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Article

13 Jul 2017

Author:
The International Corporate Accountability Roundtable (ICAR) & la Unidad de Protección a Defensoras y Defensores de Derechos Humanos, Guatemala (UDEFEGUA)

General Considerations: National Baseline Assessment (NBA) for the Implementation of the U.N. Guiding Principles on Business and Human Rights (UNGPs)

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…The Constitution of the Republic of Guatemala complies with the obligation of the State to protect against human rights abuses, and contains all the necessary elements for the implementation of the UNGPs; however, the legal framework in Guatemala does not currently consider private sector activities as being able to violate human rights…Gaps in the domestic legal framework, scarce legislation on the subject matter coupled with lack of implementation, and the lack of policies promoting the corporate responsibility to respect human rights all contribute to the lack of implementation of the UNGPs by the Guatemalan State…Especially important to highlight is the lack of State focus on sectors which present elevated risk towards vulnerable populations, such as women indigenous people and children. These sectors include the textile, extractive, and agriculture industries. The NBA did not find any special initiatives directed towards these groups within the framework of promoting business respect for human rights. Instead, the NBA revealed irreverence towards culturally sensitive considerations, which will continue to propagate the marginalization of indigenous populations through State policies…The NBA did not find sufficient mechanisms which seek to prevent business-related conflict…There exist a number of challenges in Guatemala in relation to access to remedy…