A/HRC/29/25
morals or the protection of the rights and freedoms of others. They must also be
proportionate to the pursuance of legitimate aims.12 Thus, a blanket prohibition of protests
outside business premises or surrounding the operations of mining, resource and forestry
companies would be unjustifiable under the International Covenant on Civil and Political
Rights. Similarly, broad definitions of “vital installations” or “national interests” that
encompass business premises engaged in natural resource exploitation, with a view to
shielding them from peaceful assemblies, would not meet international human rights law
standards.
23.
There are no international law instruments in which binding legal obligations for
corporations are provided for. However, it is understood that human rights, being universal,
indivisible and interdependent, are to be respected by all. The Special Rapporteur takes note
of Human Rights Council resolution 26/9 on the elaboration of an international legally
binding instrument on transnational corporations and other business enterprises with respect
to human rights, which stresses the primary responsibility of States to protect against
human rights abuses by third parties within their territories. The Special Rapporteur
considers that an instrument negotiated to create binding obligations for corporations is
desirable and should set forth norms for all business entities, national and transnational.
24.
A notable shortcoming of the voluntary obligations for corporations is that they do
not go far enough in ensuring that both States and businesses are held accountable for any
failures to comply with them, nor do they encourage robust oversight by Governments of
actions by businesses that may violate human rights. Several documents set out voluntary
human rights obligations for companies in relation to human rights in general and the rights
to freedom of peaceful assembly and of association in particular. These include:
(a)
The United Nations Global Compact, a broad initiative on corporate
responsibility covering the areas of human rights, labour, environment and the prevention
of corruption. Two of the Compact’s 10 principles emphasize the role of business in
supporting and respecting the protection of internationally recognized human rights, and to
ensure they are not complicit in human rights abuses. A third principle requires businesses
to uphold the freedom of association and recognize the right to collective bargaining;
(b)
The Guiding Principles on Business and Human Rights, endorsed by the
Human Rights Council in 2011, which set out three pillars to the relationship between
business and human rights. Firstly, States have the obligation to respect, protect and fulfil
human rights and they should do this by taking measures that ensure businesses respect
human rights, including by promoting and enforcing enabling laws and policies. Secondly,
business enterprises have the obligation to respect internationally recognized human rights.
Thirdly, States are required to ensure that victims of human rights violations have access to
effective remedies including judicial and non-judicial remedies (Guiding Principles 25–28);
(c)
The Voluntary Principles on Security and Human Rights, designed
specifically for the extractive industries sector, to help companies maintain the safety and
security of their operations while maintaining respect for human rights. The Voluntary
Principles acknowledge the primary role of Governments for maintaining law and order and
ensuring human rights. Furthermore, the Principles state that companies should use their
influence (i) to ensure that individuals implicated in human rights abuses do not provide
security services for companies; (ii) to limit the use of force to circumstances when it is
strictly necessary and to an extent proportional to the threat; and (iii) to ensure that the
12
See Human Rights Committee, general comment No. 31 (2004) on the nature of the general legal
obligation on States parties to the Covenant, para. 6.
9
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