A/HRC/4/99
page 17
58.
Participants discussed the draft “Norms on the responsibilities of transnational
corporations and other business enterprises with regard to human rights”.9 One NGO participant
stressed that the norms served three purposes at the time of their creation. The first was to help
companies identify gaps in human rights policies and understand the implications of
international standards for their own responsibilities: prior to the draft norms, companies would
be referred only to the Universal Declaration on Human Rights. The norms offer a better
framework, notwithstanding debates around some of their principles. The second purpose was to
create a higher level of debate and concern over business and human rights. Thirdly, the draft
norms were meant to be the basis for an enforcement mechanism for direct application to
companies, perhaps 20 years from now, as a result of a binding instrument on corporate
accountability. It was noted that the draft norms were not intended to be a framework for
measuring impact or performance; in that respect the draft norms failed but the debate would
clearly continue. It was suggested that the norms could serve as a framework for HRIAs and the
human rights policies of companies.
59.
The obligations and role of States were also discussed at length. Some participants
questioned the focus on increasing voluntary standards for corporations, while the focus should
be on State obligations. It was suggested that the right to justice not be privatized, and that
participants focus these discussions on helping Governments to better fulfil their obligations - to
keep repeating that government capacity is weak may only reinforce the problem. All efforts
should support the long-term goal of building government capacity, not creating parallel
systems, while addressing short-term issues. There was a need to strengthen the human rights
architecture at all levels of the United Nations system, a process that companies can support as
advocates.
60.
It was suggested that there should be more focus on the role of financial institutions in
promoting greater enjoyment of human rights through banking and lending, for example in
developing microfinance and lending and deposit activity for poor customers, and establishing
property rights so that poor people would have collateral for loans.
61.
Reference was made to the intent of multi-stakeholder initiatives in raising awareness of
human rights beyond those engaged in project finance. For example, most of the 160 members
of UNEP FI will never be involved in project finance, but they have made a commitment and
wish to take action to improve their human rights performance, which is what UNEP FI aims to
support. A newly established Justice and Human Rights Trust Fund at the World Bank was also
discussed in this regard.
62.
Participants came back to the importance of exploring synergies and bridging existing
initiatives. There was a suggestion that there could be collaboration between OECD and the
Berne Union for instance, while others discouraged sole focus on OECD because of the
importance of non-OECD players and the private sector.
9
E/CN.4/Sub.2/2003/12/Rev.2.
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