A/HRC/29/25
human rights of individuals are not violated, including the rights to freedom of peaceful
assembly and of association;
(d)
The International Code of Conduct for Private Security Service Providers, a
multi-stakeholder initiative convened by the Government of Switzerland to set standards
and principles for the conduct of private security service providers based on international
human rights and humanitarian law.13 The initiative establishes an external independent
oversight mechanism to enhance accountability;
(e)
The Organization for Economic Cooperation and Development Guidelines
for Multinational Companies, non-binding principles and standards recommended by
adhering States for responsible business conduct. The Guidelines are actively promoted by
Governments through national contact points, which also provide mediation and
conciliation platforms to resolve issues that may arise. Enterprises are encouraged to
respect internationally recognized human rights norms and support the promotion of respect
for the freedoms of expression, assembly and association online. The recommendations
largely mirror those contained in the Guiding Principles on Business and Human Rights
discussed above.
25.
Many States consider that their obligations in relation to human rights apply only
within their borders. In recent years, efforts have been made to highlight States’
extraterritorial obligations, which are inherent in international human rights law. The
Maastricht Principles on Extraterritorial Obligations of States in the area of Economic,
Social and Cultural Rights were compiled by international experts as a restatement of
international law clarifying States’ extraterritorial obligations. Although conceived in
relation to economic, social and cultural rights, the principles are also applicable to civil
and political rights. Of interest to the Special Rapporteur is the obligation for States to
adopt and enforce measures to realize rights not only where the threat or harm occurs
within their territory, but also “where the corporation or its parent or controlling company,
has its center of activity, is registered or domiciled, or has its main place of business or
substantial business activities, in the State concerned” (principle 25 (c)). Broadening the
concept of responsibility to include more than one State not only strengthens underlying
rights, it also increases the chances of victims obtaining redress when violations occur.
26.
Initiatives such as the Extractive Industries Transparency Initiative and the Open
Government Partnership enshrine the role of citizens in policymaking processes, including
those related to natural resource governance.
27.
The objective of the Extractive Industries Transparency Initiative is to promote
openness and accountability in the management of natural resource exploitation through a
global standard.14 Implementation and monitoring of the standard is overseen by an
international board and national multi-stakeholder groups, consisting of representatives
from Governments, companies and civil society representatives. The underlying rationale is
that the management of natural resources in any country is a shared interest and can only be
effective when all stakeholders have access to relevant information and are able to act on
this information to promote sustainable economic and social development. To achieve the
objectives of the Initiative, implementing countries are required, among other things, to
13
14
10
Also of interest is the Montreux Document on pertinent international legal obligations and good
practices for States related to operations of private military and security companies during armed
conflict, which resulted from an initiative by the Swiss Government and the International Committee
of the Red Cross to reiterate international humanitarian and human rights law principles that govern
the activities of private military and security companies in the context of armed conflict (see
A/63/467–S/2008/636, annex).
Available from https://eiti.org/files/English_EITI_STANDARD.pdf.
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