back/terug
for answer (May 22, 2006) to this letter, see www.indianet.nl/br060522.pdf
Professor John Ruggie
Special Representative on Human Rights and Transnational
Corporations and other Business Enterprises
Office of the High Commissioner for Human Rights
Palais des Nations
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland

18 May 2006


Dear Professor Ruggie,

Professor John Ruggie Special Representative on Human Rights and Transnational Corporations and other Business Enterprises Office of the High Commissioner for Human Rights Palais des Nations 8-14 Avenue de la Paix 1211 Geneva 10 Switzerland 18 May 2006 Dear Professor Ruggie, We are writing in response to the interim report you prepared in your capacity as the Special Representative of the UN Secretary General on business and human rights. In opening we would like to reaffirm our appreciation of your substantial and continuing efforts to consider business and human rights issues. It is a matter of record that the concerned NGOs fully supported the creation of the Special Representative’s mandate as a means of advancing and deepening the discussion about corporate responsibility and accountability. We believe that the goal of strengthening standards of corporate accountability, a key aspect of the Special Representative’s mandate, should be met through the adoption of universal standards on business and human rights. We look forward to the final outcome of your study, which, in our view, should make a significant contribution towards realizing this objective. We therefore respectfully call on you, as the Special Representative, to make recommendations to the international community as to the most appropriate and effective means for developing clear international human rights standards for business. To this end, and in a spirit of constructive engagement, we would like to take this opportunity to comment on a few aspects of the interim report and to offer our views on how best to secure the key goal of your mandate: namely to strengthen the protection and promotion of human rights in relation to business. As your report correctly observes, some businesses, through their acts or omissions have caused serious harm in relation to human rights. Existing initiatives to provide standards for company behaviour have afforded insufficient guarantees for the protection of human rights. It would be worthwhile also to acknowledge that businesses have been involved in human rights abuses in both developed and developing countries. While recognizing the serious gaps in the protection of human rights and, ultimately, in measures to hold business entities accountable for involvement in human rights abuses, we agree with your assessment that a central challenge is to ensure that all companies consistently respect and protect human rights. We believe this objective can only be achieved through the establishment of clear, global standards of corporate responsibility and of effective mechanisms for holding companies to account. Global standards should reflect the responsibilities of business and should be derived from international human rights and humanitarian law and other internationally recognized principles. These universal standards should apply to all companies, irrespective of the nature of the activities in which they engage, the location of their headquarters, or the countries in which they are incorporated or conduct their operations. The report of the High Commissioner for Human Rights on the responsibilities of business with regard to human rights and the UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights enumerated many of the human rights principles at issue. This work constitutes important steps in the ongoing process of developing a shared understanding of the human rights responsibilities of business. The NGOs take the view that in your role as the Special Representative, you could usefully draw on many elements that have been identified through the work of other UN bodies. To the extent that you are seeking to find areas of consensus, we hope that you will aim to build awareness of and support for meaningful international human rights standards for business and will avoid the pitfall of reaching agreements that merely reflect the “lowest common denominator”. We share your concern about the lack of effective legal regimes and institutions for holding companies accountable. We therefore urge you to explore ways of expanding or strengthening the existing legal mechanisms as well as of examining the potential for developing new legal approaches. We note the inclusion in the interim report of an initial exploration of the state of international human rights and international humanitarian law as it may apply to corporations. While states are the primary duty-holders under international law, including human rights and humanitarian law, it should not be forgotten that businesses also have responsibilities under these legal regimes. Indeed, as part of their obligation to protect human rights under their jurisdiction, states are under a duty to ensure that businesses act accordingly. We encourage you to expand your analysis of legal issues and consider developments in international law since the adoption of the Universal Declaration of Human Rights and the increasing relevance of human rights and humanitarian law to non-state actors. We strongly encourage you to take into consideration the growing body of legal jurisprudence and doctrine concerning the direct applicability of international law to private actors. In your interim report, you have also addressed the evolving nature of the law and the potential for states to expand the current reach of the law in so far as it concerns the human rights practices of business. In this respect the “due diligence” obligations of governments to ensure that private parties do not commit human rights abuse is of particular relevance. We would also like to remind you of the importance we attach to the part of your mandate that calls on you to offer recommendations as to how states can effectively regulate transnational businesses with regards to human rights, including through international cooperation. We respectfully call on you, as you embark on the next phase of your mandate, to build on existing efforts and to move beyond existing frameworks and the status quo. In particular we hope you will give further consideration to the question of “what the law should be,” and we hope that you will not hesitate to make recommendations about the means by which appropriate legal standards might be elaborated, adopted and, eventually, implemented. Ultimately we believe that a universal normative framework must both include a clear outline of the human rights obligations of states to ensure business does not infringe human rights and also identify the direct obligations of business with respect to human rights. This framework should provide clear, common standards that apply to all types of business and in all countries. We recognise the fact that you have carried out a number of consultations and made several field visits in order to reach out to a wide range of stakeholders. We would encourage you to pay as many visits as possible to communities that are directly affected by various types of corporate activity, as well as to consult with national and local non-governmental organizations working with them. The Special Representative should take full advantage of the burgeoning body of information and documentation regarding business and human rights from a range of sources including NGOs, academics, trade unions and journalists so as to develop a comprehensive information base. As regards further consultations, we would find it helpful if you could set out your plans and the issues you intend to cover, as well as ways for ensuring that the results of these consultations are widely shared. We are pleased that the report of the Johannesburg consultation has recently been circulated. We welcome your decision to engage with a wide range of experts who can contribute perspectives from all regions and legal traditions to the legal issues relevant to your mandate and the interest you have shown in the International Commission of Jurists’ complicity project. Finally we would like to reaffirm our willingness and determination to continue our constructive engagement with you in your capacity as Special Representative and to work with you in the fulfillment of your important and challenging mandate. Yours sincerely, We are writing in response to the interim report you prepared in your capacity as the Special Representative of the UN Secretary General on business and human rights. In opening we would like to reaffirm our appreciation of your substantial and continuing efforts to consider business and human rights issues. It is a matter of record that the concerned NGOs fully supported the creation of the Special Representative’s mandate as a means of advancing and deepening the discussion about corporate responsibility and accountability. We believe that the goal of strengthening standards of corporate accountability, a key aspect of the Special Representative’s mandate, should be met through the adoption of universal standards on business and human rights. We look forward to the final outcome of your study, which, in our view, should make a significant contribution towards realizing this objective. We therefore respectfully call on you, as the Special Representative, to make recommendations to the international community as to the most appropriate and effective means for developing clear international human rights standards for business. To this end, and in a spirit of constructive engagement, we would like to take this opportunity to comment on a few aspects of the interim report and to offer our views on how best to secure the key goal of your mandate: namely to strengthen the protection and promotion of human rights in relation to business.

