HR Groups Petition UN on Business & Human Rights
ECONOMICS, CORPORATE CITIZENSHIP, HUMAN RIGHTS, SOCIETY & CULTURE
Wednesday, January 25, 2012
The United Nations Working Group on Human Rights and Transnational Corporation and Other Business Enterprises held its first public, informal exchange with stakeholders at the Palais des Nations in Geneva, Switzerland on January 20 and the Federalist Society was there as an observer.
As background, the Working Group is composed of the following independent experts, appointed by the Human Rights Council at its eighteenth session in September 2011:
1. Mr. Michael Addo, Senior Lecturer, University of Exeter; expert in the area of international human rights law;
2. Ms. Alexandra Guaqueta, Lecturer, Flinders University; expert in the areas of non-state actors and global governance and business operations in conflict and weak governance zones;
3. Ms. Margaret Jungk, Director of the Human Rights and Business Department at the Danish Institute for Human Rights;
4. Mr. Puvan Selvanathan, Chief Sustainability Officer, Sime Darby, a Malaysia-based diversified multinational involved in key growth sectors, namely, plantations, property, motors, industrial equipment, energy & utilities and healthcare;
5. Mr. Pavel Sulyandziga, Vice President, Russian Association of Indigenous Peoples of the North, Siberia and Far East (RAIPON).
The Working Group is charged by the UN Human Rights Council with identifying and promoting good practices and lessons learned on the implementation of the UN Framework and Guiding Principles on business and human rights, which "outline what States and business enterprises should do to ensure that human rights are respected by business, and to ensure access to effective remedies for those whose rights have been adversely affected by business activity."
The January 20 meeting was a first step in the process of fulfilling that mandate, as representatives from Member States, intergovernmental organizations, national human rights institutions, civil society organizations, trade unions, business, and academia provided input that the Working Group will now consider in determining its key thematic priorities and activities.
Chaired by Margaret Jungk, the meeting saw over thirty stakeholder representatives, who were invited to speak for three minutes each, make recommendations to the Working Group. What follows is a synopsis of those recommendations:
• Amnesty International believes that the Working Group should base its work on real world experiences and should focus on improving access to just for victims of corporate abuse;
• The International Organization of the Francophonie believes that the Working Group should promote the "indivisible principles of human rights;" mobilize professional networks; work with national human rights groups; and work with economic and social councils;
• Argentina's Human Rights Center said that the Working Group members must visit countries and sites of alleged human rights abuses; focus on mining, agricultural, and garment workers; and develop a "pool of synergies" with stakeholders;
• The representative from the Democratic Republic of the Congo believes that the Working Group should focus on mining; work with companies who obtain supplies from the Congo; provide input to the UN Mission to the Congo; and get business leaders involved so that a dialogue may be established;
• The Latin American Mining Monitoring Group believes that the Working Group should make country and site visits and focus on rural and indigenous women effected by mining projects;
• The International Organisation of Employers suggests that the Working Group translate the Guiding Principles into as many languages as possible; keep small and midsize businesses in mind; make regular visits to countries and sites; and look at the root causes of human rights abuses;
• Indigenous Peoples Links suggests that the Working Group focus on the most abusive, problematic sectors, including mining and other extractive industries; develop mechanisms for redress; work closely with the UN Committee on the Elimination of Racial Discrimination (CERD); and safeguard the language of "best practices" by States and businesses;
• The International Federation for Human Rights said that the Working Group should take a "rights-based approach" to its mandate of implementing the Guiding Principles; make country and site visits; help victims get access to justice; and look at how "home States" can protect victims of corporate abuse in third countries;
• Berne Declaration recommends that the Working Group formulate "due diligence" standards for businesses;
• Social Accountability International suggests that the Working Group focus on government procurement practices ("pass on human rights down the supply chain"), as well as keeping the gender and rural dimensions in mind;
• International Work Group for Indigenous Affairs (IWGIA) believes that the Working Group should work locally, work with indigenous peoples, and focus on the mining, oil, and gas extraction sectors;
• The Centre for Research on Multinational Corporations thinks that the Working Group should develop clear human rights abuse indicators and support NGOs when they file OECD complaints;
• The International Trade Union Confederation urged the Working Group not to overlook unions; to give labor issues "their due"; and ensure that collective bargaining is given "positive action" by employers;
• UNICEF said that the Working Group should pay particular attention to children’s rights as they relate to business;
• The European Disability Forum suggested that the Working Group take persons with disabilities into account in light of the UN Convention on the Rights of Persons with Disabilities; focus on discrimination against disabled persons in transportation, particularly on airplanes;
• The International Commission of Jurists said that the Working Group should focus on developing effective remedies for human rights abuses; Human Rights Watch believes that the Working Group should focus on the transition of the Guiding Principles from "Guidance to Compliance;"
• The Business and Human Rights Resource Centre believes that the current business and human rights discussion is too "Anglo-centric" and that the Guiding Principles and accompanying materials should be translated into multiple languages;
• IPIECA, the global oil and gas industry association for environmental and social issues, suggests that the Working Group should help its member organizations implement the Guiding Principles; promote due diligence by businesses; help establish grievance mechanisms; and create as few sets of sector guidelines as possible to avoid making implementation too difficult;
• The Geneva Centre for the Democratic Control of Armed Forces (DCAF) recommends that the Working Group focus on developing an international code of conduct for private security companies.
In the weeks and months ahead, the UN Working Group will consider the recommendations above and those included in online submissions as it formulates its thematic priorities. The Federalist Society, through Global Governance Watch, will continue to monitor the activities of the Working Group, including any upcoming sessions, and report on the resulting threats to national sovereignty, limited government, and the free market.
A JOINT PROGRAM OF
