HUMAN RIGHTS COUNCIL CONCLUDES ITS INTERACTIVE DIALOGUE ON TRANSNATIONAL CORPORATIONS AND HUMAN RIGHTS, AND ON MIGRANTS

The Human Rights Council this morning concluded its clustered interactive dialogue with Michael K. Addo, Chair of the Working Group on the issue of human rights and transnational corporations and other business enterprises, and with François Crépeau, Special Rapporteur on the human rights of migrants.

Concerning transnational corporations and other business enterprises, several delegations focused their comments on the role of small and medium-sized businesses and said they needed to be better informed about the Guiding Principles on Business and Human Rights. Noting that States remained responsible for human rights, it was also important that companies took responsibility in that regard. Access to remedy in the context of human rights and transnational corporations remained the major concern of some speakers. Another concern was how businesses could help human rights defenders and civic space.

Regarding migration, several speakers said migration enriched societies. Migration was not a crime, and it was urgent to debunk negative visions of migrants. It was noted that the inclusion of migration in the Sustainable Development Goals demonstrated that the migration issue was one of the greatest of our time. It was also said that combatting trafficking in persons was of utmost importance and relevant results could be achieved by working in close collaboration with the International Organization for Migration. It was also suggested that the international community should adopt an international instrument that would deal with discrimination and hate speech against migrants.

In closing remarks, Mr. Addo noted that the effective implementation of the Guiding Principles would help avoid adverse impacts. Every stakeholder had a role to play in the implementation of the principles. Access to remedy was a subject that would be given serious focus, as was the issue of the gender aspects to the Working Group’s work. A number of initiatives would be taken on how to respond to the work of human rights defenders.

Mr. Crépeau, in concluding remarks and taking the floor for the last time as his holding of the mandate was ending, said that, in line with the Sustainable Development Goals, political, social, economic and democratic development policies would help address the root causes of migration. There was an urgent need for a change in the vision of migration so as to ensure that mobility would be seen as a chance to spear opportunities and encourage skills transfers. “Mobility had to been seen as a driver of development” rather than a hindrance.

The two Experts presented their reports to the Council on Thursday, 8 June and a summary of their comments can be found here.

Speaking in the interactive dialogue were Mexico, Spain, Switzerland, El Salvador, Togo, Ethiopia, Germany, Pakistan, France, Malta, Venezuela, Peru, China, Egypt, Algeria, Colombia, Thailand, Djibouti, Afghanistan, Netherlands, South Africa, Tunisia, Costa Rica, Mozambique, Ecuador, Sovereign Order of Malta, Bolivia, Burkina Faso, Iraq, Georgia, India, Indonesia, Bangladesh, State of Palestine, Côte d’Ivoire, Council of Europe, The former Yugoslav Republic of Macedonia, United Kingdom, Nepal, Israel, Honduras, Armenia, Sudan, Brazil, Iran and Azerbaijan.

The following non-governmental organizations also spoke: Alsalam Foundation, International Detention Coalition (joint statement), Peace brigades International Switzerland, Franciscans International, International Service for Human Right, World Evangelical Alliance, International Volunteerism Organization for Women Education and Development, Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, Asociación Civil, International Commission of Jurists, Conectas Direitos Humanos, Asian Forum for Human Rights and Development, Dominicans for Justice and Peace, Association pour l’Intégration et le Développement Durable au Burundi, Liberation and Conseil International pour le soutien à des procès équitables et aux Droits de l’Homme.

At noon, the Council will hold separate interactive dialogues with the Working Group on the issue of discrimination against women in law and in practice, and with the Special Rapporteur on trafficking in persons, especially women and children.

