Taking into account the standards set forth in the International Labour Organization Tripartite
Declaration of Principles Concerning Multinational Enterprises and Social
Policy, and the ILO Declaration on Fundamental Principles and Rights at Work,
Aware of the
Organisation for Economic Co-operation and Development Guidelines for Multinational
Enterprises and its Committee on International Investment and Multinational
Enterprises;
Further aware of the U.N. Global Compact initiative which challenges business leaders to
“embrace and enact” nine basic principles with respect to human rights, including
labour rights and the environment,
Conscious
of the ILO Committee on International Investment and Multinational Enterprises;
the interpretation of standards by the ILO
Governing Body Sub-Committee on Multinational Enterprises of the Committee
on Legal Issues and International Labour Standards, the ILO Committee of Experts,
the Conference Committee on the Application of Standards, and the Declaration
Expert-Advisors; as well as the ILO Committee on Freedom of Association which
has named business enterprises implicated in States’ failure to comply with
ILO Conventions No. 87 concerning the Freedom of Association and Protection
of the Right to Organize and No. 98 concerning the Application of the Principles
of the Right to Organize and Bargain Collectively, and seeking to supplement
and assist their efforts to encourage transnational corporations and other
business enterprises to protect human rights,
Further conscious of the Commentary for
the Norms on the Responsibilities of Transnational Corporations and Other
Business Enterprises with Regard to Human Rights and finding it a useful interpretation
and elaboration of the standards contained in the Norms,
Taking note of global trends which have increased the influence of transnational corporations
and other business enterprises – and particularly transnational corporations
-- on the economies of most countries and in international economic relations;
and the growing number of other business enterprises which operate across
national boundaries in a variety of arrangements resulting in economic activities
beyond the actual capacities of any one national system,
Noting that
transnational corporations and other business enterprises have the capacity
to foster economic well-being, development, technological improvement, and
wealth as well as have the capacity to cause deleterious human rights impacts
on the lives of individuals through their core business practices and operations,
including employment practices, environmental policies, relationships with
suppliers and consumers, interactions with governments, and other activities,
Noting also that
new international human rights issues and concerns are continually emerging
and that transnational corporations and other business enterprises often are
related to these issues and concerns, such that further standard-setting and
implementation are required at this time and in the future,
Acknowledging the
universality, indivisibility, interdependence, and interrelatedness of human rights, including the right to development,
that entitles every human person and all peoples to participate in; contribute
to; and enjoy economic, social, cultural, and political development in which
all human rights and fundamental freedoms can be fully realized,
Reaffirming
that transnational corporations and other business enterprises, their officers,
and their workers have, inter alia, human rights obligations and responsibilities
and that these human rights norms will contribute to the making and development
of international law as to their responsibilities and obligations,
Solemnly proclaims these Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises
with Regard to Human Rights and urges that every effort be made so that they
become generally known and respected:
A. General Obligations
1.
States have the primary responsibility to promote, secure the
fulfilment of, respect, ensure respect of, and protect human rights recognised in international as well
as national law, including assuring that transnational corporations and other
business enterprises respect human rights.
Within their respective spheres of activity and influence, transnational
corporations and other business enterprises have the obligation to promote,
secure the fulfilment of, respect, ensure respect of, and protect human rights recognized in international as well
as national law.
Commentary
a.
This paragraph reflects the primary approach of the Norms and the remainder
of the Norms shall be read in light of this paragraph. The
obligation of transnational corporations and other business enterprises under
these Norms applies equally to activities occurring in the home country of
the transnational corporation or other business enterprise, and in any country
in which the business is engaged in activities.
b.
Transnational corporations and other business enterprises shall have
the responsibility to use due diligence in ensuring that their activities
do not contribute directly or indirectly to human abuses, and that they do
not directly or indirectly benefit from abuses of which they knew or ought
to have known. Transnational corporations and other business enterprises shall
further refrain from activities that would undermine the rule of law as well
as governmental and other efforts to promote and ensure respect for human
rights, and shall use their influence in order to help promote and ensure
respect for human rights. Transnational corporations and other business enterprises
shall inform themselves of the human rights impact of their principal activities
and major proposed activities so that they can further avoid complicity in
human rights abuses. The Norms may not be used by States as an excuse for
failing to take action to protect human rights, for example, through the enforcement
of existing laws.
