"Report of the IACHR on Business and Human Rights: towards the Inter-Americanization of Business and Human Rights", 24 Feb 2020 

In January 2020, the Special Rapporteurship on Economic, Social, Cultural and Environmental Rights of the Inter-American Commission on Human Rights (IACHR) published its long awaited report, “Business and Human Rights: Inter-American Standards”. Created in 1959 by the Organization of American States, the (IACHR) has jurisdiction to promote human rights over all 35 member states of this regional organization...

In the B&HR spectrum, [some] cases–despite focusing on state responsibility – have showed how mining permits are obtained, usually by presenting false documentation, bribing corrupt officials or benefiting from loose regulations...

The new report “Business & Human Rights: Inter-American Standards” has sections on Indigenous Peoples and mining companies (paras. 339-351) but it goes beyond the extractive industry. It identifies other topics of interest like transitional justice and the responsibility of businesses for gross violations of human rights (paras. 200-218), climate change (paras. 232-252) and the privatization of public services (paras. 219-231), among others...

The IACHR report establishes from the start that the state has the primary duty to fulfill the UNGP. This includes the state’s (i) duty to adopt laws and policies; (ii) duty to prevent violations to human rights caused by business activities; (iii) duty to monitor/inspect businesses; (iv) duty to investigate, prosecute and repair victims (para. 85).

Despite these relevant developments, legislation and the case law on B&HR in the Americas remain scarce...