WUNRN
People’s Forum on
Human Rights and Business,
Joint
Statement: Call for an
International Legally Binding Instrument on Human Rights, Transnational Corporations
and Other Business Enterprises
This
joint statement, endorsed by the organisations listed below, was drafted by
participants in the first annual Peoples' Forum on Human Rights and Business.
The Forum was convened jointly by ESCR-Net and Forum-Asia from 5 to 7 November
in
We, the undersigned organisations,
Concerned about the
continuing abuses and violations of human rights occurring all over the world
which directly or indirectly engage the responsibility of business enterprises;
Concerned also that
such abusive conduct often disproportionately impacts women, who comprise the
majority of workers in the most vulnerable sectors, peasants, indigenous
peoples, persons living in poverty, children among others, and especially
concerned by the fact that justice is denied to those who suffer harm,
Considering the
invaluable work done by human rights defenders and organisations, trade unions,
indigenous rights and women rights defenders and others defending and
protecting human rights in the face of corporate-related abuses,
Concerned at the
incidence of attacks, harassment, restrictions, intimidation and reprisals
against these human rights defenders,
Considering the
initiatives taken by some States within and outside the United Nations human
rights bodies as well as the action and work undertaken by human rights experts
and bodies of the United Nations to provide better protection of human rights
in the context of business operations,
Recalling existing
States’ obligations under global and regional human rights treaties and the
need to implement and complement those treaties to make them effective in the
context of business transnational operations,
Convinced of the
need to enhance the international legal framework, including international
remedies, applicable to State action to protect rights in the context of
business operations, and mindful of the urgent need to ensure access to justice
and remedy and reparations for victims of corporate human rights abuse,
1. Call upon the States to elaborate
an international treaty that:
a) Affirms the applicability of human
rights obligations to the operations of transnational corporations and other
business enterprises;
b) Requires States Parties to monitor
and regulate the operations of business enterprises under their jurisdiction,
including when acting outside their national territory, with a view to prevent
the occurrence of abuses of human rights in the course of those operations,
c) Requires States
Parties to provide for legal liability for business enterprises for acts or
omissions that infringe human rights;
d) Requires States Parties to provide
for access to an effective remedy by any State concerned, including access to
justice for foreign victims that suffered harm from acts or omissions of a
business enterprise in situations where there are bases for the States involved
to exercise their territorial or extraterritorial protect-obligations.
e) Provides for an international
monitoring and accountability mechanism.
f) Provides for protection of
victims, whistle-blowers and human rights defenders that seek to prevent,
expose or ensure accountability in cases of corporate abuse and guarantees
their right to access to information relevant in this context
2. Call on the United Nations Human
Rights Council to take step towards the elaboration of this treaty, and to that
end establish an open ended working group tasked with a drafting mandate.
3. Call on civil society
organisations to take measures towards the establishment of a joint initiative
to achieve the objective of a legally binding instrument within the United
Nations without delay.
November 2013
Signatories (as at Dec 2, 2013)
Accountability
ADC
ADHOC (
AGORA Espacio Civil,
African Law Foundation (AFRILAW),
Al-Haq
Alternative ASEAN Network on
Alyansya Tigil Mina - Alliance Against Mining (
Anti-POSCO
People’s Movement,
APRODEH,
Armanshahr/OPEN ASIA (
Associação Mama Mater/IBFAN,
Association of Religious Liberty & Languages of
Avocats Sans Frontieres
Cairo Institute for Human Rights Studies,
CAOI
CAJAR (Colectivo de Abogados José Alvear Restrepo),
CCS,
CEDAL- Centro de Derechos y Desarrollo
CEDH (Centre Oecuménique des Droits Humain), Haïti
CEDHU (La Comisión Ecuménica de Derechos Humanos)
CENIDH,
Center for International Environmental Law (CIEL)
Centre for Applied Legal Studies (CALS),
CIDSE
Citizens Watch
International Indian Treaty Council – CITI
Centro de Documentación en Derechos Humanos ‘Segundo Montes Mozo
S.J.’ (CSMM)
Citizens for Justice-(CFJ),
Comision Mexicana de Defensa y Promocion de los Derechos Humanos
Comité Permanente por la Defensa de los Derechos Humanos (CPDH),
Colombie
Community Resource Centre (CRC),
Defenders of Human Rights Centre - DHRC (
Dejusticia
DESCA Equipo Pueblo, México
DKA
Due Process of Law Foundation
Egyptian Initiative for Personal Rights,
EOHR - Egyptian Organisation for Human Rights
Equitable
FIAN International
Fiery Hearts
Finnish League for Human Rights
Freedom from Debt
Friends of the Earth
Global Rights: Partners for
Gong Gam Human Rights Law
Green Advocates International
Gulf Civil Society Association Forum, Bahrein
Housing International Coalition (HIC)
Human Rights Commission of
Human Rights Foundation of Aotearoa New
Human Rights Movement ‘Bir Duino –
Human Rights Online
HRD-Pilipinas (
IBFAN-GIFA
Inclusive Development International
Indigenous Peoples Links (PIPLinks),
International Campaign for
International Commission of Jurists
International Federation for Human Rights (FIDH)
International Service for Human Rights
Justiça Global
Kampanya para sa Makataong Pamumuhay (KAMP) - Campaign for Life
of Dignity for All-Philippines (Philippines)
Kazakhstan
International Bureau for Human Rights and Rule of Law
Kenyan Human Rights Commission
KILOS KA (Kilusang Maralita sa Kanayunan), The
KontraS (
Korean House of International Solidarity (KHIS)
La Comisión Nacional de los Derchos Humanos
La Oficina Jurídica Para la
LAHRA (Lanao
Lao Movement for Human Rights - MLDH (
Lauri Tanner
Lawyers without Borders
League for the Defence of Human Rights in
Legal Aid
Liga lidských práv / League of Human Rights,
Ligue algérienne pour la défense des droits de l'Homme (LADDH)
Mindanao Peoples' Peace Movement (MPPM), The
National Centre For Advocacy Studies,
Network for Justice and Development,
NGO Citizens' Watch
Movimento dos Atingidos por
Odhikar (
Philippine
Philippine
Plataforma Interamericana de Derechos Humanos, Democracia y
Desarrollo (PIDHDD)
POSCO Pratirodh Sangram Samiti (Anti-POSCO peoples movement),
Pradžių pradžia (Promotion, protection and support of
breastfeeding),
Project on Organizing, Development, Education, and Research
(PODER),
PUMC-UNAM;
Réseau national de défense des droits humains (RNDDH), Haití
Sakum Teang Tnaut (STT)
Salam
Society for Environmental Actions, Re-Construction &
Humanitarian
SOMO
SUMPAY Mindanao, Inc., The
Task Force Detainees of the
The Cairo Institute for Human Rights Studies (CIHRS)
The Jus Semper Global
Transnational Institute
Welthaus
World Organisation Against Torture (OMCT)
YAC
ATTENTION
***Extended Date for Receiving Signatories - December 31st***
We welcome organizations to join as
signatories to this statement. You may do so by sending an e-mail to Carlos
Lopez of ICJ (carlos.lopez@icj.org), Rolf Kuennemann of FIAN
(kuennemann@fian.org), Geneviève Paul of FIDH (gpaul@fidh.org) and Dominic
Renfrey of ESCR-Net (drenfrey@escr-net.org).