Draft U.N. Human Rights Principles and Responsibilities for Transnational Corporations and Other Business Enterprises

Origin and Purpose .   This document, which is in the drafting process, was commissioned by the UN as an addendum to the UN Universal Declaration of Human Rights. Its purpose is to indicate that there are some rights that can and should be provided for by business organizations “as organs of society,” although governments have the primary responsibility to promote and protect human rights.

Critical Content.   The Draft consists of seven broad rights principles, followed by a set of implementation guides and definitions.   Each of the broad rights principles is further articulated by sub-paragraphs and commentaries aimed at making the principles clearer and more specific.

A.       General Obligations .   While governments have the primary obligation to promote internationally recognized human rights, transnational corporations and other business enterprises also have the obligation to promote international human rights within their respective spheres of activity and influence.  

B.       Right to Equal Opportunity and Treatment .   Business enterprises shall pursue policies which ensure equality of opportunity and treatment, for the purpose of eliminating discrimination based on race, color, sex, religion, political opinion, nationality, social origin, social status, indigenous status, disability, age (over the age of majority), marital status, capacity to bear children, pregnancy, sexual orientation, genetic features, or other status of the individual unrelated to the individual’s ability to perform his/her job.

C.      Right to Security of Persons .   Business enterprises shall not engage in nor benefit from war crimes, crimes against humanity, genocide, torture, forced disappearance, forced or compulsory labor, hostage-taking, abuses in internal armed conflict, and other international crimes against the human person.

D.     Rights of Workers.   Business enterprises shall not use forced or compulsory labor, shall respect the rights of children to be protected from economic exploitation, shall provide a safe and healthy working environment, and shall compensate workers with remuneration that ensures a lifestyle worthy of human existence for workers and their families in the context of their circumstances.   They shall also ensure freedom of association and effective recognition of the right to collective bargaining.

E.       Respect for National Sovereignty and Local Communities.   Business enterprises shall recognize and respect applicable laws and authority of the countries in which the businesses operate, in so far as they do not conflict with international human rights standards.   They shall not engage in bribery or seek/give improper advantage from/to any government, government official, or candidate for elective post.   In addition, businesses shall respect a community’s rights to health, adequate food, and adequate housing, and refrain from actions that obstruct the realization of those rights.   Businesses shall also respect other rights, such as rights to education, rest and leisure, and participation in the cultural life of the community.   Also civil and political rights, such as freedom of movement; freedom of thought, conscience, and religion; and freedom of opinion and expression.

F. Obligations with regard to Consumer Protection.   Business enterprises shall act in accordance with fair business, marketing, and advertising practices and should take all reasonable steps to ensure the safety and quality of the goods and services they provide.

G.      Obligations with regard to Environmental Protection.   Business enterprises shall carry out their activities in accordance with laws and policies relating to the preservation of the environment of the countries in which they operate and shall generally conduct their activities in a manner contributing to the wider goal of sustainable development.

Implementation.   The Draft calls for business enterprises to be subject to verification of compliance with these Principles in a manner that is independent, transparent, and includes input from relevant stakeholders.   E ach company shall adopt, disseminate, and implement its own code of conduct or shall take other adequate measures to afford at least the protections set forth in these Principles.    Business enterprises shall assess their major activities to determine their human rights impact in light of these Principles and such assessments shall be subject to verification in a manner that is independent, transparent, and includes input from relevant stakeholders.

Note.   The Draft is under review by the Subcommission on the Promotion and Protection of Human Rights, a subsidiary body of the U.N. Commission on Human Rights. At the time of writing, the Draft will next be considered during the Subcommission’s fifty-fourth session, to be held on July 30-31 in Geneva, Switzerland.

To view this code in its entirety, please visit:http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/396b1b56d0124306c1256bdc0038bcfa?Opendocument

14 May 2002