B. Right to Equal Opportunity
and Non-Discriminatory Treatment
2.
Transnational corporations and other business enterprises shall ensure
equality of opportunity and treatment, as provided in the relevant
international instruments and national legislation as well as international
human rights law, for the purpose of eliminating discrimination based on race, colour, sex,
language, religion, political opinion, national or social origin, social status,
indigenous status, disability, age (except for children who may be given greater
protection), or other status of the individual unrelated to the inherent
requirements to perform the job or complying with special measures designed to overcome past discrimination
against certain groups.
Commentary
a.
Transnational corporations and other business enterprises shall treat
each worker with equality, respect, and dignity. Examples of the other sorts of status as to which discrimination
should be eliminated are health status, marital status, capacity to bear children,
pregnancy, and sexual orientation. No worker shall be subject
to direct or indirect physical, sexual, racial, psychological, verbal, or
any other discriminatory form of harassment or abuse as defined above. No worker shall be subject to intimidation
or degrading treatment; or be disciplined without fair procedures. Transnational corporations and other business
enterprises shall establish a work environment in which it is clear that such
discrimination will not be tolerated.
b.
Discrimination means any distinction, exclusion, or preference made
on the above stated bases, which has the effect of nullifying or impairing
equality of opportunity or treatment in employment or occupation. All policies of transnational corporations
and other business enterprises, including, but not limited to those relating
to recruitment, hiring, discharge, pay, promotion, and training shall be non-discriminatory.
c.
Particular attention should be devoted to the consequences of business
activities that may affect the rights of women and particularly in regard
to conditions of work.
d.
Transnational corporations and other business enterprises shall treat
other stakeholders, such as indigenous peoples and communities, with respect
and dignity, and on a basis of equality.
C. Right to Security of Persons
3.
Transnational corporations and other business enterprises shall not
engage in nor benefit from war crimes; crimes against humanity; genocide;
torture; forced disappearance; forced or compulsory labour; hostage-taking;
extrajudicial, summary or arbitrary executions; other violations of humanitarian
law; and other international crimes against the human person as defined by
international law, in particular human rights and humanitarian law.
Commentary
a.
Transnational corporations and other business enterprises, which produce
and/or supply military, security, or police products/services, shall take
stringent steps to prevent those products and services from being used to
commit human rights or humanitarian law violations and to comply with evolving
best practices in this regard.
b.
Transnational corporations and other business enterprises shall not
produce or sell weapons that have been declared illegal under international
law. Transnational corporations and other business enterprises shall not engage
in trade that is known to lead to human rights or humanitarian law violations.
4.
Security arrangements for transnational corporations and other business
enterprises shall observe international human rights norms as well as the
laws and professional standards of the country or countries in which they
operate.
Commentary
a.
Transnational corporations and other business enterprises, their officers,
workers, contractors, subcontractors, suppliers, licensees, distributors, and natural
or other legal persons that enter into any agreement with the transnational
corporation or business enterprise shall observe international human rights norms
particularly as set forth in the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment; the Rome Statute of the International
Criminal Court; the U.N. Principles on the Use of Force and Firearms; the
U.N. Code of Conduct for Law Enforcement Officers; and emerging best practices developed
by the industry, civil society, and governments.
b.
Business security arrangements shall be used only for preventive or
defensive services and they shall not be used for activities that are exclusively
the responsibility of the State military or law enforcement services.
Security personnel shall only use force when strictly necessary and
only to an extent proportional to the threat.
c.
Security personnel shall not violate the rights of individuals while
exercising the rights to freedom of association and peaceful assembly, to
engage in collective bargaining, or to enjoy other related rights of workers
and employers, such as recognized by the International Bill of Human Rights
and the ILO Declaration on Fundamental Principles and Rights at Work.
d.
