respective obligations. In other words, when the government fails to protect human rights, companies still have to respect human rights.
When the government cannot provide adequate protection for human rights, the company still has to fulfill its responsibility to respect human rights, and vice versa.
- ELSAM dan Komnas HAM (2017), “Rencana Aksi Nasional Bisnis dan Hak Asasi Manusia”. Jakarta: Komnas HAM.
- Global Compact, “Global Compact 2018 Progress Report: Asia Pacific Analysis”, 2018.
- Inisiatif Bisnis dan Hak Asasi Manusia (2010), “Bagaimana Menjalankan Bisnis dengan Menghormati Hak Asasi Manusia: Sebuah Alat Panduan bagi Perusahaan,” Den Haag: Global Compact Network Netherlands
- INFID, “Kertas Kebijakan: Menuju Implementasi Prinsip-Prinsip Panduan PBB tentang Bisnis dan HAM di Indonesia, 2018.
- Kementerian Luar Negeri, “Draf Panduan Bisnis dan HAM versi 13 Desember 2018”, Jakarta, 13 Desember 2018.
- Shift, Oxfam and Global Compact Network Netherlands, “Doing Business with Respect for Human Rights: A Guidance Tool for Companies”, 2016.
- Ilustrasi: www.freepik.com