As your report correctly observes, some businesses, through their acts or omissions have caused serious harm in relation to human rights. Existing initiatives to provide standards for company behaviour have afforded insufficient guarantees for the protection of human rights. It would be worthwhile also to acknowledge that businesses have been involved in human rights abuses in both developed and developing countries. While recognizing the serious gaps in the protection of human rights and, ultimately, in measures to hold business entities accountable for involvement in human rights abuses, we agree with your assessment that a central challenge is to ensure that all companies consistently respect and protect human rights. We believe this objective can only be achieved through the establishment of clear, global standards of corporate responsibility and of effective mechanisms for holding companies to account. Global standards should reflect the responsibilities of business and should be derived from international human rights and humanitarian law and other internationally recognized principles. These universal standards should apply to all companies, irrespective of the nature of the activities in which they engage, the location of their headquarters, or the countries in which they are incorporated or conduct their operations.

The report of the High Commissioner for Human Rights on the responsibilities of business with regard to human rights1 and the UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights2 enumerated many of the human rights principles at issue. This work constitutes important steps in the ongoing process of developing a shared understanding of the human rights responsibilities of business. The NGOs take the view that in your role as the Special Representative, you could usefully draw on many elements that have been identified through the work of other UN bodies. To the extent that you are seeking to find areas of consensus, we hope that you will aim to build awareness of and support for meaningful international human rights standards for business and will avoid the pitfall of reaching agreements that merely reflect the “lowest common denominator”.

We share your concern about the lack of effective legal regimes and institutions for holding companies accountable. We therefore urge you to explore ways of expanding or strengthening the existing legal mechanisms as well as of examining the potential for developing new legal approaches. We note the inclusion in the interim report of an initial exploration of the state of international human rights and international humanitarian law as it may apply to corporations. While states are the primary duty-holders under international law, including human rights and humanitarian law, it should not be forgotten that businesses also have responsibilities under these legal regimes. Indeed, as part of their obligation to protect human rights under their jurisdiction, states are under a duty to ensure that businesses act accordingly. We encourage you to expand your analysis of legal issues and consider developments in international law since the adoption of the Universal Declaration of Human Rights and the increasing relevance of human rights and humanitarian law to non-state actors. We strongly encourage you to take into consideration the growing body of legal jurisprudence and doctrine concerning the direct applicability of international law to private actors.

