Economic Globalisation and Human Rights by Amnesty International 12:53pm 18th Jul, 2003   Request for NGOs to support the Draft Norms for Transnational Corporations and Other Business Enterprises at the next meeting of the UN Sub-Commission for the Promotion and Protection of Human Rights    Dear Friends,    We are writing to you to request your support for the Draft Norms for Transnational Corporations and Other Business Enterprises being developed at the Sub-Commission for the Promotion and Protection of Human Rights at the United Nations.    The process leading up to the drafting of the norms has been open and transparent. The norms and the related Commentary provide a comprehensive and authoritative statement of the obligations on companies in relation to human rights. They draw on existing international law, but provide greater specificity in setting out the manner in which companies are responsible for the protection of human rights, labour rights, and the environment.    Amnesty International believes that the adoption of the Draft Norms and the Commentary will set a precedent and will be an important step towards the overall goal of developing binding legal norms for the corporate sector in relation to human rights.    There are a number of different initiatives to develop principles, codes of conducts, etc, to guide corporate behaviour. We believe the draft norms offer a comprehensive set of standards, and that as many NGOs as possible ought to support the early adoption of the norms and then concentrate on measures to ensure they are disseminated widely and implemented. Although the draft norms when adopted will not be binding in a strict sense, they will have considerable influence as a "soft law" standard.    Over the last decade, as the international economic environment has become more conducive to foreign direct investment and liberalization of international trade of goods and services, civil society organizations, including Amnesty International, have noted with concern the absence of a regulatory framework that could encompass non-state actors, particularly economic actors. The absence of such a framework is regarded by some to be at the heart of international protests targeting economic actors and market-led globalization.    As states have deregulated their economies, and privatized functions traditionally performed by the state to private companies, (transnational, multinational or domestic), a lacuna has emerged. Even though states have the primary responsibility to promote and protect human rights, transnational corporations and other business enterprises, are also responsible for promoting and securing the human rights set forth in the Universal Declaration of Human Rights. Transnational corporations and other business enterprises are further obliged to respect generally recognized principles and norms in UN and other international instruments, such as the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, and emerging guidelines, like the OECD Guidelines for Multinational Enterprises apply to companies within the framework of OECD membership.    Nevertheless, there remains a gap at the global level. It is this very gap that the Norms, seek to fill. They have been drafted so as to apply to all transnational corporations and other business enterprises.    By including corporations in all forms, the principles are fair, in not singling out any particular form of business entity for special scrutiny. Amnesty International's experience in dialogue with non-state actors has shown that responsibility for human rights protection extends to all actors, state and non-state, domestic and international.    Amnesty International has already urged the UN Sub-Commission to unequivocally support the principles. To build momentum in this regard, it is of great importance that CSOs around the world support the initiative. CSOs already supporting the norms include Christian Aid, FIDH, Human Right Advocates, Human Rights Watch, and Lawyers Committee for Human Rights, OMCT, the Prince of Wales International Business Leaders Forum, and Pax Romana. In the common struggle to make corporations legally accountable for their human rights, labour and environmental impact, the norms represent a critical building block.    It is fair to point out that there is some resistance to these norms. Objection to the norms comes from two main sources - one is some organisations from the business community (International Chamber of Commerce and International Organisation of Employers), which believe that the norms are not in keeping with the spirit of voluntary initiatives and the corporate social responsibility movement. We disagree with the view that voluntary initiatives alone are sufficient.    The other source critical of the Norms is represented by a few civil society organisations, such as the American Association of Jurists and the European Third World Centre (CETIM). Their contention is that the Norms are a significant step backwards in the struggle for corporate accountability, believing that because the norms are a "soft law" instrument (e.g. not a formal treaty) they will undermine efforts to ensure binding legal obligations are recognised. Again, we respectfully disagree. While the norms are, strictly-speaking non-binding, they are rooted in international law, and as they are disseminated and used by advocates will greatly assist in efforts to strengthen legal accountability.    What the Draft Norms need now is support and universal recognition.    To sum up, the current situation is this: The Sub-Commission has adopted Resolution 2002/8 that requests that the draft norms be widely circulated, recommends that the relevant Working Group and the Sub-Commission continue efforts to explore possible mechanisms for implementing the draft norms. The Sub-Commission has also recommended the establishment of a group of experts, a special rapporteur or a working group to receive information; and invited members of the WG and in particular the authors of the commentary on the norms on responsibilities to continue working on the commentary so that it might serve as a reference for the practical implementation and further development of the draft norms.    We request your vocal support for the norms, and would be happy to provide you with any further information that you might need.    Please click below for the French | Spanish | Arab versions of the above letter.    If your organisation would like to join us in supporting the Draft Norms for Transnational Corporations and Other Business Enterprises at the next meeting of the UN Sub-Commission for the Promotion and Protection of Human Rights (28 July - 15 August 2003), please contact: amasci@amnesty.org Visit the related web page
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