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New
UN norms on transnational
business
A
United Nations human rights body in Geneva has adopted the first set of
comprehensive international human rights norms specifically applying to
transnational corporations and other businesses. The nongovernmental organizations
joining in this statement come together to welcome the U.N. Human Rights
Norms and Commentary, and to urge their supporters and others concerned
with human rights, the environment, and development to begin using them
to spur greater corporate social responsibility.
Historically,
international human rights law has focused on state responsibilities.
While international law also places obligations on businesses, there is
a need to clarify the scope of those obligations in a changing world.
As global businesses have expanded their power in the world, an increasing
number of U.N. bodies and others have recognised that with greater power
should come greater responsibility. By adopting today the new "U.N.
Norms on the Responsibilities of Transnational Corporations and Other
Business Enterprises with regard to Human Rights," the U.N. Sub-Commission
on the Promotion and Protection of Human Rights fills the gap by pulling
together into one document the key international human rights laws, standards,
and best practices applying to all businesses. These more detailed U.N.
Norms are thus complementary to the U.N. Global Compact, as acknowledged
by the U.N. Global Compact Office.
The
new U.N. Human Rights Norms, and the accompanying interpretive Commentary,
constitute an authoritative interpretation of the Universal Declaration
of Human Rights of 1948. The Universal Declaration applies not only to
states and individuals, but also to "organs of society", including
businesses. In addition to the Universal Declaration and the principal
human rights treaties, the U.N. Human Rights Norms and Commentary rely
upon and restate the relevant principles from a wide range of labor, environmental,
consumer protection, and anti-corruption treaties and other international
instruments. As such they provide a useful checklist for companies on
how to act consistently with international norms.
No
responsible corporation wants to be a party to abusive working conditions
or other human rights violations. The U.N. Human Rights Norms and the
explanatory Commentary will help businesses know and comply with the relevant
human rights laws, and will provide a clear road map to action that transcends
the conflicting provisions of the various private codes of conduct. Although
some difficult issues of interpretation will remain, the U.N. Human Rights
Norms and the interpretive Commentary now put the U.N. imprimatur on much
more detailed guidelines as to proper action. They also endorse methods
of independent monitoring and other implementation mechanisms to hold
businesses accountable for violations of human rights, humanitarian, labour,
environmental, and other international principles and best practices,
and will contribute to further international legal development along these
lines.
In
an increasingly interdependent world, where poverty, disease, violence,
crime, war, regional conflicts, and human rights and environmental abuses
persist, clear international standards will help ensure that business
will be part of the solution to today's problems and not knowingly or
unknowingly -- exacerbate them. To meet the new challenges with a sensible
legal framework for business behaviour is in the interests of the companies
themselves, as well as their workers, shareholders, communities, and other
stakeholders. Indeed, the U.N. Human Rights Norms can make a substantial
contribution to long-term development and poverty reduction, which benefits
both business and society.
The
nongovernmental organisations joining this Statement represent many other
organizations who support the U.N. Norms (as in the case for example with
Amnesty International, which has garnered the support of over 60 other
organisations, Christian Aid, which works with over 500 partner organisations,
the Forum for Human Rights, which has over 40 member organisations in
Germany alone, FIDH, which represents over 100 member organisations, and
OMCT, which represents over 260 organisations). This significant number
of civil society organisations applauds the U.N. Sub-Commission and its
Working Group on Transnational Corporations for bringing this multi-year
effort to such a successful conclusion, and looks forward to using the
U.N. Human Rights Norms and Commentary in their work.
Courtesy:
Law Watch
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