Human Rights First | Workers Rights - Corporate Accountability | Statement of Human Rights First On the Resolution of the Commission on Human Rights Calling for a Special U.N. Representative on Business and Human Rights

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International Norms on Transnational Business

Statement of Human Rights First On the Resolution of the Commission on Human Rights Calling for a Special U.N. Representative on Business and Human Rights

Human Rights First welcomes the U.N. Commission on Human Rights’ overwhelming support for the appointment of a special representative on issues of business and human rights. The Commission’s 49-3 vote on April 20 requests the Secretary-General to appoint a special representative for an initial period of two years. The resolution (PDF- 22KB) reflects a growing consensus on what companies should do to promote and protect human rights.

This resolution, and the appointment to come, mark the logical next steps in the process of high-level consideration of critical business and human rights issues. This latest decision builds on the recent work of the Office of the High Commissioner for Human Rights (OHCHR) and the earlier efforts of the Sub-Commission for the Promotion and Protection of Human Rights in drafting the U.N. Norms on the Responsibilities of Transnational Corporations and other Business Enterprises with Regard to Human Rights. The U.N. Norms are the most comprehensive statement to date detailing the human rights standards applicable to business.

Although there has been increased attention to the human rights responsibilities of business in recent years, significant gaps remain with respect to clarifying their international legal responsibilities. The Special Representative will seek to identify standards of corporate accountability; address concepts such as “complicity” and the extent of a company’s “sphere of influence”; clarify the role of the state in protecting human rights in the business arena; build methodologies for human rights impact assessments with regard to business activities; and develop a list of “best practices” in this area.

Human Rights First supports efforts to develop more comprehensive and specific guidance on how human rights standards apply to business and to identify mechanisms to ensure companies are held accountable to these standards. We have engaged with the Commission, the Office of the High Commissioner, and before that with the Sub-Commission, in support of their efforts. Read submission letter. (PDF - 31KB)

We also welcome the leadership of some businesses in developing and implementing mechanisms to monitor, and in turn improve on, their own human rights performance. In this regard, we have benefited from our active engagement in the Fair Labor Association (FLA) since its inception; the FLA represents a leading effort to develop and implement independent monitoring as well as compliance and remediation measures, and to achieve greater transparency through public reporting. Our ongoing work in this area is part of our broader mission in helping strengthen legal mechanisms that promote human rights accountability.

While international human rights law properly has focused to date primarily on the responsibilities of states, today half of the major economics of the world are corporations, not states, which are in the words of the OHCHR “accountable for the impact of their policies on human rights . . .” The resolution of the Commission calling for the appointment of a special representative is reflective of this growing expectation of the global community concerning the centrality of human rights issues pertaining to business.

Human Rights First looks forward to working with other stakeholders to ensure that the appointed representative has the necessary expertise, independence, and human rights background to address the key issues of corporate accountability, is able to consult broadly with all interested parties, and can make meaningful recommendations to the Commission on next steps.

While we regret that the United States chose to cast one of only three votes against the Commission’s resolution, we look forward to working with U.S. Government officials, as well as representatives of other governments, international institutions, business, and non-profit organizations in support of the work of the special representative – to ensure that the representative has the mandate needed to play an effective role in helping advance responsible global business practices.