Clustered Interactive Dialogue with the Chair of the Working Group on Transnational Corporations and the Special Rapporteur on Migrants

Mexico noted that migration was not a crime and could considerably contribute to the growth of national economies. As such, the mutual benefits of human mobility should be recognized and the vision of migrants as human beings should be promoted. Mexico invited all States to promote a long-term vision based on human rights to elevate the human rights standards for migrants. Spain welcomed the presentation of the Special Rapporteur’s report, outlining that small and medium-sized enterprises represented a considerable part of national supply chains. Promoting the mechanisms of the Working Group would provide for long-lasting response to the difficulties represented by the great variety of small and medium-sized enterprises. Switzerland said that a national action plan was adopted last year by the Federal Council in order to encourage enterprises to abide by the law and respect human rights. Switzerland praised the report on the issue of the human rights of migrants as a crucial contribution to the negotiations on the Global Compact on Migration.

El Salvador agreed that the inclusion of migration in the Sustainable Development Goals demonstrated that the migration issue was one of the greatest of our time. There was an urgent need to put an end to the migration of children and to debunk any negative vision of migrants. The Global Compact would facilitate mobility and encourage countries to work collaboratively. Togo said it was undeniable that States remained responsible for human rights. But it was also important that companies fulfilled their responsibility in respecting human rights. The Guiding Principles on Business and Human Rights were an excellent tool in that regard and their implementation should be allowed by the adoption of national action plans.

Ethiopia said migration and mobility were natural phenomena, which were not limited to humans—birds and other animals migrated, too, hence trying to constrain it was unnatural. Ethiopia condemned the suffering of migrants around the world, and asked the Special Rapporteur to elaborate on the Sustainable Development Goals aligned with his mandate. Germany said it had founded a new governmental division regarding business and human rights. Concerning migrants, it was clear that securing the human rights of all migrants should be a top priority, alongside tackling irregular migration; the Special Rapporteur was asked which strategies seemed most promising to reframe migration for public support.

Pakistan appreciated the suggestion that governments had a responsibility to raise awareness and noted that the Guiding Principles applied to all enterprises. Regarding migration, much needed to be done, and the Special Rapporteur was asked whether the 2030 Agenda for Sustainable Development might result in the dissolution of borders. France said it had published its national action plan, giving special attention to small and medium-sized businesses. The Global Compact on safe migration was part of a general human rights approach to migration. Malta said it had experienced since 2002 an influx of migrants, and with the adoption of the Malta Declaration, the European Union Heads of State had agreed on a plan for Libya. Demand for smugglers’ services had to be reduced, and countries of origin, transit and destination had to come together. Venezuela said the Working Group should give priority to combatting systematic violations of norms. Venezuela condemned the criminalization of irregular migration, and the Global Compact should facilitate a social policy which ensured regular, safe and orderly migration.

Peru said it was committed to the implementation of the Guiding Principles and to ensure that enterprises would lead their activities in harmony with human rights international standards. On migration policies, Peru praised the Global Compact as a robust contribution to safer mobility. It also represented an adequate tool that would help dealing with illegal trafficking of migrants. China underscored that important decisions had been adopted with the aim of implementing key reforms to elevate the existing safeguards that prevented the violation of human rights by companies. China shared the commitment to implementing the Guiding Principles on Business and Human Rights. Combatting trafficking in persons was of utmost importance and relevant results could be achieved by working in close collaboration with the International Organization for Migration. Egypt said it was urgent to adopt an international instrument that would prevent the violation of the basic human rights of migrants, deal with discrimination and hate speech, and also tackle the root causes of migration and provide legal tracks for dealing with migration. It took note that small and medium-sized enterprises highly contributed to national economies.

Algeria said that countries of origin and destination should work collaboratively to identify the factors triggering migration and tackle them. Tragedies in the Mediterranean Sea should not hide other tragedies, notably in the Sahel region where migrants were risking their lives in the Saharan desert. It was also important to impede restrictive measures to illegal migration to become human disasters in themselves. Colombia said that the responsibility to protect the human rights of migrants should be a priority for the States that needed to be consistent with the Sustainable Development Goals. It was necessary to reach orderly migration in order to avoid any risks of criminalization of migrating persons.