Transnational corporations and other business enterprises shall establish
policies against hiring individuals, private militias, and paramilitary groups,
or working with units of State security forces or contract security firms
that are known to have been responsible for human rights or humanitarian law
violations. Transnational corporations
and other business enterprises shall engage in due diligence investigations
of potential security guards or other security providers before they are hired
and ensure that guards in their employ are adequately trained, guided by,
and follow relevant international limitations with regard, for example,
to the use of force and firearms. If a
transnational corporation or other business enterprise contracts with a State
security force or a private security firm, the relevant provisions of these
Norms (paragraphs 3 and 4 as well as the related commentary) shall be incorporated
in the contract and at least those provisions should be made available upon
request to stakeholders in order to assure compliance.
e. Transnational corporations and other business enterprises using
public security forces shall consult regularly with host governments and,
where appropriate, nongovernmental organizations and communities, concerning
the impact of their security arrangements on local communities. Transnational corporations and other business
enterprises shall communicate their policies regarding ethical conduct and
human rights, and express their desire that security be provided in a manner
consistent with those policies by personnel with adequate and effective training.
D. Rights of Workers
5.
Transnational corporations and other business enterprises shall not
use forced or compulsory labour as forbidden by the relevant international
instruments and national legislation as well as international human rights
and humanitarian law.
Commentary
a.
Transnational corporations and other business enterprises shall not
use forced or compulsory labour, as forbidden in ILO Conventions 29 and 105
and other relevant international human rights instruments. Workers shall be recruited, paid, and provided
with working conditions, including wages that will allow them to enjoy just
and favourable conditions of work so as, inter alia, to avoid debt bondage and other contemporary forms of
slavery.
b.
Workers shall have the option to leave employment and the employer
shall facilitate such departure by providing all the necessary documentation
and assistance.
c.
Employers shall have resort to prison labour only in the conditions
spelled out in ILO Convention No. 29, which allows such labour only if the
prisoners concerned have been convicted in a court of law, take part voluntarily
in employment for private undertakings, and are under the supervision and
control of a public authority.
6.
Transnational corporations and other business enterprises shall respect
the rights of children to be protected from economic exploitation as forbidden
by the relevant international instruments and national legislation as well
as international human rights and humanitarian law.
Commentary
a.
Economic exploitation of children includes employment or work in any
occupation before a child completes compulsory schooling and, in any case,
before the child reaches 15 years of age.
Economic exploitation also includes the employment of children in a
manner that is harmful to their health or development, will prevent the children
from attending school or performing school-related responsibilities, or otherwise
is not consistent with human rights standards such as ILO Convention 138 and
Recommendation 146 (Minimum Age), ILO Convention 182 and Recommendation 190
(Worst Forms of Child Labour), and the Convention on the Rights of the Child.
Economic exploitation does not include work done by children in schools
for general, vocational, or technical education or in other training institutions.
b.
Transnational corporations and other business enterprises shall not
employ any person under the age of 18 in any type of work that by its nature
or circumstances is hazardous, interferes with the child’s education, or is
carried out in a way likely to jeopardize the health, safety, or morals of
young persons.
c.
Transnational corporations and other business enterprises may employ
persons ages 13 to 15 years in light work if national laws or regulations
permit. Light work is defined as work
which is not likely to be harmful to the health or development of the child,
and will not prejudice the school attendance, participation in vocational
orientation, training programmes approved by competent authority, or the child’s
capacity to benefit from the instruction received.
d.
Transnational corporations and other business enterprises using child
labour shall create and implement a plan to eliminate child labour. Such a plan shall assess what will happen to
children who are no longer employed in the business and include measures such
as withdrawing children from the workplace in tandem with the provision of
suitable opportunities for schooling, vocational training, and other social
protection for the children and their families, for example, by employing
the parents or older siblings or engaging in other measures
consistent with ILO Recommendations 146 and
190.
7. Transnational corporations and other business
enterprises shall provide a safe and healthy working environment as provided
by the relevant international instruments and national legislation as well
as international human rights and humanitarian law.
