Corporate Accountability and Human Rights

Mr. Chairman,  
 
Human Rights Watch welcomes the Commission’s efforts to address corporate accountability for human rights abuses. A recent report by the Office of the High Commissioner for Human Rights (OHCHR), prepared at the Commission’s request, makes a valuable contribution. The report describes the need to address the responsibilities of business entities, but also a gap in understanding those responsibilities. It notes that the U.N. Norms on business and human rights attempts to bridge that gap. The report highlights the need for close study of fundamental issues, including the concept of “complicity”, “spheres of influence” and how to protect human rights when states are “unwilling or unable” to do so.  

We are encouraged by indications that member states on the Commission may appoint a high-level expert on business and human rights to examine these important issues. In our view, the expert must be truly independent and have human rights expertise. The expert’s mandate should include studying outstanding issues identified in the OHCHR report, analyzing standards of corporate responsibility and available implementation mechanisms, and proposing additional measures to address accountability for abuses. Moreover, the independent expert should engage in consultations with relevant stakeholders, including affected communities, and provide regular reports on progress. This process should build upon the U.N. Norms.  
 
Last year the Commission indicated its interest to “identify options for strengthening standards (…) and possible means of implementation” on the human rights responsibilities of businesses. It must not step back from that goal. The Commission should call for an independent, qualified expert with a strong mandate.  
 
Thank you.

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Related Material

Advancing Corporate Accountability: Position Statement Prepared for the 61st Session of the United Nations Commission on Human Rights
Commentary, March 2, 2005

The U.N. Norms: Towards Greater Corporate Accountability
Commentary, September 30, 2004

Caterpillar: Stop Enabling Home Demolitions
Letter, October 29, 2004

The U.N. Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights
Web Site

The 61st Session of the U.N. Commission on Human Rights
Web Site

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