Oral statement on access to justice in the face of violations committed by TNCs

HUMAN RIGHTS COUNCIL
Agenda items 2 and 3

Comments on the report of the UN High Commissioner for Human Rights: ‘Improving corporate accountability and access to remedy for victims of business-related human rights abuses’

[Extract from the Declaration]

The High Commissioner for Human Rights is supposed to be the guardian of international human rights law. However, we note that there is no reference to binding international human rights instruments or to the United Nations Charter. This distorts the High Commissioner’s analysis on this subject, since he bases his analysis solely on the flawed Guiding Principles of Professor John Ruggie.

In his recommendations to States, the High Commissioner seems to ignore the ability of TNCs to circumvent national legislation through complex arrangements and the privileges granted to these entities by bilateral and multilateral agreements on trade and investment. Yet, as everyone knows, there is currently no recourse mechanism at international level to prosecute human rights violations committed by TNCs.

Geneva, 20th June 2016

Read the CETIM’s oral statement in French