Preamble
Bearing in mind the principles
and obligations under the Charter of the United Nations, in particular the
preamble and Articles 1, 2, 55 and 56, inter alia to promote universal respect
for, and observance of, human rights and fundamental
freedoms,
Recalling that the Universal Declaration of Human
Rights proclaims a common standard of achievement for all peoples and all
nations, to the end that Governments, other organs of society and individuals
shall strive, by teaching and education to promote respect for human rights and
freedoms, and, by progressive measures, to secure universal and effective
recognition and observance, including of equal rights of women and men and the
promotion of social progress and better standards of life in larger
freedom,
Recognizing that even though States have the primary
responsibility to promote, secure the fulfilment of, respect, ensure respect of
and protect human rights, transnational corporations and other business
enterprises, as organs of society, are also responsible for promoting and
securing the human rights set forth in the Universal Declaration of Human
Rights,
Realizing that transnational corporations and other
business enterprises, their officers and persons working for them are also
obligated to respect generally recognized responsibilities and norms contained
in United Nations treaties and other international instruments such as the
Convention on the Prevention and Punishment of the Crime of Genocide; the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; the Slavery Convention and the Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery; the International Convention on the Elimination of All Forms of Racial
Discrimination; the Convention on the Elimination of All Forms of Discrimination
against Women; the International Covenant on Economic, Social and Cultural
Rights; the International Covenant on Civil and Political Rights; the Convention
on the Rights of the Child; the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families; the four Geneva
Conventions of 12 August 1949 and two Additional Protocols thereto for the
protection of victims of war; the Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms; the Rome Statute of the
International Criminal Court; the United Nations Convention against
Transnational Organized Crime; the Convention on Biological Diversity; the
International Convention on Civil Liability for Oil Pollution Damage; the
Convention on Civil Liability for Damage Resulting from Activities Dangerous to
the Environment; the Declaration on the Right to Development; the Rio
Declaration on the Environment and Development; the Plan of Implementation of
the World Summit on Sustainable Development; the United Nations Millennium
Declaration; the Universal Declaration on the Human Genome and Human Rights; the
International Code of Marketing of Breast milk Substitutes adopted by the World
Health Assembly; the Ethical Criteria for Medical Drug Promotion and the Health
for All in the Twenty-First Century policy of the World Health Organization;
the Convention against Discrimination in Education of the United Nations
Education, Scientific, and Cultural Organization; conventions and
recommendations of the International Labour Organization; the Convention and
Protocol relating to the Status of Refugees; the African Charter on Human and
Peoples Rights; the American Convention on Human Rights; the European
Convention for the Protection of Human Rights and Fundamental Freedoms; the
Charter of Fundamental Rights of the European Union; the Convention on Combating
Bribery of Foreign Public Officials in International Business Transactions of
the Organization for Economic Cooperation and Development; and other
instruments,
Taking into account the standards set forth in the
Tripartite Declaration of Principles Concerning Multinational Enterprises and
Social Policy and the Declaration on Fundamental Principles and Rights at Work
of the International Labour Organization,
Aware of the
Guidelines for Multinational Enterprises and the Committee on International
Investment and Multinational Enterprises of the Organization for Economic
Cooperation and Development,
Aware also of the United Nations
Global Compact initiative which challenges business leaders to embrace and
enact nine basic principles with respect to human rights, including labour
rights and the environment,
Conscious of the fact that the
Governing Body Subcommittee on Multinational Enterprises and Social Policy, the
Committee of Experts on the Application of Standards, as well as the Committee
on Freedom of Association of the International Labour Organization, which have
named business enterprises implicated in States failure to comply with
Conventions No. 87 concerning the Freedom of Association and Protection of the
Right to Organize and No. 98 concerning the Application of the Principles of the
Right to Organize and Bargain Collectively, and seeking to supplement and assist
their efforts to encourage transnational corporations and other business
enterprises to protect human rights,
Conscious also of the
Commentary on the Norms on the responsibilities of transnational corporations
and other business enterprises with regard to human rights, and finding it a
useful interpretation and elaboration of the standards contained in the
Norms,
Taking note of global trends which have increased the
influence of transnational corporations and other business enterprises on the
economies of most countries and in international economic relations, and of the
growing number of other business enterprises which operate across national
boundaries in a variety of arrangements resulting in economic activities beyond
the actual capacities of any one national system,
Noting that
transnational corporations and other business enterprises have the capacity to
foster economic well-being, development, technological improvement and wealth as
well as the capacity to cause harmful impacts on the human rights and lives of
individuals through their core business practices and operations, including
employment practices, environmental policies, relationships with suppliers and
consumers, interactions with Governments and other activities,
Noting
also that new international human rights issues and concerns are
continually emerging and that transnational corporations and other business
enterprises often are involved in these issues and concerns, such that further
standard-setting and implementation are required at this time and in the
future,
Acknowledging the universality, indivisibility,
interdependence and interrelatedness of human rights, including the right to
development, which entitles every human person and all peoples to participate
in, contribute to and enjoy economic, social, cultural and political development
in which all human rights and fundamental freedoms can be fully
realized,
Reaffirming that transnational corporations and other
business enterprises, their officers including managers, members of corporate
boards or directors and other executives - and persons working for them have,
inter alia, human rights obligations and responsibilities and that these human
rights norms will contribute to the making and development of international law
as to those responsibilities and obligations,
Solemnly proclaims
these Norms on the Responsibilities of Transnational Corporations and Other
Business Enterprises with Regard to Human Rights and urges that every effort be
made so that they become generally known and respected.
