Businesses need to go beyond the current “do no harm” approach: UN expert

NEW YORK (13 October 2023) – To realise the right to development and overcome multiple challenges of poverty, inequality, intersectional discrimination, the digital divide, the triple planetary crisis, food and energy insecurity, armed conflicts and disruptive new technologies, businesses must go beyond the “do no harm” approach, UN Special Rapporteur on the right to development, Surya Deva said today.

In his report to the 78^th session of the UN General Assembly, Deva said that businesses have an indispensable role to play in realising the right to development. He highlighted that the key was to harness the positive contribution of businesses and minimise the adverse impacts of business activities on that right.

“The current economic order and many business models are inconsistent with a holistic understanding of the right to development, because they are promoting cumulative economic growth, creating inequalities and destroying the planet,” Deva said. “Similarly, the existing development narrative, which embodies a sequencing mindset between economic development and human rights, is problematic from the perspective of the right to development,” he said.

The expert called for a fundamental shift in the role of businesses in society and their relationship with non-shareholders to address systemic problems with the current economic order.

“Gross domestic product (GDP) does not capture the human and environmental destruction of economic activities, and corporate profits do not reflect externalities and the investment of labour by workers,” the Special Rapporteur said.

Corporate boards often take decisions affecting people and the planet, without including representation from all key constituents of society, he said.

Deva urged business leaders to focus on taking the following three measures as a priority: reorient the purpose of business in society, change irresponsible business models and go beyond the “do no harm” approach.

“In addition to accomplishing the right to development, the proposed fundamental shift will allow businesses to contribute to building a human rights economy,” he said.

“States, national human rights institutions, investors, industry associations, trade unions, consumers, civil society organisations and human rights defenders have a critical enabling role to ensure that businesses contribute to the realisation of the right to development,” the expert said.

*Mr. Surya Deva took up the role of the UN Special Rapporteur on the right to development on 1 May 2023. Deva is a Professor at the Macquarie Law School and Director of the Centre for Environmental Law at Macquarie University, Australia. He conducts research in the areas of business and human rights, comparative constitutional law, international human rights law, sustainable development, climate change, and gender equality. Deva served as a member of the UN Working Group on Business and Human Rights (2016-22). He has advised UN agencies, governments, national human rights institutions, multinational corporations, trade unions and civil society organisations on issues related to business and human rights.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.