In your interim report, you have also addressed the evolving nature of the law and the potential for states to expand the current reach of the law in so far as it concerns the human rights practices of business. In this respect the “due diligence” obligations of governments to ensure that private parties do not commit human rights abuse is of particular relevance. We would also like to remind you of the importance we attach to the part of your mandate that calls on you to offer recommendations as to how states can effectively regulate transnational businesses with regards to human rights, including through international cooperation.

We respectfully call on you, as you embark on the next phase of your mandate, to build on existing efforts and to move beyond existing frameworks and the status quo. In particular we hope you will give further consideration to the question of “what the law should be,” and we hope that you will not hesitate to make recommendations about the means by which appropriate legal standards might be elaborated, adopted and, eventually, implemented.

Ultimately we believe that a universal normative framework must both include a clear outline of the human rights obligations of states to ensure business does not infringe human rights and also identify the direct obligations of business with respect to human rights. This framework should provide clear, common standards that apply to all types of business and in all countries.

We recognise the fact that you have carried out a number of consultations and made several field visits in order to reach out to a wide range of stakeholders. We would encourage you to pay as many visits as possible to communities that are directly affected by various types of corporate activity, as well as to consult with national and local non-governmental organizations working with them.

The Special Representative should take full advantage of the burgeoning body of information and documentation regarding business and human rights from a range of sources including NGOs, academics, trade unions and journalists so as to develop a comprehensive information base. As regards further consultations, we would find it helpful if you could set out your plans and the issues you intend to cover, as well as ways for ensuring that the results of these consultations are widely shared. We are pleased that the report of the Johannesburg consultation has recently been circulated.

We welcome your decision to engage with a wide range of experts who can contribute perspectives from all regions and legal traditions to the legal issues relevant to your mandate and the interest you have shown in the International Commission of Jurists’ complicity project.

Finally we would like to reaffirm our willingness and determination to continue our constructive engagement with you in your capacity as Special Representative and to work with you in the fulfillment of your important and challenging mandate.

Yours sincerely,

NGO ENDORSEMENTS

 

 

ORGANIZATION

COUNTRY

1

Action Contre l'Impunité pour les Droits Humains

République Démocratique du Congo

2

ActionAid International

International

3

Alliance for Holistic and Sustainable Development of
Communities (AHSDC)

India

4

Amnesty International

International

5

Associação para a cooperação entre os povos (ACEP)

Portugal

6

Business and Human Rights Programme
Autonomous University of Barcelona

Spain

7

Canada Tibet Committee National Office

Canada

8

Center for Reflection, Education and Action (CREA)

USA

9

Centro de Derechos Económicos y Sociales (CDES)

Ecuador

10

Centro de Derechos Humanos y Ambiente (CEDHA)

Argentina

11

Centro de Documentación en Derechos Humanos "Segundo Montes Mozo S.J." (CSMM)

Ecuador

12

Coalición Internacional para el Hábitat-América Latina (HIC-AL)

Mexico

13

Coalition québécoise contre les ateliers de misère

Canada

14

Corporate Accountability International

USA

15

DanChurchAid

Denmark

16

Danish Association for International Cooperation

Denmark

17

Danish Food and Allied Workers' Union/Nærings- og Nydelsesmiddelarbejder Forbundet (NNF)

Denmark

18

Danish Women's Society

Denmark

19

EarthLink e.V. - The People & Nature Network

Germany

20

EarthRights International

Thailand/USA

21

Ecumenical Council for Corporate Responsibility

UK

22

El Centro de Derechos Humanos "Miguel Agustín Pro Juárez"

Mexico

23

El Centro de Reflexión y Acción Laboral (CEREAL)

Mexico

24

ESCR-Net Corporate Accountability Working Group

International

25

Focus on the Global South

Thailand/Philippines/India

26

Fundación de Estudios  para la Aplicación del Derecho (FESPAD)

El Salvador

27

German Clean Clothes Campaign (CCC)

Germany

28

Germanwatch

Germany

29

Grupo de Mujeres de San Cristóbal Las Casas, A.C

Mexico

30

HK/Denmark-Union of Commercial and Clerical Employees in Denmark 

Denmark

31

Human Rights First

USA

32

Human Rights Watch

International

33

IBIS

Denmark

34

India Committee of the Netherlands

The Netherlands

35

Indigenous Peoples Links

UK

36

Instituto del Tercer Mundo

Uruguay

37

Inter Pares

Canada

38

International Campaign for Tibet

USA / Europe / Germany

39

International Code Documentation Centre (IBFAN-ICDC Penang)

Malaysia

40

International Federation for Human Rights (FIDH)

International

41

International Restructuring Education Network Europe (IRENE)