Commentary
a. Transnational corporations and other business
enterprises shall provide a safe and healthy working environment in accordance
with the national requirements of the countries in which they are located
and with international standards such as those found in the International
Covenant on Economic, Social and Cultural Rights; ILO Conventions 115 (Radiation
Protection Convention), 119 (Guarding of Machinery Convention), 120 (Hygiene
(Commerce and Offices)), 127 (Maximum Weight Convention), 136 (Benzene Convention),
139 (Occupational Cancer), 148 (Working Environment (Air Pollution, Noise
and Vibration) Convention), 155 (Occupational Safety and Health Convention),
161 (Occupational Health Services Convention), 162 (Asbestos Convention),
167 (Safety in Construction Convention), 170 (Chemicals Convention), 174 (Prevention
of Major Industrial Accidents Convention), 176 (Safety and Health in Mines
Convention), and other relevant recommendations; as well as ensuring their
application under ILO Conventions 81 (Labour Inspection Convention), 129 (Agriculture
Labour Inspection Convention), 135 (Workers’ Representatives Convention),
and their successor conventions. Such a safe and healthy work environment shall
aid in the prevention of accidents and injuries arising out of, linked with,
or occurring within the course of work. Transnational
corporations and other business enterprises shall also take into account the
particular needs of migrant workers as set forth in ILO Convention 143 (Treatment
of Migrant Workers) and the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families.
b. Consistent with paragraph 15(a), transnational
corporations and other business enterprises shall make available information
about the health and safety standards relevant to their local activities.
The information shall also include arrangements for training in safe
working practices and details on the effects of all substances used in manufacturing
processes. In particular and additionally consistent with
paragraph 15(e), transnational corporations and other business enterprises
shall make known any special hazards that tasks or conditions of work involve
and the related measures available to protect the workers.
c. Transnational corporations and other business
enterprises shall provide, where necessary, measures to deal with emergencies
and accidents, including first-aid arrangements. They also shall provide at their expense personal
protective clothing and equipment when necessary. Further, they shall incur expenses for occupational
health and safety measures.
d. Transnational corporations and other business
enterprises shall consult and cooperate fully with health, safety, and labour
authorities; workers’ representatives and their organizations; and established
safety and health organizations on matters of occupational health and safety.
They shall examine the causes of safety and health hazards in their
industry and work to implement improvements and solutions to those conditions,
including the provision of safe equipment at least consistent with industry
standards. Further, they shall monitor the working environment
and the health of workers liable to exposure to specified hazards and risks.
Transnational corporations and other business enterprises shall investigate
work-related accidents, keep records of incidents stating their cause and
remedial measures taken to prevent similar accidents, assure the provision
of remedies for the injured, and otherwise act in accordance with paragraph
16(e).
e. Consistent with paragraph 16(e), transnational
corporations and other business enterprises shall also respect: (1) the right
of workers to remove themselves from work situations in which there is a reasonable
basis to be concerned about present, imminent, and serious danger to life
or health; (2) not subject them to consequences as a result; and further (3)
not require them to return to work situations as long as the condition continues.
f. Transnational corporations and other business
enterprises shall not require any worker to work more than 48 hours per week
or more than 10 hours in one day. Voluntary
overtime for workers shall not exceed 12 hours per week and shall not be expected
on a regular basis. Compensation for
such overtime shall be at a rate higher than the normal rate.
Each worker shall be given at least one day off in every seven-day
period. These protections may be adjusted
to meet the different needs of management personnel; construction,
exploration, and similar workers who work for short periods (e.g.,
a week or two) followed by a comparable period of rest; and professionals
who have clearly indicated their personal desire to work more hours.
8. Transnational corporations and other business
enterprises shall provide workers with remuneration that ensures an adequate
standard of living for them and their families. Such remuneration shall take due account of
their needs for adequate living conditions with a view towards progressive
improvement.
Commentary
a. Transnational corporations and other business
enterprises shall provide workers with fair and reasonable remuneration for work done
or to be done, freely agreed upon or fixed by national laws or regulations
(whichever is higher), payable regularly and at short intervals in
legal tender, so as to ensure an
adequate standard of living for workers and their families, and in a manner
consistent with international standards, such as ILO Convention 95 (Protection
of Wages).
b. Transnational corporations and other business
enterprises shall not deduct from a worker’s wages already earned for disciplinary
measures; nor shall any deduction from wages be permitted under conditions
or to an extent other than prescribed by national laws or regulations, or
fixed by a collective agreement or arbitration award. Transnational corporations and other business
enterprises shall also avoid taking actions to undermine the value of employee
benefits, including pensions, deferred compensation, and health care.
c. Transnational corporations and other business
enterprises shall keep detailed written records on each worker’s hours of
work and wages paid. Workers shall
be informed in an appropriate and easily understandable manner before they
enter employment and when any changes take place as to the conditions in respect
of wages, salaries, and additional emoluments under which they are employed.
