Session 7

Question 1

What kind of methods have been used in conducting Human Rights Impact Assessments?

Answer 1

Literature reviews
Statistical data collection
Stakeholder mapping & engagement
Interviews
Desk research
Scoping human rights issues
Analysis
Impact assessment (likelihood, positive or negative impact, severity, significance and scale)
Recommendations
Workshops with stakeholders

Question 2

What is HRIA?

Answer 2

Human Rights Impact Assessment = “a process for identifying, understanding, assessing and addressing the adverse effects of business projects and activities on the human rights enjoyment of impacted rights-holders such as workers and community members.”

Question 3

What are some essential aspects of a HRIA?

Answer 3

It should be an ongoing and iterative process that facilitates continuous learning, as well as participatory, requiring extensive background research, fieldwork and the participation of potentially affected rights-holders and other stakeholders.

Question 4

How do HRIAs differ from e.g. Environmental Impact Assessment (EIA) and Social Impact Assessment (SIA)?

Answer 4

HRIA is uniquely based on internationally recognized human rights standards and principles, providing an authoritative and comprehensive benchmark.

HRIA centers on the rights and experiences of affected individuals and groups, and inherently emphasizes accountability of duty-bearers (businesses and states).

Question 5

Provide examples of approaches to HRIA.

Answer 5

Company-commissioned assessments: Carried out by or for businesses as part of their due diligence.

Community-based assessments: Initiated and led by NGOs or CSOs on behalf of affected communities, emphasizing high rights-holder involvement.

Collaborative approaches: Conceptual, but envisioning a participatory process involving communities, companies, and potentially governments.

Sector-wide assessments (SWIAs): Addressing a particular industry sector as a whole, considering legislative frameworks, cumulative impacts, and project-level effects.

Assessments of trade agreements: Focusing on the human rights impacts of specific trade agreements, particularly in areas like the right to health and the right to food.

Question 6

Why do HRIAs need to pay particular attention to the potential differential impacts on specific rights-holder groups?

Answer 6

Rights-holders are frequently subject to marginalization and discrimination, and that this can give rise to vulnerability that needs to be identified and addressed in HRIAs.

Question 7

What makes for a good/ effective HRIA? Provide examples.

Answer 7

Meaningful Participation: Ensuring affected individuals are involved throughout the process.

Non-discrimination: Being inclusive and sensitive to the needs of vulnerable groups.

Empowerment: Building capacity of rights-holders to participate and claim their rights.

Transparency: Making the process and findings accessible to affected parties.

Accountability: Clear assignment of roles and responsibilities for addressing impacts.

Benchmark in Human Rights Standards: Using international standards to guide analysis and mitigation.

Scope of Impacts: Including actual, potential, cumulative, and legacy impacts across the business’s sphere of influence.

Assessing Impact Severity: Prioritizing actions based on the severity of human rights consequences.

Impact Mitigation Measures: Addressing all identified impacts following a mitigation hierarchy (avoid, reduce, restore, remediate).

Access to Remedy: Identifying impacts requiring remedy and ensuring access to appropriate grievance mechanisms.