HUMAN RIGHTS COUNCIL HEARS PRESENTATION BY THE WORKING GROUP ON HUMAN RIGHTS AND TRANSNATIONAL CORPORATIONS

The Human Rights Council this afternoon heard a presentation by the Working Group on the issue of human rights and transnational corporations and other business enterprises on the sixth Forum on Business and Human Rights, held from 27 to 29 November 2017. It then began its general debate on human rights bodies and mechanisms.

Presenting the report, Anita Ramasastry, Chair of the Working Group on the issue of human rights and transnational corporations and other business enterprises, explained that the theme of the 2017 Forum was realizing access to effective remedy for victims of adverse human rights impacts of business-related activities. The Forum had also considered the role of human rights defenders and the integration of gender issues into the agenda. Forum discussions identified a number of areas where progress was being made, Ms. Ramasastry said. There was wide agreement that States were not doing enough to meet their duty to protect. It was necessary to strengthen sensitivity towards the diverse experiences of all human rights holders. A human rights lens must be injected in the core of businesses and of State economic policies. States must not see human rights as a deterrent to economic development. Instead, upholding human rights was an enabler in achieving sustainable development.

In the ensuing general debate on human rights bodies and mechanisms, speakers said that countries had to promote enabling and conducive environments for businesses to grow but also had to abide by the United Nations Guiding Principles on Business and Human Rights. The right to effective remedy was one of the fundamental principles of international human rights law. The multi-dimensional efforts of all States were needed for drafting laws, developing policies and fostering international cooperation in that area. Speakers voiced hope that the recently presented Management Plan would further demonstrate the ability of the Office of High Commissioner for Human Rights to adapt to increasing expectations and responsibilities, showing the continued relevance of human rights mechanisms and country-level engagement.

Speaking were Pakistan on behalf of the Organization of Islamic Cooperation, Togo on behalf of the African Group, Brazil on behalf of a group of countries, Bulgaria on behalf of the European Union, and Uruguay on behalf of a group of countries.


The Council will next meet on Thursday, 28 June at 9 a.m. to continue the general debate on human rights bodies and mechanisms. It will then proceed with the adoption of the outcomes of the Universal Periodic Review of France, Tonga, Romania, Mali, Botswana, Bahamas, and Burundi.


Documentation

The Council has before it the Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises on the sixth session of the Forum on Business and Human Rights (A/HRC/38/49).

Presentation by the Working Group on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises

ANITA RAMASASTRY, Chair of the Working Group on the issue of human rights and transnational corporations and other business enterprises, said the report contained key messages and discussion highlights on the sixth annual Forum on Business and Human Rights, which was the largest gathering on the subject and in 2017 saw some 2,500 participants from around the world. The agenda was being recognised as increasingly important. The theme of the 2017 Forum was realising access to effective remedy for victims of adverse human rights impacts of business-related activities. The Forum also considered the role of human rights defenders and the integration of gender issues into the agenda. The Working Group highlighted recommendations that States should have remedy mechanisms, rights holders must be at the heart of the issue, and efforts must enhance State-to-State cooperation.

Forum discussions identified a number of areas where progress was being made. There was wide agreement that States were not doing enough to meet their duty to protect. Moving forward, there was a need to strengthen sensitivity towards the diverse experiences of all rights holders. A human rights lens must be injected in the core of businesses and of State economic policies. States must not see human rights as a deterrent to economic development. Instead, upholding human rights was an enabler in achieving sustainable development. Several Forum sessions reiterated that indigenous people had the right to speak up when business activities affected them negatively.

The role of the Forum in providing a venue for global multi-stakeholder dialogue was welcomed across all stakeholder groups. The theme for the 2018 Forum would be “Business respect for human rights – building on work”. The Working Group would do its utmost within the constraints of limited resources to continue to explore how the Forum could have an impact.

General Debate on Human Rights Bodies and Mechanisms

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that countries had to promote enabling and conducive environments for businesses to grow but also had to abide by the United Nations Guiding Principles on Business and Human Rights. The way businesses were regulated had a direct impact on the extent to which a Government could promote socio-economic rights and sustainable development in its country. The 2030 Sustainable Development Agenda had to be supported with adequate funding as it was providing concrete objectives and targets, and sustainable development had to be coupled with the protection of human rights and the environment.

Togo, speaking on behalf of the African Group, said that the right to effective remedy was one of the fundamental principles of international human rights law. The implementation of such measures had been slow and victims of international businesses had to be allowed to exercise their rights. However, the multi-dimensional efforts of all States were needed for the drafting of laws, the development of policies, and the fostering of international cooperation in this area. The African Group believed that an international legally binding document in this area would complement existing gaps.

Brazil, speaking on behalf of a group of countries, said that the Council’s work had to be guided by the principles of universality, impartiality, objectivity and non-selectivity. Dialogue was important to understand the challenges that States might face to fully implement their human rights obligations and to guide the Council to make meaningful recommendations. By actively seeking broad dialogue and engagement on all resolutions, be they country specific or thematic, the Council could improve the efficiency and sustainability of solutions.

Bulgaria, speaking on behalf of the European Union, expected that the recently presented Management Plan would further demonstrate the ability of the Office of the High Commissioner for Human Rights to adapt to increasing expectations and responsibilities, showing the continued relevance of human rights mechanisms and country-level engagement. All States were urged to respond to cases of alleged reprisals and to provide information to the Council on measures taken to prevent acts of intimidation. The sixth session of the Forum on Business and Human Rights was a unique space for exchanges among all stakeholders.

Uruguay, speaking on behalf of a group of countries, reaffirmed the importance of strengthening cooperation between States and Special Procedures. More must be done in order to preserve the quality of debates within already limited time slots reserved for Special Procedures. The group of countries expressed concern over intimidation and threats directed at mandate holders and those who cooperated with them.


For use of the information media; not an official record

HRC18/097E