Business and human rights in Kyrgyzstan is a relatively new topic. Its active development is associated with the significant influence of business on various spheres of life of society as a whole and each individual person.

Business makes a significant positive contribution to the realization of human rights. Companies provide employment opportunities and skills development. Taxes received from business activities are directed to solving important tasks for society, for example, in the field of health, education and housing. It is business that is often the first to respond to the challenges facing society and offer solutions.

Very often our daily life depends on the conscientious behavior of business. Business acts as an employer — and in this sense, not only the employee himself, but also the well-being of his family depends on him. The business provides services and sells goods, carries out production, grows products. At all stages, it can take into account or ignore its impact on consumers, on residents of the territories where the business operates, on society, on the environment.

Therefore, business and human rights are about how a business — regardless of size, form of ownership, sector of activity — can earn money without violating human rights.

The basis of human rights is considered to be the Universal Declaration of Human Rights of 1948, which states:

“The General Assembly,

Proclaims this Universal Declaration of Human Rights as a task that all peoples and States should strive to fulfill so that every person and every organ of society, constantly keeping this Declaration in mind, strive through education and education to promote respect for these rights and freedoms...”

The basic human rights that businesses need to focus on are enshrined in the International Bill of Human Rights, which includes:

- The Universal Declaration of Human Rights;

- International Covenant on Civil and Political Rights;

- International Covenant on Economic, Social and Cultural Rights. 

 The next step of the world community in the aspect of business and human rights was the UN Global Compact (UNG) — an international initiative for business in the field of corporate and social responsibility and sustainable development. Created in 2000 at the call of former UN Secretary-General Kofi Annan, the UN State Duma has become an important tool for involving business in the formation and promotion of the concept of sustainable development.

Five years later, the world community takes an effective response to the risks of human rights from business and in 2011 the UN Human Rights Council approves the "Guiding Principles of Entrepreneurship in the Aspect of Human Rights: Implementation of the United Nations Framework for "Protection, Compliance and Remedies"" (UN Guidelines), developed by a Special Representative of the UN Secretary-General John Raggi.

This was an important event in the long-standing discussion about the impact of entrepreneurship on human rights. The approved Guidelines became the first authoritative global framework for addressing issues related to the impact of business activities on human rights, which is applicable to both States and enterprises and which established their respective responsibilities and responsibilities for identifying human rights risks arising in the course of business activities.

The UN Guidelines consist of three main frameworks – protection, compliance and remedies, which include:

1. The duty of the state to protect human rights from encroachments of any third parties, including business structures.

2. The responsibility of business structures to respect human rights.

3. The need to ensure wide availability of effective state and non-state remedies for affected persons in case of violation of their rights by business.

Thus, the UN Guiding Principles have become the world standard on the impact of entrepreneurial activity on fundamental human rights, applicable to both States and enterprises, and establishing appropriate duties and responsibilities for possible violations of human rights in the course of entrepreneurial activity. They determine the right steps, processes by which enterprises and states can build their policies in this area.

About 30 countries around the world already have National Action Plans on Business and Human Rights based on the provisions of the UN Guidelines.

A growing number of multinational corporations, business associations and enterprises have publicly announced their voluntary commitment to respect human rights both in the circle of their activities and employees, and in the circle of their supplier partners, regardless of jurisdiction.

A number of States have adopted domestic legislation obliging companies to identify risks to human rights in their activities at various stages. In 2017, France became the first country to adopt a law obliging large multinational companies operating in France to exercise due diligence on human rights issues in all their global operations, and in early 2021, Germany adopted a similar law, which came into force this year.

State bodies and civil society of the Kyrgyz Republic cannot stay away from this international trend. The Kyrgyz Republic's membership in the UN and a number of obligations under international agreements in the field of human rights determine the need to adopt a National Action Plan in the field of Human Rights and business based on the UN Guidelines.

It should be noted that the UN Guidelines do not create new standards in the field of human rights. They actualize the question of how to make the existing recognized standards effective, taking into account the significant impact on the practice of their implementation by business structures.

A great contribution to the actualization of human rights based on the UN Guiding Principles in Kyrgyzstan is being implemented by the UN Development Program. Together with the Legal Clinic "Adilet" and international experts in the field of human rights, a "Research report on the legal framework of the Kyrgyz Republic and the UN Guidelines" was prepared on the basis of this study, a National Action Plan will be developed and adopted by state bodies. UNDP strives to develop and implement flexible programs and projects that correspond to the national priorities of the country and take into account emerging needs. All UNDP programs and projects work with national partners, government agencies that represent the field of business and human rights. 

This article is an element of an information campaign to promote human rights issues in the aspect of entrepreneurship in Kyrgyzstan within the framework of the UNDP project "Business and Human Rights" (B+HR), with the financial support of the Government of Japan.