A/HRC/8/52
page 30
6.
Decides to continue consideration of this issue in accordance with its annual programme of
work.
28th meeting
18 June 2008
Adopted without a vote.
8/7. Mandate of the Special Representative of the Secretary-General on the issue of
human rights and transnational corporations and other business enterprises
The Human Rights Council,
Recalling Commission on Human Rights resolution 2005/69 of 20 April 2005 on the
responsibilities of transnational corporations and related business enterprises with regard to
human rights,
Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March 2006,
Recalling Council resolutions 5/1 on institution-building of the Human Rights
Council and 5/2 on the code of conduct for special procedures mandate holders of the Council of
18 June 2007, and stressing that the mandate holder shall discharge his/her duties in accordance
with those resolutions and the annexes thereto,
Stressing that the obligation and the primary responsibility to promote and protect human
rights and fundamental freedoms lie with the State,
Emphasizing that transnational corporations and other business enterprises have a
responsibility to respect human rights,
Recognizing that proper regulation, including through national legislation, of transnational
corporations and other business enterprises, and their responsible operation can contribute to the
promotion, protection and fulfilment of and respect for human rights and assist in channelling the
benefits of business towards contributing to the enjoyment of human rights and fundamental
freedoms,
Concerned that weak national legislation and implementation cannot effectively mitigate
the negative impact of globalization on vulnerable economies, fully realize the benefits of
globalization or derive maximally the benefits of activities of transnational corporations and
other business enterprises and that therefore efforts to bridge governance gaps at the national,
regional and international levels are necessary,
1.
Welcomes the reports of the Special Representative and in particular the
identification, through the process of consultations, studies and analysis, of a framework based
on three overarching principles of the State duty to protect all human rights from abuses by, or
involving, transnational corporations and other business enterprises, the corporate responsibility
to respect all human rights, and the need for access to effective remedies, including through
appropriate judicial or non-judicial mechanisms;
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