View previous stories
	Obligations of States Parties regarding the corporate sector and economic, social & cultural rights by Committee on Economic, Social & Cultural Rights United Nations   As a result of globalization and the growing role played by non-state actors, the Committee increasingly addresses the obligations of States Parties regarding the impact of the corporate sector on the implementation of the rights under the Covenant. The corporate sector in many instances contributes to the realization of economic, social and cultural rights enshrined in the Covenant through inter alia input to economic development, employment generation, and productive investment. However, the Committee has also frequently observed that corporate activities can adversely affect the enjoyment of Covenant rights. Multiple examples of the related problems range from child labour and unsafe working conditions through restrictions on trade union rights and discrimination against female workers, to harmful impact on the right to health, standard of living, of including indigenous peoples, the natural environment, as well as to the destructive role of corruption.   The Committee reiterates the obligation of States Parties to ensure that all economic, social and cultural rights laid down in the Covenant are fully respected and rights holders adequately protected in the context of corporate activities.   The Committee recalls that, in 1998, it issued its Statement on Globalization and Economic, Social and Cultural Rights that is relevant to the present statement. The Committee also acknowledges the initiatives related to corporate responsibilities in the context of human rights and takes them into consideration in the implementation of its mandate.   At the international level, following its 1977 Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, the ILO adopted in 1998 the Declaration of Fundamental Principles and Rights at Work. The latter addresses inter alia freedom of association and the effective recognition of the right to collective bargaining, elimination of all forms of forced or compulsory labour, effective abolition of child labour, and elimination of discrimination in respect of employment and occupation.   In 2000, the United Nations launched the United Nations Global Compact which has been signed so far by more than 7700 companies and other stakeholders, committing themselves to adhere to corporate responsibilities covering human rights, labour, the environment and anti-corruption.   The Committee takes note that in 2008, the Human Rights Council welcomed the “Protect, Respect and Remedy” Framework for Business and Human Rights, presented by the Special Representative of the United Nations’ Secretary-General on the issue of human rights and transnational corporations and other business enterprises.   States Parties have the primary obligation to respect, protect and fulfil the Covenant rights of all persons under their jurisdiction in the context of corporate activities, undertaken by state-owned or private enterprises. This results from Article 2(1) of the Covenant that defines the nature of the obligations of States Parties, referring to legislative and other appropriate implementation steps, which include administrative, financial, educational, social measures, domestic and global needs assessments, and the provision of judicial or other effective remedies.   Respecting rights requires States Parties to guarantee conformity of their laws and policies regarding corporate activities with economic, social and cultural rights set forth in the Covenant.   As part of this obligation, States Parties shall ensure that companies demonstrate due diligence to make certain that they do not impede the enjoyment of the Covenant rights by those who depend on or are negatively affected by their activities.   Protecting rights means that States Parties effectively safeguard rights holders against infringements of their economic, social and cultural rights involving corporate actors, by establishing appropriate laws, regulations, as well as monitoring, investigation and accountability procedures to set and enforce standards for the performance of corporations.   As the Committee has repeatedly explained, non-compliance with this obligation can come through action or inaction. It is of utmost importance that States Parties ensure access to effective remedies to victims of corporate abuses of economic, social and cultural rights, through judicial, administrative, legislative or other appropriate means.   States Parties should also take steps to prevent human rights contraventions abroad by corporations which have their main seat under their jurisdiction, without infringing the sovereignty or diminishing the obligations of the host States under the Covenant.   For example, in General Comment No.15 on the Right to Water the Committee states that “steps should be taken by States Parties to prevent their own citizens and companies from violating the right to water of individuals and communities in other countries”.   It also emphasizes that “where States Parties can take steps to influence other third parties to respect the right, through legal or political means, such steps should be taken in accordance with the Charter of the United Nations and applicable international law.”   In General Comment No.18 on the Right to Work, the Committee underlines that private enterprises, both national and multinational, “have a particular role to play in job creation, hiring policies and non-discriminatory access to work. They should conduct their activities on the basis of legislation, administrative measures, codes of conduct and other appropriate measures promoting respect for the right to work, agreed between the government and civil society.”   In General Comment No.19 on the Right to Social Security, the Committee underscores that “States Parties should extraterritorially protect the right to social security by preventing their own citizens and national entities from violating this right in other countries”.   Fulfilling rights entails that States Parties undertake to obtain the corporate sector`s support to the realization of economic, social and cultural rights. States Parties home to companies active abroad shall also encourage such companies to assist, as appropriate, including in situations of armed conflict and natural disaster, host States in building capacities needed to address the corporate responsibility for the observance of economic, social and cultural rights.   The Committee is, therefore, determined to devote special attention obligations of States Parties related to corporate responsibilities in the context of the rights protected by the Covenant with a view to contributing to their full realization.   In order to enable an effective follow-up on the issues addressed in this Statement, the Committee calls on States Parties to include in their initial and periodic reports information on challenges faced and measures taken in relation to the role and impact of the corporate sector on the realization of economic, social and cultural rights. Other stakeholders are also encouraged to include relevant information into their presentations to the Committee, as appropriate. Visit the related web page