At the time of each payment of wages, workers shall receive a wage
statement informing them of such particulars relating to the pay period concerned
as to the gross amount of wages earned, any deduction which may have been
made including the reasons therefore, and the net amount of wages due.
d. Transnational corporations and other business
enterprises shall not limit in any manner the freedom of workers to dispose
of their wages; nor shall they exert any coercion on workers to make use of
company stores or services, where such stores exist. In cases in which the partial payment of wages
in the form of allowances in kind is authorized by national laws or regulations,
collective agreements, or arbitration awards, transnational corporations and
other business enterprises shall ensure that such allowances are appropriate
for the personal use and benefit of workers and their families and that the
value attributed to such allowances is fair and reasonable.
e. In determining a wage policy and rates of remuneration,
transnational corporations and other business enterprises shall ensure the
application of the principle of equal remuneration for work of equal value
and the principle of equality of opportunity and treatment in respect of employment
and occupation, in accordance with international standards such as ILO Conventions
100 (Equal Remuneration) and 111 (Employment and Occupation).
9. Transnational corporations and other business
enterprises shall ensure the freedom of association and effective recognition
of the right to collective bargaining by protecting the right to establish
and, subject only to the rules of the organization concerned, to join organizations
of their own choosing without distinction, previous authorization, or interference,
for the protection of their employment interests and for other collective
bargaining purposes as provided in national
legislation and the relevant ILO conventions.
Commentary
a. Transnational corporations and other business
enterprises shall recognize workers’ and employers’ freedom of association
consistent with ILO Convention 87 (Freedom of Association) and other international
human rights law. They shall recognize
the rights of workers’ organizations to function independently and without
interference, including with respect to the right of workers’ organizations
to draw up their constitutions and rules, to elect their representatives,
to organize their administration and activities, and to formulate their programmes.
Further, they shall refrain from discriminating against workers by
reason of trade union membership or participation in trade union activities,
and shall refrain from any interference that restricts these rights or impedes
their lawful exercise.
b. Transnational corporations and other business
enterprises shall recognize workers’ organizations for the purpose of collective
bargaining consistent with ILO Convention 98 (Right to Collective Bargaining)
and other international human rights law. They shall respect the right of workers to strike; submit grievances,
including grievances as to compliance with these Norms, to fair and impartial
persons who have the authority to redress any abuses found; and to be protected
from suffering prejudice for using those procedures.
c. Transnational corporations and other business
enterprises shall enable representatives of their workers to
conduct negotiations on their terms and conditions of employment with representatives
of management who are authorized to make decisions about the issues under
negotiation. They shall further give
workers and their representatives access to information, facilities, and other
resources, as consistent with international standards such as ILO Convention
135 (Workers’ Representatives Convention) and Recommendation 129 (Communications
between Management and Workers) that are relevant and necessary for their
representatives to conduct negotiation effectively and without unnecessary
harm to legitimate employer interests.
d. Transnational corporations
and other business enterprises shall abide by provisions in collective bargaining
agreements that provide for the settlement of disputes arising over their
interpretation and application and also by decisions of tribunals or other
mechanisms empowered to make determinations on such matters.
They shall ensure that the existence of workers’ representatives does
not undermine the position of the union, established consistent with international
standards, and that workers’ representatives are entitled to bargain collectively
only where there is no such union in the company.
e. Transnational corporations
and other business enterprises shall take particular care to protect the rights
of workers from procedures in countries that do not fully implement international
standards regarding the freedom of association, the right to organize, and
the right to bargain collectively.
E. Respect
for National Sovereignty and Human Rights
10.
Transnational corporations and other business enterprises shall recognize
and respect
applicable norms of international
law; national laws; regulations; administrative practices; the rule of law;
the public interest; development objectives; social, economic, and cultural
policies including transparency, accountability, and prohibition of corruption;
and authority of the countries in which the enterprises operate.