Thailand said it was important to promote the United Nations Guiding Principles among small and medium-sized enterprises, given that they made up an important part of Thailand’s economy. As for migrants, Thailand underlined the importance of a more positive image of migrants in the country, which was fact-based. Djibouti echoed the Special Rapporteur’s appeal to protect migrants and to facilitate human mobility by 2035, in parallel with the 2030 Agenda for Development. The protection of the human rights of migrants was a duty for all States. Afghanistan called on all countries to accord Afghan migrants the same human rights as all other peoples had, urging countries of destination to develop and implement a human rights-based approach to migration and border management. Netherlands noted that access to remedy in the context of human rights and transnational corporations remained its major concern. Another concern was how businesses could help human rights defenders and civic space.

South Africa welcomed the focus on human rights and small and medium-sized enterprises. However, it would be a travesty of justice to conflate locally registered businesses with transnational corporations operating in multiple jurisdictions. As for migration, its root causes should be adequately addressed. Tunisia noted that the proposal and modalities of the Global Compact on Migration should be closely analysed, given the importance of migrants in the modern world, and since migration was an important factor of economic growth and development. Kenya said that it was critical for businesses to develop a culture of human rights. Its national action plan faced challenges due to the resistance of businesses in Kenya. As for migration, the human rights of migrants should be protected without any discrimination.

Costa Rica said the adoption of the Global Compact would not be the end of the process, but it had to ensure that migration was dealt with from a comprehensive point of view. Protection and defence mechanisms had to operate equally for all migrants, and there should be no discrimination among migrants on any basis. Mozambique thanked the Working Group, saying its members should pay more attention to activities in their own countries. Ecuador said small and medium-sized enterprises should respect national laws as part of their duties to respect human rights. Regarding migration, a purely security-based approach was not enough, and at the end of the day, the migrant was always a human being. Sovereign Order of Malta said the Global Compact was an unprecedented opportunity for the international community to assist people on the move, including the most vulnerable. It was necessary to give special attention to those seeking protection from discrimination. Bolivia said migrants contributed to economic growth in whatever countries they went to, and they had a minimal impact on unemployment in those countries. Migrants contributed more through their taxes than what they took away in the form of services. Burkina Faso said that in a context marked by increased migratory movements, the human rights of all migrants needed to be respected, yet each country should carry out ambitious reforms to strengthen the migratory regime.

Iraq stated that migrants had received insufficient attention from the international community so far. Tragedies were happening every day before the international community’s eyes as movements from one country to another escalated. In destination countries, migrants were met with discrimination, exclusion and hate speech and this needed to be dealt with urgently. Georgia reminded that migration was a historical phenomenon that had deeply shaped societies on various occasions in the past. The international community needed to be more creative and interactive in order to ensure safe and accessible channels to migrating populations. India outlined that the Global Compact for safe, orderly and regular migration would offer adequate ways for States to develop clear, long-term and evidence-based migration policies for the protection of the human rights of all migrants. India also supported a fairer approach to labour migration governance. Indonesia recalled that more than 6 million of its citizens were living outside Indonesia and had to endeavour difficult processes of migration. Indonesia praised the 2035 Agenda as a relevant instrument to facilitate legal and safe migration. It emphasized that the Global Compact needed to be in harmony with other international instruments.

Bangladesh noted that the proposed 2035 Agenda for facilitating human mobility highly contributed to establishing a long-term strategic approach to develop human rights based migration policies. Ensuring more legal pathways for facilitating regular migration was key to combatting irregular and dangerous human mobility. State of Palestine noted that all business enterprises were expected to exercise human rights due diligence. However, a number of Israeli and multinational enterprises had linked their business operations to Israel settlements in occupied Palestine. Côte d’Ivoire deplored the low involvement of small and medium-sized enterprises in the international discussions related to the implementation of the Guiding Principles on Business and Human Rights. On migration, Côte d’Ivoire emphasized the need to link the Global Compact to effective development policies.