	Arrest of Serbian war crimes fugitive important step in fight against impunity says UN by UN News & agencies Bosnia and Herzegovina   26 May 2011   United Nations officials today welcomed the arrest of Serbian war crimes fugitive Ratko Mladic, long sought for his role in the atrocities committed during the Balkan conflicts of the 1990s, hailing it as an important step in the fight against impunity.   Mr. Mladic, the war-time leader of the Bosnian Serb forces, was arrested today in Serbia after evading capture for almost 16 years. He is awaiting transfer to The Hague, where he will stand trial before the International Criminal Tribunal for the former Yugoslavia (ICTY).   He faces numerous charges, including genocide, extermination, murder, persecutions, deportation, taking of hostages and inflicting terror on civilians, particularly in connection with massacre of up to 8,000 Muslim men and boys in Bosnia and Herzegovina in the supposedly “safe haven” of Srebrenica in July 1995 in one of the most notorious events of the Balkan wars.   “This is a historic day for international justice,” Secretary-General Ban Ki-moon said during an event in Paris. “This arrest marks an important step in our collective fight against impunity as well as for the work of the ICTY.”   He commended President Boris Tadic and the Serbian authorities for their efforts in apprehending Mr. Mladic. A separate statement issued by Mr. Ban’s spokesperson added that the arrest “sends a powerful message that those who are alleged to have committed crimes against humanity may try to evade justice but they will, in the end, be held accountable.”   The Prosecutor of the ICTY, Serge Brammertz, also highlighted the significant impact of today’s arrest for international justice.   “Ratko Mladic’s arrest clearly signals that the commitment to international criminal justice is entrenched. Today’s events show that people responsible for grave violations of international humanitarian law can no longer count on impunity,” he said in a statement.   “With the news of the arrest, we think first and foremost of the victims of the crimes committed during the conflicts in the former Yugoslavia. These victims have endured unimaginable horrors – including the genocide in Srebrenica – and redress for their suffering is long overdue.   “Ratko Mladic’s arrest is also significant for all people in the former Yugoslavia. We believe that it can have a positive impact on reconciliation in the region,” Mr. Brammertz added.   UN High Commissioner for Human Rights Navi Pillay hailed the arrest, saying it will be “welcomed by many of the people raped, made homeless, and tortured during the war, as well as by the relatives of the many thousands who were killed by forces under his command, most notably in Srebrenica.”   “I hope that Mladić’s trial, along with that of Radovan Karadzic, and the recent ICTY convictions of Ante Gotovina and Mladen Markac, as well as the dozens of earlier convictions, will help victims and their families see justice done and receive acknowledgement of their suffering,” Ms. Pillay stated in a news release.   The ICTY was tasked by the Security Council with trying those responsible for the worst war crimes and other breaches of international humanitarian law committed during the various conflicts in the former Yugoslavia in the 1990s.   “The arrest of Mladic is a milestone in the Tribunal’s history and brings the institution closer to the successful completion of its mandate, with 160 out of 161 indicted persons having now been arrested,” the Tribunal stated in a news release. With the arrest of Mr. Mladic, only one indictee – Goran Hadžic – now remains at large.   26 May 2011 (AFP)   Mladic, the top Bosnian Serb general during the 1992-95 Bosnian war, was captured in Serbia after about 16 years on the run. He is accused of genocide and other war crimes, including masterminding the massacre of some 8,000 Muslim men and boys at Srebrenica in 1995.   Sabaheta Fejzic, who lost her 16-year-old son and her husband in Srebrenica, said she was not very happy when she heard he was arrested because it took so long. "Serbia protected him all this time and he enjoyed life for so long," she said. "He was supposed to be arrested years ago to sit in jail for all the crimes he committed."   In Sarajevo, Bakir Izetbegovic, the Muslim Bosniak member of Bosnian three-member presidency, said: "It is an important day for the future ofBosnia-Herzegovina, Serbia and the whole region. We can say justice is slow, in this case too slow, but it comes."   "The decisiveness Serbia showed with this arrest gives us reason to believe that we are opening a new chapter in our relations and it will help a part of the Serbian public to face the truth about the past," he said. But Izetbegovic also called Mladic a coward who "had the courage to order the execution of thousands of boys but no courage to face charges".   Munira Subasic, leader of a group of victims family members, was pleased. But she also said: "I"m sorry for all the victims who are dead and cannot see this day."   Haris Silajdzic, Bosnia"s wartime prime minister and foreign minister, welcomed the arrest. The arrest "is good news for justice, good news for the families of the victims of genocide, the victims of ethnic cleansing and crime who suffered under Mladic and his political superiors. But the bad news is that the project he has been working for is still alive," Silajdzic said.   Ejup Ganic, a former member of Bosnia"s wartime presidency, accused Serbia of knowing where Mladic was hiding but delaying his arrest until it knew that would advance Serbia"s goal of one day being admitted to the European Union.   Gen Mladic was indicted by the UN war crimes tribunal in The Hague in 1995 for genocide over the killings that July at Srebrenica - the worst single atrocity in Europe since World War II - and other crimes. Visit the related web page
	View more stories