Commentary
a. Transnational corporations
and other business enterprises, within the limits of their resources and capabilities,
shall encourage social progress and development by expanding economic opportunities
– particularly in developing countries and most importantly in the least developed
countries.
b. Transnational corporations and other business
enterprises shall respect the right to development, which all peoples are
entitled to participate in and contribute to, and the right to enjoy economic,
social, cultural and political development in which all human rights and fundamental
freedoms can be fully realized and in which sustainable development can be
achieved so as to protect the rights of future generations.
c. Transnational corporations
and other business enterprises shall respect the rights of local communities
affected by their activities and the rights of indigenous peoples and communities
consistent with international human rights standards such as ILO Convention
169 (Indigenous and Tribal Peoples). They shall particularly respect the rights of
indigenous peoples and similar communities to own, occupy, develop, control,
protect, and use their lands, other natural resources, and cultural and intellectual
property. Indigenous peoples and communities
shall not be deprived of their own means of subsistence, nor shall they be
removed from lands which they occupy in a manner inconsistent with ILO Convention
169. Further, they shall avoid endangering
the health, environment, culture, and institutions of indigenous peoples and
communities in the context of projects, including road building in or near
indigenous peoples and communities. Transnational
corporations and other business enterprises shall use particular care in situations
in which indigenous lands, resources, or rights thereto have not been adequately
demarcated or defined.
d. Transnational corporations
and other business enterprises shall protect and enforce intellectual property
rights in a manner that contributes to the promotion of technological innovation
and to the transfer and dissemination of technology, to the mutual advantage
of producers and users of technological knowledge, in a manner conducive to
social and economic welfare, such as the protection of public health, and
to a balance of rights and obligations.
11. Transnational corporations and other business
enterprises shall not offer, promise, give, accept, condone, knowingly benefit
from, or demand a bribe or other improper advantage. Nor shall they be solicited or expected to give a bribe or other
improper advantage to any government, public official, candidate for elective
post, any member of the armed forces or security forces, or any other individual
or organization. Transnational corporations
and other business enterprises shall refrain from any activity which supports,
solicits, or encourages States or any other entities to abuse human rights.
They shall further seek to ensure that the goods and services they
provide will not be used to abuse human rights.
Commentary
a. Transnational corporations and other business
enterprises shall enhance the transparency of their activities in regard to
payments made to governments and public officials; openly fight against bribery, extortion,
and other forms of corruption; and cooperate with State authorities responsible
for combating corruption.
b. Transnational corporations and other business
enterprises shall not receive payment, reimbursement, or other benefit in
the form of natural resources without the approval of the recognized government
of the State of origin of such resources.
c. Transnational corporations and other business
enterprises shall assure that the
information in their financial
statements fairly presents in all material respects the
financial condition, results
of operations, and cash flows of the business.
12. Transnational corporations and other business
enterprises shall respect civil, cultural, economic, political, and social
rights, and contribute to their realization, in particular the rights to development;
adequate food and drinking water; the highest attainable standard
of physical and mental health; adequate housing; privacy; education; freedom
of thought, conscience, and religion; and freedom of opinion and expression;
and refrain from actions which obstruct or impede
the realization
of those rights.
Commentary
a. Transnational corporations and other business
enterprises shall observe standards that promote the availability, accessibility,
acceptability, and quality of the right to health, for example as identified
in Article 12 of the Covenant on Economic, Social and Cultural Rights, the
General Comment on the right to the highest attainable standard of health,
and the relevant standards established by the WHO.
b. Transnational corporations and other business
enterprises shall observe standards which promote the availability of food
in a quantity and quality sufficient to satisfy the dietary needs of individuals,
free from adverse substances, acceptable within a given culture, accessible
in ways that are sustainable and do not interfere with the enjoyment of other
human rights, and are otherwise in accordance with international standards
such as Article 11 of the Covenant on Economic, Social and Cultural Rights,
and the General Comment on the right to adequate food. Transnational corporations and other business
enterprises shall further observe standards which protect the right to water
and are otherwise in accordance with the General Comment on the right to water.
c. Transnational corporations and
other business enterprises shall further observe standards which protect the
right to adequate housing and are otherwise in accordance with Article 11
of the Covenant on Economic, Social and Cultural Rights, and the General Comments
on the right to adequate housing and forced evictions. Transnational corporations
and other business enterprises shall not forcibly evict individuals, families,
and/or communities against their will from their homes and/or land which they
occupy, without having had recourse to,