Council of Europe recognized the crucial importance of the United Nations Guiding Principles on Business and Human Rights. The Council of Europe’s Committee of Ministers sought to target potential loopholes in the Principles, with specific focus on marginalized groups, such as workers and children. The former Yugoslav Republic of Macedonia stated that the Global Compact should be seen as the beginning rather than the end of the process. As a transit country for some 1.4 million migrants, it stressed that it had worked to manage the migrant crisis with its international partners. United Kingdom stood firmly committed to the protection of and respect for the human rights of migrants. The discussion should focus on destination countries, but also on human rights abuses in origin countries. More focus should be put on the push factors of migration. Nepal stated that the dignity and positive potential of migrants should come at the centre stage of consideration, especially low-skilled and semi-skilled workers, as well as women and children. Exploitative and abusive practices in migration cycles should be given particular attention.

Israel said that although it commended some conclusions of the Special Rapporteur, it wondered about the risk that the proposal on Agenda 2035 would influence the discussion among States on the Global Compact. What was the interaction among the Global Compact, Agenda 2035 and the Sustainable Development Goals? Honduras noted that migration was crucial for economic, social and cultural development. There was a need for a change of the narrative that portrayed migration as something negative, as well as a need for a focus on human beings. It was time to move from discourse to action. Armenia stated that its Government had drafted a migration policy, and it had been working with partners to better manage illegal and labour migration. Referring to the 2030 Agenda for Development, it noted that better planned migration policies would significantly increase the economic potential of developing countries.

Sudan noted that it was a destination and transit country for migrants, with many nationalities of migrants living in Sudan. Providing services to migrants without discrimination benefited people. Brazil welcomed the Special Rapporteur’s initiative to present an agenda for facilitating human mobility. Brazil supported the promotion of regular pathways of admission and the regularization of undocumented migrants that was essential to guarantee a human rights approach to the Global Compact. Iran said the inclusion of lesbian, gay, bisexual and transgender persons among the groups of migrants that were vulnerable was not within the internationally agreed human rights legal framework, and requested the Office of the High Commissioner for Human Rights to remove references to lesbian, gay, bisexual and transgender persons from the groups in vulnerable situations in those guidelines. Azerbaijan said that regrettably, not all business entities obeyed legislation and international law, and some carried out activities in the occupied areas of Azerbaijan. Such illegal economic activities ran contrary to the human rights obligations of States, yet had become a lucrative business for Armenia.

Alsalam Foundation said the Saudi Arabian “kafala” or sponsorship work system required foreign workers to be legally bound to their employers/sponsors. Employers regularly confiscated passports, withheld wages, and physically or sexually abused workers. International Detention Coalition, in a joint statement with Save the Children International,
Franciscans International, and Caritas Internationalis (International Confederation of Catholic Charities), said the thematic report of the Special Rapporteur was a timely contribution to the current global discussions on migration, and expressed hope that it would be relied on in the context of the Global Compact for Safe, Regular and Orderly Migration.

Peace brigades International Switzerland voiced concern about the repeated criminalization of minority groups defending their land in Mexico. It was urgent to strengthen the national protection mechanism for journalists and human rights defenders and to establish protection measures tailored to the ethnicity of criminalized persons. Peace brigades International Switzerland urged Mexican authorities to adopt a public declaration ensuring zero tolerance towards such crimes. Franciscans International expressed concern about the highly precarious situation of asylum seekers in the regional processing centre in Manus Island in Papua New Guinea. Also particularly worrisome was the situation in the regional processing centre in Nauru, where the Australian Government had failed to disclose findings to the parliamentary inquiry regarding allegations of sexual assaults.

International Service for Human Right called for the adoption of national plans of protection for the defenders of human rights who were facing harassment and threats on a daily basis. There was an urgent need to recognize the rights of indigenous populations to enjoy their full self-determination, autonomy and free access to their land. World Evangelical Alliance expressed concern about the use of long-term detention by States in order to deter migration. It was apparent that the durable solutions available to refugees were failing to help 99 per cent of them. It was thus important to encourage States to increase resettlement quotas. International Volunteerism Organization for Women Education and Development (VIDES), in a joint statement with Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco, noted that there was a lack of sufficient policies to support migrant youth. It called on States to provide an increased enrolment of youth migrants in technical and vocational training to favour labour participation and productive employment in decent jobs. Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, Asociación Civil highlighted that it was urgent to bring in economic investment with appropriate safeguards for human rights international standards. Companies were responsible for respecting human rights independently of their capacities, sizes and the position of the States where they operated.