A.
General obligations
1. States have the primary responsibility to
promote, secure the fulfilment of, respect, ensure respect of and protect human
rights recognized in international as well as national law, including ensuring
that transnational corporations and other business enterprises respect human
rights. Within their respective spheres of activity and influence, transnational
corporations and other business enterprises have the obligation to promote,
secure the fulfilment of, respect, ensure respect of and protect human rights
recognized in international as well as national law, including the rights and
interests of indigenous peoples and other vulnerable groups.
B.
Right to equal opportunity and non-discriminatory treatment
2.
Transnational corporations and other business enterprises shall ensure equality
of opportunity and treatment, as provided in the relevant international
instruments and national legislation as well as international human rights law,
for the purpose of eliminating discrimination based on race, colour, sex,
language, religion, political opinion, national or social origin, social status,
indigenous status, disability, age - except for children, who may be given
greater protection - or other status of the individual unrelated to the inherent
requirements to perform the job, or of complying with special measures designed
to overcome past discrimination against certain groups.
C. Right
to security of persons
3. Transnational corporations and other
business enterprises shall not engage in nor benefit from war crimes, crimes
against humanity, genocide, torture, forced disappearance, forced or compulsory
labour, hostage-taking, extrajudicial, summary or arbitrary executions, other
violations of humanitarian law and other international crimes against the human
person as defined by international law, in particular human rights and
humanitarian law.
4. Security arrangements for transnational corporations
and other business enterprises shall observe international human rights norms as
well as the laws and professional standards of the country or countries in which
they operate.
D. Rights of workers
5.
Transnational corporations and other business enterprises shall not use forced
or compulsory labour as forbidden by the relevant international instruments and
national legislation as well as international human rights and humanitarian
law.
6. Transnational corporations and other business enterprises shall
respect the rights of children to be protected from economic exploitation as
forbidden by the relevant international instruments and national legislation as
well as international human rights and humanitarian law.
7. Transnational
corporations and other business enterprises shall provide a safe and healthy
working environment as set forth in relevant international instruments and
national legislation as well as international human rights and humanitarian
law.
8. Transnational corporations and other business enterprises shall
provide workers with remuneration that ensures an adequate standard of living
for them and their families. Such remuneration shall take due account of their
needs for adequate living conditions with a view towards progressive
improvement.
9. Transnational corporations and other business enterprises
shall ensure freedom of association and effective recognition of the right to
collective bargaining by protecting the right to establish and, subject only to
the rules of the organization concerned, to join organizations of their own
choosing without distinction, previous authorization, or interference, for the
protection of their employment interests and for other collective bargaining
purposes as provided in national legislation and the relevant conventions of the
International Labour Organization.
E. Respect for national
sovereignty and human rights
10. Transnational corporations and
other business enterprises shall recognize and respect applicable norms of
international law, national laws and regulations, as well as administrative
practices, the rule of law, the public interest, development objectives, social,
economic and cultural policies including transparency, accountability and
prohibition of corruption, and authority of the countries in which the
enterprises operate.
11. Transnational corporations and other business
enterprises shall not offer, promise, give, accept, condone, knowingly benefit
from, or demand a bribe or other improper advantage, nor shall they be solicited
or expected to give a bribe or other improper advantage to any Government,
public official, candidate for elective post, any member of the armed forces or
security forces, or any other individual or organization. Transnational
corporations and other business enterprises shall refrain from any activity
which supports, solicits, or encourages States or any other entities to abuse
human rights. They shall further seek to ensure that the goods and services they
provide will not be used to abuse human rights.
12. Transnational
corporations and other business enterprises shall respect economic, social and
cultural rights as well as civil and political rights and contribute to their
realization, in particular the rights to development, adequate food and drinking
water, the highest attainable standard of physical and mental health, adequate
housing, privacy, education, freedom of thought, conscience, and religion and
freedom of opinion and expression, and shall refrain from actions which obstruct
or impede the realization of those rights.
