3.11 NHRIs and Business
The connections between international human rights law, business and domestic application of human rights standards have been in place for years. In 2000, for example, the UN Global Compact was launched for companies committed to sustainability and responsible business practices. As a leadership initiative endorsed by chief executives, it seeks to align business operations and strategies everywhere with ten universally accepted principles in the areas of human rights, labour, environment and anti-corruption.
It is the State’s duty to protect against human rights abuses by third parties, including business, through appropriate policies, regulation, and adjudication. NHRIs can play a vital role in advancing human rights in practice and supporting the State in meeting this obligation. As stated in the 2008 report of the UN Secretary-General’s Special Representative (SRSG) for Business and Human Rights, ‘[the] actual and potential importance of [this area] cannot be overstated’.35
In Resolution 8/7, adopted in June 2008, the Human Rights Council recognized the need to protect all human rights from abuses by, or involving, transnational corporations or other business enterprises. The Council also renewed the mandate of the Special Representative on the issue of human rights and transnational corporations and other business enterprises to 2011.
According to a survey conducted by the Office of the High Commissioner for Human Rights on behalf of the SRSG, many NHRIs engage in business and human rights issues in some respect, though this remains a limited area of activity for most. Some commissions do handle complaints involving alleged corporate abuse of human rights, for example as regards non-discrimination and labour rights, while others have no limits on either the rights issues or the types of business involved in a complaint.
In 2009, the ICC established a Working Group on Human Rights and Business, with the following mandate:
- Strategic planning (facilitating the inclusion of business and human rights issues and providing for joint NHRI programming);
- Capacity building and resource sharing (facilitating skills development of staff and providing a platform for NHRIs to exchange best practices and tools); and
- Agenda setting and outreach (facilitating the participation of the ICC and NHRIs in key debates at the international, regional and domestic levels in relation to business and human rights).
In June 2009, the Danish Institute for Human Rights (DIHR) was nominated to represent the European region of the Working Group on Business and Human Rights of the ICC. The Human Rights and Business Project is a department of The Danish Institute for Human Rights devoted to business and its impact on human rights. Additional information and resources can be obtained at: http://www.humanrightsbusiness.org
Finally, the ICC identified the theme of Human Rights and Business as the main theme of the international conference of NHRIs in 2010.