International Commission of Jurists agreed that a global approach was needed to address corporate impunity and said it supported the Working Group’s recommendation to adopt adequate legal frameworks to that end. As for migration, it supported effective access to justice for all migrants. Conectas Direitos Humanos stated that the political turmoil in Brazil had intensified, with attacks against environmental and human rights frameworks. Interest groups in the Congress and the executive branch had rushed through a package that would make the country regress in the protection of rights. Asian Forum for Human Rights and Development drew attention to the violation of human rights of workers by Samsung in the Republic of Korea, namely health hazards in the workplace and the dangerous effect of methanol. The Government should take responsibility for such cases because human lives were more important than profit. Dominicans for Justice and Peace voiced concern that Mexico was prioritizing the economic interests of transnational corporations over the protection of the human rights of its people, especially vulnerable groups, such as agricultural workers and indigenous communities.

Association pour l’Intégration et le Développement Durable au Burundi noted that migrants in India largely worked in informal sectors in the north-east of the country, and that illegal migrants sometimes enjoyed preferential treatment vis-à-vis local citizens. It urged the Council to communicate with the Government of India on the negative effects of illegal migrants on Indian citizens. Liberation drew attention to the issue of illegal migrants in India. The informal sector lacked rules, which resulted in multiple forms of deprivation. It urged the Council to pay due attention to the rights of migrant workers in India. Conseil International pour le soutien à des procès équitables et aux Droits de l’Homme said transnational corporations were the vehicle for international investments, which was the engine of globalisation. Strengthening the partnership between the United Nations and transnational corporations was essential.

Concluding Remarks

MICHAEL K. ADDO, Chair of the Working Group on the issue of human rights and transnational corporations and other business enterprises, said the effective implementation of the Guiding Principles on Business and Human Rights would help avoid adverse impacts. Every stakeholder had a role to play in the implementation of the principles. Access to remedy was a subject that would be given serious focus, as was the issue of gender aspects to the Working Group’s work. A number of initiatives would be taken on how to respond to the work of human rights defenders. Responding to questions raised by delegations and by civil society groups, he said to the European Union delegation that States considered transboundary hazardous waste and trafficking as a priority, but noted that the issues were also human rights issues. Responding to Cuba, he said there was always a good opportunity to prosecute cross-border cases, but far more progressive was the establishment of informal networks across boundaries. There was also a question on the informal nature of many small and medium-sized businesses and prospects for moving them from the informal to the formal sector. A manual had been developed for Governments and the International Labour Organization worked to strengthen management skills through the adoption of good practices. Responding to civil society groups’ questions, he said communications sparked internal discussions within countries. Responding to the civil society representative who had been blinded by methanol while working for Samsung, he said assurances had been made by the company and by the Republic of Korea that responsibility would be accepted, expressing hope that the conversation about redress for such victims would be reopened.

FRANÇOIS CRÉPEAU, Special Rapporteur on the human rights of migrants, stressed that, in line with the Sustainable Development Goals, political, social, economic and democratic development policies would help address the root causes of migration. There was an urgent need for a change in the vision of migration so as to ensure that mobility would be seen as a chance to spear opportunities and encourage skills transfers. Mobility had to been seen as a driver of development, rather than a hindrance. The media played a key role in this perspective. Mr. Crépeau also highlighted that the reduction of administrative detentions and the decriminalization of illegal migration would encourage migrants to speak out for their rights. It was important to provide civil society and working unions with sufficient means to help migrants and denounce exploitative behaviour. The Special Rapporteur also recalled that the police was there to serve and protect and should not adopt a coercive posture that would deter migrants from establishing contacts with security forces. Access to justice was also key and it was important to provide competent lawyers with adequate funding in order to ensure the effective defence of the rights of migrants.

MOUAYED SALEH, Vice-President and Rapporteur of the Human Rights Council, thanked Special Rapporteur Crépeau for his mandate and wished him all the best in his future endeavours.


For use of the information media; not an official record