F. Obligations with
regard to consumer protection
13. Transnational corporations and
other business enterprises shall act in accordance with fair business, marketing
and advertising practices and shall take all necessary steps to ensure the
safety and quality of the goods and services they provide, including observance
of the precautionary principle. Nor shall they produce, distribute, market, or
advertise harmful or potentially harmful products for use by
consumers.
G. Obligations with regard to environmental
protection
14. Transnational corporations and other business
enterprises shall carry out their activities in accordance with national laws,
regulations, administrative practices and policies relating to the preservation
of the environment of the countries in which they operate, as well as in
accordance with relevant international agreements, principles, objectives,
responsibilities and standards with regard to the environment as well as human
rights, public health and safety, bioethics and the precautionary principle, and
shall generally conduct their activities in a manner contributing to the wider
goal of sustainable development.
H. General provisions of
implementation
15. As an initial step towards implementing these
Norms, each transnational corporation or other business enterprise shall adopt,
disseminate and implement internal rules of operation in compliance with the
Norms. Further, they shall periodically report on and take other measures fully
to implement the Norms and to provide at least for the prompt implementation of
the protections set forth in the Norms. Each transnational corporation or other
business enterprise shall apply and incorporate these Norms in their contracts
or other arrangements and dealings with contractors, subcontractors, suppliers,
licensees, distributors, or natural or other legal persons that enter into any
agreement with the transnational corporation or business enterprise in order to
ensure respect for and implementation of the Norms.
16. Transnational
corporations and other businesses enterprises shall be subject to periodic
monitoring and verification by United Nations, other international and national
mechanisms already in existence or yet to be created, regarding application of
the Norms. This monitoring shall be transparent and independent and take into
account input from stakeholders (including non governmental organizations) and
as a result of complaints of violations of these Norms. Further, transnational
corporations and other businesses enterprises shall conduct periodic evaluations
concerning the impact of their own activities on human rights under these
Norms.
17. States should establish and reinforce the necessary legal and
administrative framework for ensuring that the Norms and other relevant national
and international laws are implemented by transnational corporations and other
business enterprises.
18. Transnational corporations and other business
enterprises shall provide prompt, effective and adequate reparation to those
persons, entities and communities that have been adversely affected by failures
to comply with these Norms through, inter alia, reparations, restitution,
compensation and rehabilitation for any damage done or property taken. In
connection with determining damages in regard to criminal sanctions, and in all
other respects, these Norms shall be applied by national courts and/or
international tribunals, pursuant to national and international law.
19.
Nothing in these Norms shall be construed as diminishing, restricting, or
adversely affecting the human rights obligations of States under national and
international law, nor shall they be construed as diminishing, restricting, or
adversely affecting more protective human rights norms, nor shall they be
construed as diminishing, restricting, or adversely affecting other obligations
or responsibilities of transnational corporations and other business enterprises
in fields other than human rights.
I.
Definitions
20. The term transnational corporation refers to
an economic entity operating in more than one country or a cluster of economic
entities operating in two or more countries - whatever their legal form, whether
in their home country or country of activity, and whether taken individually or
collectively.
21. The phrase other business enterprise includes any
business entity, regardless of the international or domestic nature of its
activities, including a transnational corporation, contractor, subcontractor,
supplier, licensee or distributor; the corporate, partnership, or other legal
form used to establish the business entity; and the nature of the ownership of
the entity. These Norms shall be presumed to apply, as a matter of practice, if
the business enterprise has any relation with a transnational corporation, the
impact of its activities is not entirely local, or the activities involve
violations of the right to security as indicated in paragraphs 3 and
4.
22. The term stakeholder includes stockholders, other owners,
workers and their representatives, as well as any other individual or group that
is affected by the activities of transnational corporations or other business
enterprises. The term stakeholder shall be interpreted functionally in the
light of the objectives of these Norms and include indirect stakeholders when
their interests are or will be substantially affected by the activities of the
transnational corporation or business enterprise. In addition to parties
directly affected by the activities of business enterprises, stakeholders can
include parties which are indirectly affected by the activities of transnational
corporations or other business enterprises such as consumer groups, customers,
Governments, neighbouring communities, indigenous peoples and communities, non
governmental organizations, public and private lending institutions, suppliers,
trade associations, and others.
23. The phrases human rights and
international human rights include civil, cultural, economic, political and
social rights, as set forth in the International Bill of Human Rights and other
human rights treaties, as well as the right to development and rights recognized
by international humanitarian law, international refugee law, international
labour law, and other relevant instruments adopted within the United Nations
system.
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* Approved August 13, 2003, by , U.N. Doc.
E/CN.4/Sub.2/2003/L.11 at 52 (2003).