The Netherlands

42

Justiça Global

Brazil

43

Kvinderådet /The Women's Council of Denmark

Denmark

44

Maquila Solidarity Network

Canada

45

mines, minerals & People

India

46

MISEREOR

Germany

47

Mpalabanda Association Civique du Cabinda

Angola

48

National Economic and Social Rights Initiative

USA

49

National Federation of Social Educators

Denmark

50

Oikocredit

The Netherlands

51

Oxfam International

International

52

People United for Environmental Justice

Nigeria

53

People's  Movement for Human Rights Learning (PDHRE)

USA

54

Plataforma Portuguesa das ONGD

Portugal

55

Réseau Foi et Justice Afrique-Europe
Antenne de France

France

56

Rights and Accountability in Development (RAID)

UK

57

Rights and Democracy/Droits et Démocratie

Canada

58

Ririki Intervención Social

Mexico

59

Save the Children Denmark

Denmark

60

Servicio Paz y Justicia (SERPAJ)

Uruguay

61

SOMO

The Netherlands

62

Tebtebba-Indigenous Peoples' International Centre for Policy Research and Education

Philippines

63

Terra de Direitos

Brazil

64

The Danish National Federation of Early Childhood Teachers and Youth Educators (BUPL)

Denmark

65

The Danish Nurses' Organization (DNO)

Denmark

66

The Danish United Nations Association

Denmark

67

The Documentary- and Advisory Centre on Racial Discrimination (DACoRD)

Denmark

68

Urgewald

Germany

69

Women's Environment and Development Organization (WEDO)

USA

70

World Economy, Ecology & Development (WEED)

Germany

 

 

 

SRI ENDORSEMENTS

 

 

ORGANIZATION

COUNTRY

71

Association Ethique et Investissement

France

72

Benedictine Sisters

USA

73

Brigidine Sisters, US Region

USA

74

CHRISTUS Health

USA

75

Dominican Sisters of Hope

USA

76

Dominican Sisters: Grand Rapids

USA

77

Leadership Team, Ursuline Sisters of Louisville

USA

78

Marianists International

USA

79

Maryknoll Fathers and Brothers [AKA, The Catholic Foreign Mission Society of America, Inc.]

USA

80

Meeschaert Asset Management

France

81

Mercy Investment Program, United States

USA

82

Missionary Oblates (OMI)  Justice, Peace & Integrity of Creation

USA

83

Northwest Coalition for Responsible Investment

USA

84

Sisters of Charity, BVM

USA

85

Sisters of Mercy Regional Community of Detroit

USA

86

Sisters of Mercy, Merion Regional Community

USA

87

Sisters of St. Francis of Philadelphia

USA

88

Social Justice Office of the Sisters of the Blessed Sacrament

USA

89

Socially Responsible Investment Coalition

USA

90

The Ethical Funds Company

Canada

91

The United Church of Canada

Canada

92

Ursuline Sisters of Tildonk

USA Province 

 

INDIVIDUAL ENDORSEMENTS

 

 

 

INDIVIDUAL

COUNTRY

ORG. AFFILIATION

93

Helga Birgden

Australia

Chair of Christian Centre for Socially Responsible Investment

94

Aberrahman Bourehim

Morocco

Ex - président de la section Marocain  d Amnesty

95

Danwood Mzikenge Chirwa

South Africa

Lecturer in Law-University of Cape Town

96

Linda Hayes, OP

USA

Dominican Sisters of Springfield

97

S. Ruth Kuhn, SC

USA

Sisters of Charity of Cincinnati, Corporate Responsibility Committee and Region VI Coalition for Responsible Investment

98

Anne Lally

USA

Independent Consultant
Human Rights in the Global Economy

99

Murielle Mignot

Angola

General Coordinator of the FONGA RECI-DESC Project

100

Maud Emmanuelle Labesse

Canada

 

101

Sr Claire Regan

USA

Sisters of Charity of New York

102

Cathy Rowan

USA

Maryknoll Sisters

103

Rev. David M. Schilling

USA

Director, Global Corporate Accountability-Interfaith Center on Corporate Responsibility

104

Irene Senn

USA

Director, Office of Justice, Peace & Integrity of Creation-Sisters of St. Francis of Assisi

105

Sister Annette M. Sinagra, OP

USA

Corporate Responsibility Analyst-Portfolio Advisory Board-Adrian Dominican Sisters

106

Stella Storch, OP

USA

CSA Justice Coordinator

107

Claudia Volk, CEFA

Germany

WestLB AG, Investment Research, German Equity Strategy/SRI

CC: Gerald Pachoud and lene Wendland


1 E/CN.4/2005/91
2 UN Draft Norms


for answer (May 22, 2006) to this letter, see www.indianet.nl/br060522.pdf

Landelijke India Werkgroep - 23 mei 2006