un human rights norms under
attack by business
corporate
europe
observatory
"From a Shell perspective, we don't
find the Norms helpful."
Robin Aram, Shell's Vice President of
External Relations and Policy Development,
2004.
In 2003, the UN Commission on Human
Rights (UNCHR) put forth a proposal for
Norms on Business and Human Rights. If
approved next year, the Norms will make the
human rights obligations of transnational
corporations explicit, and suggest further
steps towards corporate accountability.
In response, corporate lobby groups such
as the International Chamber of Commerce
(ICC) launched a fierce counter-campaign
aiming to kill off the proposal, with
self-proclaimed corporate social
responsibility pioneer Shell in a leading
role. The US and the UK governments have
also adopted hostile positions towards the
Norms.
The Norms, a compilation of the social,
economic and environmental obligations for
transnational corporations, was drafted by
a respected body of 26 human right experts
from around the world. While confirming
that states have the main responsibility to
protect human rights, the Norms also oblige
business to "within their sphere of
activity and influence" refrain from
activities that directly or indirectly
violate human rights, as well as to
actively promote and protect these
rights.
Although the Norms do not have the
status of a formal UN treaty, the proposal
moves beyond pure voluntarism and includes
the creation of a new implementation
mechanism. The text suggests that breaches
in the Norms can result in compensation to
the victims. While the enforcement
mechanism is still only a proposal, this is
what has caused most outrage among business
lobby groups.
As Stefano Bertasi from the ICC
explains: "We see them [the Norms] as
conflicting with the approach taken by
other parts of the UN that seek to promote
voluntary initiatives." The ICC greatly
prefers the UN's Global Compact, which it
helped to prepare. The Compact states nine
very general principles concerning human
rights, labor and environment to which
companies can sign on, but lacks any
meaningful monitoring or enforcement
system. The failure of the Compact to
prevent rights abuses by corporations is
now becoming increasingly apparent.
more information:
Shell Leads International Business
Campaign Against UN Human Rights Norms,
Corporate Europe Observatory:
www.corporateeurope.org/norms.html
Full text of the UN Norms:
www.unhchr.ch/Huridocda/Huridoca.nsf/0/64155e7e8141b38cc1256d63002c55e8?Opendocument
