A/HRC/11/32
page 16
protection for those in the informal sector living in extreme poverty.24 Furthermore,
Arne Tostensen and the 2008 NGO Consultation indicated a need for more consistent reference
to ILO labour Conventions, and State obligations on the right to employment.
D. Section 3
State obligations and international cooperation
55. The independent expert on human rights and extreme poverty and Wouter Vandenhole
noted that the subsection on international cooperation should be solidly grounded in the
authoritative interpretation provided by the United Nations human rights treaty bodies and
should draw on the body of scholarly work built up in this area. Attention was drawn to
article 2.1 of the International Covenant on Economic, Social and Cultural Rights, the
Committee on Economic, Social and Cultural Rights general comments 3 and 4, and relevant
concluding observations of treaty bodies.
Duties and responsibilities of public and private entities in combating poverty
56. The independent expert on human rights and extreme poverty suggested that the subsection
on duties and responsibility of public and private entities in combating poverty be entitled
“Duties of non-State actors”. She highlighted that the draft guiding principles currently overlook
the issue of responsibilities of national and transnational business enterprises. Although
international human rights law traditionally binds States rather than corporations or business
enterprises, there is growing evidence that international law in this area is moving to close this
legal loophole and address issues of corporate behaviour and responsibility. The draft guiding
principles have a role to play in providing suggestions as to how States can and should regulate
when it comes to abuse by business enterprises.
57. She suggested that the draft guiding principles be rephrased so as to take into account
doctrinal developments on the responsibility of companies and international organizations,
among others, in their application to the issue of extreme poverty.
III. DISCUSSION ON THE WAY FORWARD
58. A discussion on the way forward with a view to adopting guiding principles on extreme
poverty and human rights took place at the final session of the seminar. The Government of
France, in its role as one of the co-sponsoring countries of resolution 7/27, proposed that the
Human Rights Campaign mandate the independent expert on the question of extreme poverty
and human rights to carry out a revision of the draft guiding principles, which would take into
consideration the results of the consultations undertaken so far and the conclusions of the
seminar. The independent expert could also decide to undertake additional final consultations, in
24
2008 NGO Consultation and David Gordon.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents