Addendum 2: Draft Universal Human Rights Guidelines for
Companies with Source Materials
The following Draft Universal Human Rights Guidelines for Companies is introduced in U.N. Doc. E/CN.4/Sub.2/2001/X. This version contains both the proposed draft language and the principal materials that served as the basis for each provision of the draft principles. Addendum 1 contains the text of the Draft Human Rights Guidelines for Companies.
DRAFT UNIVERSAL HUMAN
RIGHTS GUIDELINES FOR COMPANIES
A. General Obligations
1.
While governments
have the primary obligation to respect, ensure respect for, and promote
internationally recognized human rights, companies also have the obligation to
respect, ensure respect for, and promote international human rights within
their respective spheres of activity and influence.
2.
Nothing in these
Guidelines shall diminish the human rights obligations of governments.
Commentary
a. Companies shall inform themselves of the human rights impact of their principal activities and major proposed activities, so that they can avoid complicity in human rights abuses. Companies shall have the responsibility to ensure that their business activities do not contribute directly or indirectly to human rights abuses, and that they do not knowingly benefit from these abuses. Companies 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. The Guidelines may not be used by governments as an excuse for failing to take action to protect human rights, for example, through the enforcement of existing laws.
ILO Tripartite Declaration of Principles concerning Multinational
Enterprises and Social Policy, ¶ 8
“All the parties concerned by this
Declaration …should respect the Universal Declaration of Human Rights and the
corresponding International Covenants adopted by the General Assembly of the
United Nations…”
The Global Compact, Principles 1 & 2
“The Secretary-General asked world business to: Principle 1: support and respect the protection of international human rights within their sphere of influence; and Principle 2: make sure their own corporations are not complicit in human rights abuses.”
OCED Guidelines for Multinational Enterprises, 1976
“Multinational enterprises now play an
important part in the economies of Member countries an in international
economic relations, which is of increasing interest to governments. Through international direct investment,
such enterprises can bring substantial
benefits to home and host countries by contributing to the efficient
utilisation of capital, technology and human resources between countries and
can thus fulfil an important role in the promotion of economic and social
welfare…. The common aim of the Member
countries is to encourage the positive contributions which multinational
enterprises can make to economic and social progress and to minimise and
resolve the difficulties to which their various operations may give rise.”
The Global Sullivan Principles
“[Accordingly, we will:] Express our
universal human rights and, particularly, those of our employees, the
communities within which we operate, and parties with whom we do business.”
Reebok International Ltd., Human Rights Policy, Commitment to Human
Rights
“Reebok’s devotion to human rights worldwide
is a hallmark of our corporate culture.
As a corporation in an ever-more global economy we will not be
indifferent to the standards of our business partners around the world. We believe that the incorporation of
internationally recognized human rights standards into our business practice
improves worker morale and results in a higher quality working environment and
higher quality products.”
The Nokia Way, Code of Conduct
“Nokia will respect and promote human
rights. Nokia recognizes, with the
international community, that certain human rights should be considered
fundamental and universal. Among those
rights that Nokia views as fundamental and universal are: freedom from any discrimination based on
race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth, or other status; freedom from arbitrary
detention, execution or torture; freedom of peaceful assembly and association;
freedom of thought, conscience and religion; and freedom of opinion and
expression.”
Rio Tinto, The Way We Work, Human Rights
Policy
“The Rio Tinto Group's policy on Human
rights is based on its support for the United Nations Universal Declaration of
Human Rights and respect for Human rights provisions enshrined in the law of
those countries where the Group operates, and rooted in the approach to local
communities set out in its communities policy.
Rio Tinto supports and protects the dignity, well-being and rights of
those with whom it is directly involved: its employees and their families, and
the local communities which are neighbours of its operations. The Group's
employment and communities policies commit operations to making a positive
contribution to their development thorough a relationship based on mutual
respect. Infringements of their rights by others
will be opposed, through dialogue and, where it will be helpful, in public.
Beyond this, the Group is guided by the values of the international community
that human rights should be protected and promoted everywhere…. The Group aims
to develop ever greater understanding of human rights issues, and of their
consequences for its operations; It seeks dialogue with representative bodies,
with international and other non governmental organisations, and with others in
the business community. The aim is a practical common effort to promote respect
for human rights."
Body Shop, Trading Charter
“We aim to ensure that
human and civil rights, as set out in the Universal Declaration of Human
Rights, are respected throughout our business activities.”
B. Right to Equal Treatment
3. Companies shall pursue policies which promote equality of opportunity and treatment, with a view towards eliminating discrimination based on race, colour, sex, religion, political opinion, nationality, social origin, social status, indigenous status, disability, age (over the age of majority), marital status, capacity to bear children, pregnancy, sexual orientation, genetic features, or other status of the individual unrelated to the individual’s ability to perform his/her job, unless the selectivity is specifically designed to promote equality in employment or to protect health.
Commentary
a. Companies shall treat each worker with equality, respect, and dignity. 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.
b. All policies of companies, including, but not limited to those relating to recruitment, hiring, discharge, pay, promotion, and training shall be non-discriminatory as defined above. Companies shall establish a work environment in which it is clear that such discrimination will not be tolerated.
c. In view of the prevalence of sex discrimination particular attention should be devoted to the consequences of company activities that may affect the rights of women.
d. Companies shall treat other stakeholders, such as indigenous peoples and communities, with equality, respect, and dignity.
Universal Declaration of Human Rights, Article 2 & 7
“Article 2. Everyone is entitled to all the rights and
freedoms set forth in this Declaration without distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.
Article 7. All are equal before
the law and are entitled without any discrimination to equal protection of the
law. All are entitled to equal
protection against any discrimination in violation of this Declaration . . ..”
International
Covenant on Economic, Social and Cultural Rights, Article 2.2
“The State Parties to the
present Covenant will undertake to guarantee that the rights enunciated in the
present Covenant will be exercised without discrimination of any kind as to race,
colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.”
International Covenant on Civil and
Political Rights, Article 26
“All persons are equal
before the law and are entitled without any discrimination to the equal
protection of the law. In this respect,
the law shall prohibit any discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such as race, colour,
sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.
Convention
on the Rights of the Child, Article 18, ¶2
“For the purpose of
guaranteeing and promoting the rights set forth in the present Convention,
States Parties shall render appropriate assistance to parents and legal
guardians in the performance of their child-rearing responsibilities and shall
ensure the development of institutions, facilities and services for the care of
children.”
Draft
United Nations Declaration on the Rights of Indigenous Peoples
“Indigenous individuals
have the right not to be subjected to any discriminatory conditions of labour,
employment or salary.”
The Global Compact, Principle 6
“Businesses
should…eliminate discrimination in respect of employment and occupation.”
OECD
Guidelines for Multinational Enterprises, Employment and Industrial Relations,
¶ 1(d)
“ [Enterprises should] Not
discriminate against their employees with respect to employment or occupation
on such grounds as race, colour, sex, religion, political opinion, national
extraction or social origin, unless selectivity concerning employee
characteristics furthers established governmental policies which specifically
promote greater equality of employment opportunity or relates to the inherent
requirements of the job.”
Charter
of Fundamental Rights of the European Union, Article 21
“Non-discrimination 1. Any discrimination based on any ground
such as sex, race, colour, ethnic or social origin, genetic features, language,
religion or belief, political or any other opinion, membership of a national
minority, property, birth, disability, age or sexual orientation shall be
prohibited.”
ICFTU
Basic Code of Labour Practice, There is no Discrimination in Employment
“Equality of opportunity
and treatment regardless of race, colour, sex, religion, political opinion,
nationality, social origin or other distinguishing characteristic shall be
provided (ILO Conventions 100 and 111).”
ICFTU Basic Code of Labour Practice, Working
Conditions are Decent
“Physical
abuse, threats of physical abuse, unusual punishments or discipline, sexual and
other harassment, and intimidation by employer is strictly prohibited.”
Clean
Clothes Campaign, Code of Labour Practices for the Apparel Industry Including
Sportswear
“Equality of opportunity
and treatment regardless of race, colour, sex, religion, political opinion,
nationality, social origin or other distinguishing characteristic shall be
provided (ILO Conventions 100 and 111)…. Physical abuse, threats of physical abuse,
unusual punishments or discipline, sexual and other harassment and intimidation
by the employer is strictly prohibited.”
Ethical
Trading Initiative Code of Conduct, No Discrimination is Practiced and No Harsh
or Inhumane Treatment is Allowed
“7.1 There is no
discrimination in hiring, compensation, access to training, promotion,
termination or retirement based on race, caste, national origin, religion, age,
disability, gender, marital status, sexual orientation, union membership or
political affiliation. 9.1 Physical abuse or discipline, the threat of physical
abuse, sexual or other harassment and verbal abuse or other forms of
intimidation shall be prohibited.”
Reebok
International Ltd., Human Rights Production Standards, Nondiscrimination
“Reebok will seek business
partners who do not discriminate in hiring and employment practices, and who
make decisions about hiring, salary, benefits, advancement, discipline,
termination and retirement solely on the basis of a person's ability to do the
job.”
Levi
Strauss & Co, Code of Conduct, Employment Standards
“Discrimination: While we
recognize and respect cultural differences, we believe that workers should be
employed on the basis of their ability to do the job, rather than on the basis
of personal characteristics or beliefs. We will favor business partners who
share this value. Disciplinary Practices: We will not utilize business partners
who use corporal punishment or other forms of mental or physical coercion.”
Volkswagen,
Partnership-Based Code of Conduct at Work
“Sexual harassment, which in most cases is directed towards women, mobbing of individuals and discrimination on grounds of origin, race or religion represent a serious disturbance of peaceful relations a t the workplace. Such behaviour is regarded as in infringement of human dignity and a violation of personal privacy and is irreconcilable with the provisions of company regulations. The company is committed to preventing sexual harassment, mobbing and discrimination and to promoting and maintaining a partnership-based environment. This also applies to advertising and representation in public.”
C. Right to security of persons
4. Companies shall not engage in nor benefit from war crimes, crimes against humanity, genocide, torture, forced disappearance, hostage-taking, abuses in internal armed conflict, and other international crimes against the human person.
Commentary
a. Companies, which 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.
b. Companies shall not produce or sell weapons that have been declared illegal under international law. Companies shall not engage in trade that is known to lead to serious human rights abuses.
Universal
Declaration of Human Rights, Article 3
“Everyone has the right to
life, liberty and the security of person.”
Charter
of the International Military Tribunal (IMT), in Agreement for the Prosecution
and Punishment of the Major War Criminals of the European Axis (London Agreement), August 8, 1945, 58 Stat.
1544, E.A.S. No. 472, 82 U.N.T.S. 280:
“The following acts, or
any of them, are crimes coming within the jurisdiction of the Tribunal for
which there shall be individual responsibility: (a) Crimes against Peace:
namely, planning, preparation, initiation or waging of a war of aggression, or
a war in violation of international treaties, agreements or assurances, or
participation in a common plan or conspiracy for the accomplishment of any of
the foregoing: (b) War Crimes: namely, violations of the laws or customs of
war. Such violations include, but not be limited to, murder, ill-treatment or deportation of slave labor or for
any other purpose of civilian population of or in occupied territory, murder or
ill-treatment of prisoners of war or persons on the seas, killing of hostages,
plunder of public or private property, wanton destruction of cities, towns or
villages, or devastation not justified by military necessity: (c) Crimes against Humanity: namely, murder,
extermination, enslavement, deportation, and other inhumane acts committed
against any civilian population, before or during the war, or persecutions on
political, racial or religious grounds in execution of or in connection with
any crime within the jurisdiction of the Tribunal, whether or not in violation
of the domestic law of the country where perpetrated. . . .”
Convention
on the Prevention and Punishment of the Crime of Genocide
“The Contracting Parties
confirm that genocide, whether committed in time of peace or in time of war, is
a crime under international law which they undertake to prevent and to punish.
Article 2: In the present Convention,
genocide means any of the following acts committed with intent to destroy, in
whole or in part, a national, ethnic,, racial or religious group, as such: (a)
Killing members of the group; (b) Causing serious bodily or mental harm to
members of the group; (c) Deliberately inflicting on the group conditions of
life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to
prevent births within the group; (e) Forcibly transferring children of the
group to another group.”
Declaration
on the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
“Article 1: 1. For the
purpose of this Declaration, torture means any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted by or at the
instigation of a public official on a person for such purposes as obtaining
from him or a third person information or confession, punishing him for an act
he has committed or is suspected of having committed, or intimidating him or
other persons. It does not include pain or suffering arising only from,
inherent in or incidental to, lawful sanctions to the extent consistent with
the Standard Minimum Rules for the Treatment of Prisoners. 2. Torture
constitutes an aggravated and
deliberate form of cruel, inhuman or degrading treatment or punishment. Article 2:
Any act of torture or other cruel, inhuman or degrading treatment or
punishment is an offence to human dignity and shall be condemned as a denial of
the purposes of the Charter of the United Nations and as a violation of the
human rights and fundamental freedoms proclaimed in the Universal Declaration
of Human Rights”.
Sub-Commission
on the Promotion and Protection of Human Rights, International peace and
security as an essential condition for the enjoyment of human rights, above all
the right to life
“The Sub-Commission on
Prevention of Discrimination and Protection of Minorities . . . [u]rges all
States to be guided in their national policies by the need to curb the testing,
the production and the spread of weapons of mass destruction, or with indiscriminate
effect, or of a nature to cause superfluous injury or unnecessary suffering;”
Convention
on the Prohibition of the Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on their Destruction.
“Each State Party to this
Convention undertakes never in any circumstances to develop, produce, stockpile
or otherwise acquire or retain: 1. microbial or other biological agents, or
toxins whatever their origin or method of production, of types and in quantities
that have no justification for prophylactic, protective or other peaceful
purposes; 2. weapons, equipment or means of delivery designed to use such
agents or toxins for hostile purposes or in armed conflict.”
Convention
on the Prohibition of the Development, Production, Stockpiling, and Use of
Chemical Weapons and on their Destruction
“Each State Party to this
Convention undertakes never under any circumstances: (a) To develop, produce,
otherwise acquire, stockpile or retain chemical weapons, or transfer, directly
or indirectly, chemical weapons to anyone; (b) To use chemical weapons; (c) To
engage in any military preparations to use chemical weapons; (d) To assist,
encourage or induce, in any way, anyone to engage in any activity prohibited to
a State Party under this Convention.”
5.
Security
arrangements for companies shall observe the law and professional standards of
the country in which they operate in so far as those laws do not conflict with
international human rights standards.
Commentary
a. Companies shall observe emerging best practices developed by the industry, civil society, and governments; and international human rights standards, particularly the UN Principles on the Use of Force and Firearms and the UN Code of Conduct for Law Enforcement Officers.
b. Company 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 as recognized by the Universal Declaration of Human Rights and the ILO Declaration on Fundamental Principles and Rights at Work.
d. Companies shall establish policies against hiring individuals or working with units of state security forces or contract security firms that are known to have been responsible for human rights abuses. To the extent of their resources and capabilities, companies shall ensure that guards in their employ are adequately trained, guided by, and particularly trained concerning relevant international limitations and caution with regard, for example, to the use of force and firearms as well for the handling of demonstrations. If a company contracts with a state security force or a private security firm, the relevant provisions of these Guidelines (4 and 5 as well as the related commentary) shall be incorporated in the contract.
e. Companies using public security forces shall consult regularly with host governments concerning the impact of their security arrangements on local communities, 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.
U.S.-UK Discussion Group, Security and Human
Rights in the Extractive Industries; Interactions Between Companies and Public
Security
“Companies should
communicate their policies regarding ethical conduct and human rights to public
security providers, and express their desire that security be provided in a
manner consistent with those policies by personnel with adequate and effective
training. Companies should encourage
host governments to permit making security arrangements transparent and
accessible to the public, subject to any overriding safety and security
concerns.”
U.S.-UK Discussion Group, Security and Human Rights in the Extractive
Industries; Interactions Between
Companies and Private Security
“Private security should observe the policies of the contracting Company regarding ethical conduct and human rights; the law and professional standards of the country in which they operate; emerging best practices developed by industry, civil society, and governments; and, where appropriate, international humanitarian law. . . . Private security should act in a lawful manner, consistent with international principles regarding the use of force, particularly the UN Principles on the Use of Force and Firearms and the UN Code of Conduct for Law Enforcement Officer, as well as with emerging best practices developed by Companies, civil society, and governments . . .. All credible allegations of human rights abuse by private security should be recorded and investigated. In those cases where allegations against private security providers are forwarded to the relevant law enforcement authorities, Companies should actively monitor the status of investigations and press for their resolution. . . . Private security should provide only preventative and defensive services and should not engage in activities exclusively the responsibility of state military or law enforcement authorities. Companies should designate services, technology and equipment capable of offensive and defensive purposes as being for defensive use only…. Private security should (a) not employ individuals credibly implicated in human rights abuses to provide security services; (b) use force only when strictly necessary and to an extent proportional to the threat; and (c) not violate the rights of individuals while exercising the right to exercise freedom of association and peaceful assembly, to engage in collective bargaining, or other related rights of Company employees as recognized by the Universal Declaration of Human Rights and the ILO Declaration on Fundamental Principles and Rights at Work.”
Amnesty
International, Human Rights Principles for Companies
“2.Security. All companies
should ensure that any security arrangements protect human rights and do not
conflict with international standards for law enforcement. Any security
personnel employed or contracted should be adequately trained. Procedures should be consistent with the
United Nations (UN) Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials and the UN Code of Conduct for Law Enforcement Officials.
They should include measures to prevent excessive force, as well as torture or
cruel, inhuman or degrading treatment. Companies should develop clear rules for
calling in or contracting with state security forces and for not hiring
security personnel who have been responsible for serious human rights
violations. Any complaint about security procedures or personnel should be
promptly and independently investigated. Companies which supply military'
security or police products or services should take stringent steps to prevent
those products and services from being misused to commit human rights
violations.”
Shell,
Use of Force Guidelines
“Shell companies, like all companies, have a
responsibility to protect the health and safety of their employees and
safeguard the investment of their shareholders. We expect the forces of law and order of the State to give us
appropriate protection, and seek an assurance that any use of force is in
accordance with international standards of law enforcement. In some countries the State may lack
sufficient resources to provide adequate protection. In such circumstances managers may seek authority, or be required
by law, to employ security personnel as part of their responsibility to
safeguard their people and property.
Any use of force must respect human dignity and the human rights of all
people. It must be strictly within the law. Only minimum force proportional to the
threat should be used, and damage and injury must be minimised. Security
personnel must be given clear and
unambiguous instructions and training on when and how force may be used, and
report any use of force as soon as possible.
They must render medical aid to injured persons, including offenders. They must be told that they will be
accountable for any excessive use of force.
If armed guards are used, minimum standards that should be applied
include the following: government
authority to carry weapons; a definition of weapon type and ammunition,
allowing for differentiated use of force and firearms; handling, safety and
maintenance rules and procedures; rules of engagement; selection and training
standards and certificates of competence, and incident reporting and
investigation procedures. The rules for
individuals authorized to carry firearms are based on UN principles and codes
of conduct and on international human rights standards.”
BP
Amoco, Report on some of the issues facing BP Amoco in Human Rights
“It is important that people are aware that
we operate our own security measures in accordance with our guidelines which
incorporate Amnesty International’s Guidelines for Multinational Companies, and
the UN Codes of Conduct for Law Enforcement Officers and for Use of Firearms.”
D. Rights of Workers
6.
Companies shall not
use forced or slave labour.
Commentary
a. Companies
shall not use slave, forced, indentured, or compulsory labour, as forbidden in
ILO Conventions 29 and 105 (Forced and Bonded Labour). Workers shall be recruited, paid, and entitled to other
working conditions so as to avoid debt bondage or other contemporary forms of
slavery.
b. Workers shall have the option to leave employment and the employer must facilitate such departure by providing all the necessary documentation and facilitation.
Universal
Declaration of Human Rights, Article 4
“No one shall be held in
slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms.”
International
Covenant on Economic, Social and Cultural Rights, Article 6, ¶1
“The States Parties to the
present Covenant recognize the right to work, which includes the right of
everyone to the opportunity to gain his living by work which he freely chooses
or accepts, and will take appropriate steps to safeguard this right.”
International
Covenant on Civil and Political Rights, Article 8
“1. No one shall be held
in slavery; slavery and the slave-trade in all their forms shall be
prohibited 2. No one shall be held in
servitude. 3. (a) No one shall be
required to perform forced or compulsory labour . . ..”
ILO
Forced Labour Convention 29, Article 1, ¶1
“Each Member of the
International Labour Organization which ratifies this Convention undertakes to
suppress the use of forced or compulsory labour in all its forms within the
shortest possible period.”
ILO
Forced Labour Convention 105, Article 1, ¶1
“Each Member of the
International Labour Organisation which ratifies this Convention undertakes to
suppress and not to make use of any form of forced or compulsory labour-- (a)
as a means of political coercion or education or as a punishment for holding or
expressing political views or views ideologically opposed to the established
political, social or economic system; (b) as a method of mobilising and using
labour for purposes of economic development; (c) as a means of labour
discipline; (d) as a punishment for having participated in strikes; (e) as a
means of racial, social, national or religious discrimination.
The Global Compact, Principle 4
“Businesses should
uphold…the elimination of all forms of forced and compulsory labour.”
ICFTU
Basic Code of Labour Practice, Employment is Freely Chosen
“There shall be no use of
forced, including bonded or involuntary prison, labour (ILO Conventions 29 and
105). Nor shall workers be required to
lodge ‘deposits’ or their identity papers with their employer.”
Clean
Clothes Campaign, Code of Labour Practices for the Apparel Industry Including
Sportswear
“There shall be no used of
forced, including bonded or prison, labour (ILO Conventions 29 and 105). Nor shall workers be required to lodge
‘deposits’ or their identity papers with their employers.”
Ethical Trading Initiative Code of Conduct,
Employment is Freely Chosen
“1.1
There is no forced, bonded or involuntary prison labour. 1.2 Workers are not
required to lodge "deposits" or their identity papers with their
employer and are free to leave their employer after reasonable notice.”
Reebok
International Ltd., Human Rights Production Standards, Forced or Compulsory
Labor
“Reebok will not work with
business partners that use forced or other compulsory labor, including labor
that is required as a means of political coercion or as punishment for holding
or for peacefully expressing political views, in the manufacture of its
products. Reebok will not purchase materials that were produced by forced
prison or other compulsory labor and will terminate business relationships with
any sources found to utilize such labor.”
7. Companies shall not use child labour and shall contribute to its abolition.
Commentary
a. Child labour is defined as the employment of any person in regular work duties before the completion of compulsory schooling or the employment of any child below the age of 15 years, which employment is harmful to their health or development, will prevent the child from attending school or performing school-related responsibilities, or otherwise is not consistent with 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.
b. Companies using child labour must create and implement a plan to eliminate child labour. Such a plan should assess what will happen to the children who are no longer employed in the company 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.
International Covenant on Economic, Social and Cultural Rights, Article
10, ¶3
“…Children and young
persons should be protected from economic and social exploitation. Their employment in work harmful to their
morals or health or dangerous to life or likely to hamper their normal
development should be punished by law….”
Convention on the Rights of the Child,
Article 1
“…[A] child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.”
Convention on the Rights of the Child, Article 32
“1. States Parties recognize the right of the
child to be protected from economic exploitation and from performing any work
that is likely to be hazardous or to interfere with the child’s education, or
to be harmful to the child’s health or physical mental, spiritual, moral or
social development. 2. States Parties
shall take legislative, administrative, social and educational measures to
ensure the implementation of the present article. To this end, and having regard to the relevant provisions of
other international instruments, States Parties shall in particular: (a) Provide for a minimum age or minimum
ages for admission to employment; (b) Provide for appropriate regulation of the
hours and conditions of employment; (c) Provide for appropriate penalties or
other sanctions to ensure the effective enforcement of the present article.”
ILO Minimum Age Convention 138, Article 2
“1. Each member which ratifies this Convention
shall specify…a minimum age for admission to employment or work…. 2. The minimum age specified in pursuance of
paragraph 1 of this Article shall not be
less than the age of completion of compulsory school, and in any case, shall
not be less than 15 years.”
ILO Minimum Age Convention 138, Article 3
“1. The minimum age for admission to any type of
employment or work which by its nature or the circumstances in which it is
carried out is likely to jeopardize the health, safety or morals or young
persons shall not be less than 18 years.”
ILO Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour Convention 182, Article 3
“Each
Member which ratifies this Convention shall take immediate and effective
measures to secure the prohibition and elimination of the worst forms of child
labour as a matter of urgency. . . .
For the purposes of this Convention, the term the worst forms of child
labour comprises:
(a) all forms
of slavery or practices similar to slavery, such as the sale and trafficking of
children, debt bondage and serfdom and forced or compulsory labour, including
forced or compulsory recruitment of children for use in armed conflict;
(b) the use, procuring or
offering of a child for prostitution, for the production of pornography or for
pornographic performances;
(c) the use, procuring or
offering of a child for illicit activities, in particular for the production
and trafficking of drugs as defined in the relevant international treaties;
(d) work which, by its
nature or the circumstances in which it is carried out, is likely to harm the
health, safety or morals of children.”
ILO Worst Forms of Child Labour
Recommendation 190, Article 2 (3)
“In determining the types
of work referred to under Article 3(d) of the Convention, and in identifying
where they exist, consideration should be given, inter alia, to:
(a) work which exposes
children to physical, psychological or sexual abuse;
(b) work underground,
under water, at dangerous heights or in confined spaces;
(c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads;
(d) work in an unhealthy
environment which may, for example, expose children to hazardous substances,
agents or processes, or to temperatures, noise levels, or vibrations damaging
to their health;
(e) work under
particularly difficult conditions such as work for long hours or during the
night or work where the child is unreasonably confined to the premises of the
employer.
The Global Compact, Principle 5
“Businesses should uphold
. . . the effective abolition of child labour; . . ..”
OECD
Guidelines for Multinational Enterprises, Employment and Industrial Relations,
¶1(b)
“Enterprises should, within
the framework of applicable law, regulations and prevailing labour relations
and employment practices . . . contribute to the effective abolition of child
labour.”
ICFTU
Basic Code of Labour Practice, Child Labour is Not Used
“There shall be no use of
child labour. Only workers above the
age of 15 years or above the compulsory school-leaving age, which ever is
higher, shall be engaged (ILO Conventions 138). Adequate transitional economic assistance and appropriate
education opportunities shall be provided to replace any child workers.”
Clean Clothes Campaign, Code of Labour Practices for the Apparel
Industry Including Sportswear
“There shall be no use of
child labour. Only workers above the
age of 15 years or above the compulsory school-leaving age shall be engaged
(ILO Convention 138). Adequate transitional
economic assistance and appropriate educational opportunities shall be provided
to any replaced child workers.”
Ethical Trading Initiative Code of Conduct,
Child Labour Shall Not Be Used
“4.1
There shall be no new recruitment of child labour. 4.2 Companies shall develop
or participate in and contribute to policies and programmes which provide for
the transition of any child found to be performing child labour to enable her
or him to attend and remain in quality education until no longer a child;
"child" and "child labour" being defined in the appendices.
4.3 Children and young persons under 18 shall not be employed at night or in
hazardous conditions. 4.4 These policies and procedures shall conform to the
provisions of the relevant ILO standards.”
Reebok
International Ltd., Human Rights Production Standards, Child Labour
“Reebok will not work with
business partners that use child labor. The term "child" generally
refers to a person who is younger than 15 (or 14 where the law of the country
of manufacture allows) or younger than the age for completing compulsory
education in the country of manufacture where such age is higher than 15.”
Levi
Strauss & Co, Code of Conduct, Employment Standards
“Child Labor: Use of child
labor is not permissible. Workers can be no less than 14 years of age and not
younger than the compulsory age to be in school. We will not utilize partners
who use child labor in any of their facilities. We support the development of
legitimate workplace apprenticeship programs for the educational benefit of
younger people.”
Gap,
Inc. , Code of Vendor Conduct
“Factories shall employ
only workers who meet the applicable minimum legal age requirement or are at
least 14 years of age, whichever is greater.
Factories must also comply with all other applicable child labor laws. Factories are encouraged to develop lawful
workplace apprenticeship programs for the educational benefit of their workers,
provided that all participants meet both Gap’s minimum age standard of 14 and
the minimum legal age requirement.”
8. Companies shall provide a safe and healthy working environment.
Commentary
a. Companies 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 ILO Conventions 81 (Labour Inspection Convention), 115 (Radiation Protection Convention), 119 (Guarding of Machinery Convention), 127 (Maximum Weight Convention), 129 (Agriculture Labour Inspection Convention), 135 (Workers’ Representatives Convention), 136 (Benzene Convention), 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. 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.
b. Companies shall make information about the health and safety standards relevant to their local activities available to their workers in the local language and in both written and oral form. 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, companies shall make known any special hazards that tasks or conditions of work involve and the related measures available to protect the workers.
c. Companies 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. Companies shall investigate work-related accidents and keep records of all such incidents stating their cause and remedial measures taken to prevent similar accidents.
d. Companies
shall not require any worker to work more than 48 hours per week. Voluntary overtime for workers should not
exceed 12 hours per week and should not be demanded on a regular basis. Compensation for such overtime should be at
a rate higher than the normal rate.
Each worker should 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 and professionals
who have clearly indicated their personal desire to work more hours.
Universal
Declaration of Human Rights
“Everyone has the right to
rest and leisure, including reasonable limitation of working hours and periodic
holidays with pay.”
International
Covenant on Economic, Social and Cultural Rights, Article 7
“The States Parties to the
present Covenant recognize the right of everyone to the enjoyment of just and
favourable conditions of work which ensure, in particular . . . (b) safe and
healthy working conditions, . . . (d) Rest, leisure and reasonable limitation
of working hours and periodic holidays with pay, as well as remuneration for
public holidays.”
ILO
Hours of Work (Commerce and Offices) Convention 30
“Article 3: The hours of
work of persons to whom this Convention applies shall not exceed forty-eight
hours in the week and eight hours in the day, except as hereinafter otherwise
provided. Article 4: The maximum hours of work in the week laid down in Article
3 may be so arranged that hours of work in any day do not exceed ten hours.
Article 5: 1. In case of a
general interruption of work due to (a) local holidays, or (b) accidents or
force majeure (accidents to plant, interruption of power, light, heating or
water, or occurrences causing serious material damage to the establishments),
hours of work in the day may be increased for the purpose of making up the
hours of work which have been lost, provided that the following conditions are
complied with: (a) hours of work which have been lost shall not be allowed to
be made up on more than thirty days in the year and shall be made up within a
reasonable lapse of time; (b) the increase in hours of work in the day shall
not exceed one hour; (c) hours of work in the day shall not exceed ten. 2. The
competent authority shall be notified of the nature, cause and date of the
general interruption of work, of the number of hours of work which have been
lost, and of the temporary alterations provided for in the working time-table.
Article 6: In exceptional cases where the circumstances in which the work has
to be carried on make the provisions of Articles 3 and 4 inapplicable,
regulations made by public authority may permit hours of work to be distributed
over a period longer than the week, provided that the average hours of work
over the number of weeks included in the period do not exceed forty-eight hours
in the week and that hours of work in any day do not exceed ten hours.”
ILO
Hours of Work (Industry) Convention 1:
“The working hours of
persons employed in any public or private industrial undertaking or in any
branch thereof, other than an undertaking in which only members of the same
family are employed, shall not exceed eight in the day and forty-eight in the
week, with the exceptions hereinafter provided for: (a) the provisions of this
Convention shall not apply to persons holding positions of supervision or
management, nor to persons employed in a confidential capacity; (b) where by
law, custom, or agreement between employers' and workers' organisations, or,
where no such organisations exist, between employers' and workers'
representatives, the hours of work on one or more days of the week are less
than eight, the limit of eight hours may be exceeded on the remaining days of
the week by the sanction of the competent public authority, or by agreement
between such organisations or representatives; provided, however, that in no
case under the provisions of this paragraph shall the daily limit of eight
hours be exceeded by more than one hour; (c) where persons are employed in
shifts it shall be permissible to employ persons in excess of eight hours in
any one day and forty-eight hours in any one week, if the average number of
hours over a period of three weeks or less does not exceed eight per day and
forty-eight per week.”
ILO
Tripartite Declaration of Principles concerning Multinational Enterprises and
Social Policy, ¶ 37 & 39
“37. Multinational enterprises should maintain
the highest standards of safety and health, in conformity with national
requirements, bearing in mind their relevant experience with the enterprise as
a whole, including any knowledge of special hazards. They should also make available to the representatives of the
workers in the enterprise, and upon request, to the competent authorities and
the workers’ and employers’ organizations in all countries in which they
operate, information on the safety and heath standards relevant to their local
operations, which they observe in other countries. In particular, they should make known to those concerned any special
hazards and related protective measures associated with new products and
processes. They, like comparable
domestic enterprises, should be expected to play a leading role in the
examination of causes of industrial safety and health hazards and in the
application of resulting improvements within the enterprise as a whole. 39
In accordance with national practice, multinational enterprises should
cooperate fully with the competent safety and health authorities, the
representatives of the workers and their organizations, and established safety
and health organizations. Where
appropriate, matters relating to safety and health should be incorporated in
agreements with the representatives of the workers and their organizations.”
The
Global Sullivan Principles
“[Accordingly, we will:]
Provide a safe and healthy workplace; protect human health and the environment;
and promote sustainable development.”
ICFTU
Basic Code of Labour Practice, Working Conditions are Decent
“A safe and hygienic
working environment shall be provided, and best occupational health and safety
practice shall be promoted, bearing in mind the prevailing knowledge of the
industry of any specific hazards.”
ICFTU
Basic Code of Labour Practice, Hours of Work Are Not Excessive.
“Hours of work shall
comply with applicable laws and industry standards. In any event, workers shall not on a regular basis be required to
work in excess of 48 hours per week
and shall be provided with at least one day off for every 7 day period. Overtime shall be voluntary, shall not
exceed 12 hours per week, shall not be demanded on a regular basis and shall
always be compensated at a premium rate.”
Clean
Clothes Campaign, Code of Labour Practices for the Apparel Industry Including
Sportswear
“A safe and hygienic
working environment shall be provided, and best occupational health and safety
practice shall be promoted, bearing in mind the prevailing knowledge of the
industry and of any specific hazards.”
Clean
Clothes Campaign, Code of Labour Practices for the Apparel Industry Including
Sportswear
“Hours of work shall
comply with applicable laws and industry standards. In any event, workers shall not on a regular basis be required to
work in excess of 48 hours per week and shall be provided with at least one day
off for every 7 day period. Overtime
shall be voluntary, shall not exceed 12 hours per week, shall not be demanded
on a regular basis and shall always be compensated at a premium rate.”
Ethical
Trading Initiative Code of Conduct, Working Conditions are Safe and Hygienic
“3.1 A safe and hygienic
working environment shall be provided, bearing in mind the prevailing knowledge
of the industry and of any specific hazards. Adequate steps shall be taken to
prevent accidents and injury to health arising out of, associated with, or
occurring in the course of work, by minimizing, so far as is reasonably
practicable, the causes of hazards inherent in the working environment. 3.2
Workers shall receive regular and recorded health and safety training, and such
training shall be repeated for new or reassigned workers. 3.3 Access to clean
toilet facilities and to potable water, and, if appropriate, sanitary
facilities for food storage shall be provided. 3.4 Accommodation, where
provided, shall be clean, safe, and meet the basic needs of the workers. 3.5
The company observing the code shall assign responsibility for health and
safety to a senior management representative.”
Ethical
Trading Initiatives Code of Conduct, Working Hours Are Not Excessive
“6.1 Working hours comply
with national laws and benchmark industry standards, whichever affords greater
protection. 6.2 In any event, workers shall not on a regular basis be required
to work in excess of 48 hours per week and shall be provided with at least one
day off for every 7 day period on average. Overtime shall be voluntary, shall
not exceed 12 hours per week, shall not be demanded on a regular basis and
shall always be compensated at a premium rate.”
Caux
Round Table, Principles for Business, Section 3. Stakeholder Principles,
Employees
“We believe in the dignity
of every employee and in taking employee interests seriously. We therefore have
a responsibility to… provide working conditions that respect employee’s health
and dignity…protect employees from avoidable injury and illness in the
workplace…”
Reebok
International Ltd., Human Rights Production Standards, Safe and Healthy Work
Environment
“Reebok will seek business partners that strive to assure employees a
safe and healthy workplace and that do not expose workers to hazardous
conditions.”
Reebok
International Ltd., Human Rights Production Standards, Working Hours/Overtime
“Workers shall not work
more than 60 hours per week, including overtime, except in extraordinary
business circumstances. In countries where the maximum work week is less, that
standard shall apply. Workers shall be entitled to at least one day off in
every seven day period.”
International
Federation of Building and Wood Workers (IFBWW), Code of Conduct regarding the
rights of workers
“Workers shall be paid
wages and benefits for a standard working week that are at least as favourable
as those established by national legislation or agreements, for work of the
same character in the trade or industry concerned in the area where the work is
carried out. No worker shall be paid
less than the legal minimum wage.
Deductions from wages, unless permitted under national law, shall no be
made in any circumstances without the express permission of the worker
concerned. All workers must be provided
with clear verbal and written information about wage conditions before they
enter employment and receive written details of their wages each time that they
are paid.”
9.
Companies shall
compensate workers with remuneration that ensures a lifestyle worthy of human
existence for workers and their families in the context of their circumstances.
Commentary
a. Companies shall compensate workers for the work completed with just, favourable, and periodically regular remuneration ordinarily in legal tender at a level at least comparable to that received by similar workers (the prevailing industry wage) and adequate to ensure a lifestyle worthy of human existence for workers and their families in the context of their circumstances, as well as consistent with ILO Convention 100 (Equal Remuneration for Men and Women Workers for Work of Equal Value) and ILO Convention 111 (Discrimination in Respect of Employment and Occupation).
b. Companies shall not deduct from a worker’s wages already earned for disciplinary measures; nor shall any deduction from wages not provided in national law be permitted without the express permission of the worker concerned.
c. Companies
shall keep detailed written records on each worker’s hours of work and wages
paid. Workers shall be informed periodically as to the wages, salaries, and
additional emoluments to which they are entitled. At the time workers are paid for their work, they shall receive
an accounting in writing of hours worked and wages paid for the pay period.
Universal
Declaration of Human Rights, Article 23, ¶ 3
“Everyone who works has
the right to just and favorable remuneration ensuring for himself and his
family an existence worthy of human dignity, and supplemented, if necessary, by
other means of social protection.”
International
Covenant on Economic, Social and Cultural Rights, Article 7
“The States Parties to the
present Covenant recognize the right of everyone to the enjoyment of just and
favourable conditions of work which ensure, in particular: (a) Remuneration
which provides all workers, as a minimum, with: (i) Fair wages and equal remuneration
for work of equal value without distinction of any kind, in particular women
being guaranteed conditions of work not inferior to those enjoyed by men, with
equal pay for equal work; (ii) A decent living for themselves and their
families in accordance with the provisions of the present Covenant.”
International
Covenant on Economic, Social and Cultural Rights, Article11.1
“The State Parties to the
present Covenant recognize the right of everyone to an adequate standard of
living for himself and his family, including adequate food, clothing and
housing, and to the continuous improvement of living conditions. . . .”
ILO
Protection of Wages Convention 95, Articles 3(1) & 12(1)
“Article 3 (1). Wages
payable in money shall be paid only in legal tender, and payment in the form of
promissory notes, vouchers or coupons, or in any other form alleged to
represent legal tender, shall be prohibited.
Article 12 (1). Wages shall be
paid regularly. Except where other
appropriate arrangements exist which ensure the payment of wages at regular
intervals, the intervals for the payment of wages shall be prescribed by national laws or regulations
or fixed by collective agreement or arbitration award.”
ILO
Equal Remuneration Convention 100, Article 1(a)
“The term remuneration
includes the ordinary, basic or minimum wage or salary and any additional
emoluments whatsoever payable directly or indirectly, whether in cash or in
kind, by the employer to the worker and arising out of the worker’s
employment.”
ILO
Discrimination (Employment and Occupation) Convention 111, Article 1(1) &
(2)
“For the purpose of this
Convention the term discrimination include – (a) any distinction, exclusion or
preference made on the basis of race, colour, sex, religion, political opinion,
national extraction or social origin, which has the effect of nullifying or
impairing equality of opportunity or treatment in employment or occupation. . .
. Article 2 Each Member for which this
Convention is in force undertakes to declare and pursue a national policy
designed to promote, by methods appropriate to national conditions and
practice, equality of opportunity and treatment in respect of employment and
occupation, with a view of eliminating any discrimination in respect thereof.”
ILO
Tripartite Declaration of Principles concerning Multinational Enterprises and
Social Policy, ¶ 33-34 (endnotes omitted)
“33. Wages, benefits and
conditions of work offered by multinational enterprises should be not less
favourable to the workers than those offered by comparable employers in the
country concerned. 34. When multinational
enterprises operate in developing countries, where comparable employers may not
exist, they should provide the best possible wages, benefits and conditions of
work, within the framework of government policies. These should be related to
the economic position of the enterprise, but should be at least adequate to
satisfy basic needs of the workers and their families. Where they provide
workers with basic amenities such as housing, medical care or food, these
amenities should be of a good standard.”
ICFTU
Basic Code of Labour Practice, Living Wages Are Paid
“Wages and benefits paid for a standard working week shall meet at least legal or industry minimum standards and always be sufficient to meet basic needs of workers and their families and to provide some discretionary income. Deductions from wages for disciplinary measures shall not be permitted nor shall any deductions from wages not provided for by national law be permitted without the expressed permission of the worker concerned. All workers shall be provided written and understandable information about the conditions in respect of wages before they enter employment and of the particulars of their wages for the pay period concerned each time that they are paid.”
Clean
Clothes Campaign, Code of Labour Practices for the Apparel Industry Including
Sportswear
“Wages and benefits paid
for a standard working week shall meet at least legal or industry minimum
standards and always be sufficient to meet basic needs of workers and their
families and to provide some discretionary income. Deductions from wages for disciplinary measures shall not be
permitted nor shall any deductions from wages not provided for by national law
be permitted without the expressed permission
of the worker concerned. All workers
shall be provided with written and understandable information about the
conditions in respect of wages before they enter employment and of the
particulars of their wages for the pay period concerned each time that they are
paid.”
The
Global Sullivan Principles
“[Accordingly, we will:]
Compensate our employees to enable them to meet at least their basic needs and
provide the opportunity to improve their skill and capability in order to raise
their social and economic opportunities.”
Ethical
Trading Initiative Code of Conduct, Living Wages Are Paid
“5. 1 Wages and benefits
paid for a standard working week meet, at a minimum, national legal standards
or industry benchmark standards, whichever is higher. In any event wages should
always be enough to meet basic needs and to provide some discretionary income.
5.2 All workers shall be provided with written and understandable Information
about their employment conditions in respect to wages
before they enter employment
and about the particulars of their wages for the pay period concerned each time
that they are paid. 5.3 Deductions from wages as a disciplinary measure shall
not be permitted nor shall any deductions from wages not provided for by
national law be permitted without the expressed permission of the worker
concerned. All disciplinary measures should be recorded.”
Caux
Round Table, Principles for Business, Section 3. Stakeholder Principles,
Employees
“We believe in the dignity
of every employee and in taking employee interests seriously. We therefore have
a responsibility to… provide jobs and compensation that improve workers' living
conditions…”
Reebok
International Ltd., Human Rights Production Standards, Fair Wages
“Reebok will seek business
partners who share our commitment to the betterment of wage and benefit levels
that address the basic needs of workers and their families so far as possible
and appropriate in the light of national practices and conditions. Reebok will
not select business partners that pay less than the minimum wage required by
local law or that pay less than prevailing local industry practices (whichever
is higher).”
10.
Companies shall
ensure that all workers shall have the right to form and join organizations of
their choosing, including trade unions, for the protection of their employment
interests and for collective bargaining.
Commentary
a. Companies shall recognize the right of workers to establish and join organizations of their own choosing without previous authorization and without distinction whatsoever, subject only to restrictions consistent with ILO Convention 87 (Freedom of Association) and other international human rights law. Companies shall also recognize the rights 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. Companies shall further refrain from any interference that restricts these rights or impedes their lawful exercise.
b. Companies shall recognize workers’ organizations for the purpose of collective bargaining consistent with ILO Convention 98 (Right to Collective Bargaining). Companies shall respect the right of workers to submit grievances, including grievances as to compliance with these Guidelines; to have those grievances examined by fair and impartial persons who have the authority to redress any abuses found, pursuant to the appropriate procedure; and to be protected from suffering prejudice for using those procedures.
c. Companies 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. Companies shall further give workers and their representative access to information, facilities, and other resources, as consistent with ILO Convention 135 and Recommendation 129 (Workers’ Representatives Convention) that are relevant and necessary for their representatives to conduct negotiation effectively without unnecessary harm to legitimate employer interests.
d. Companies shall abide by provisions in collective 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.
e. Companies shall take particular care to protect the rights of workers as to such 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.
Universal Declaration of Human Rights, Article 20
“1. Everyone has the right to freedom of
peaceful assembly and association.
2. No one may be compelled to
belong to an association.”
International
Covenant on Economic, Social and Cultural Rights, Article 8
“1. The States Parties to the present
Covenant undertake to ensure: (a) The right of everyone to form trade unions
and join the trade union of his choice, subject only to the rules of the
organization concerned, for the promotion and protection of his economic and
social interests. No restrictions may be placed on the exercise of this right
other than those prescribed by law and which are necessary in a democratic
society in the interests of national security or public order or for the
protection of the rights and freedoms of others; (b) The right of trade unions
to establish national federations or confederations and the right of the latter
to form or join international trade-union organizations; (c) The right of trade
unions to function freely subject to no limitations other than those prescribed
by law and which are necessary in a democratic society in the interests of
national security or public order or for the protection of the rights and
freedoms of others; (d) The right to strike, provided that it is exercised in
conformity with the laws of the particular country. 2. This article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the armed forces or
of the police or of the administration of
the State. 3. Nothing in this article shall authorize States Parties to the
International Labour Organisation Convention of 1948 concerning Freedom of
Association and Protection of the Right to Organize to take legislative
measures which would prejudice, or
apply the law in such a manner as would prejudice, the guarantees provided for
in that Convention.”
International
Covenant on Civil and Political Rights, Articles 20 & 21
“Article 21: The right of peaceful assembly shall be recognized. No restrictions may be placed on the
exercise of this right other than those imposed in conformity with the law and
which are necessary in a democratic society in the interests of national
security or public safety, public order (ordre public), the protection of
public health or morals or the protection of the rights and freedoms of others. Article 22:
1. Everyone shall have the right to freedom of association with others,
including the right to form and join trade unions for the protection of his
interests. 2. No restrictions may be
placed on the exercise of this right other than those which are prescribed by
law and which are necessary in a democratic society in the interests of
national security or public safety, public order (ordre public), the protection
of public health or morals or the protection of the rights and freedoms of
others. This article shall not prevent the imposition of lawful restrictions on
members of the armed forces and of the police in their exercise of this
right. 3. Nothing in this article shall
authorize States Parties to the International Labour Organisation Convention of
1948 concerning Freedom of Association and Protection of the Right to Organize
to take legislative measures which would prejudice, or to apply the law in such
a manner as to prejudice, the guarantees provided for in that Convention.”
ILO
Freedom of Association Convention and Protection of the Right to Organize
Convention 87, Articles 2-5
“Workers and employers,
without distinction whatsoever, shall have the right to establish and, subject
only to the rules of the organization concerned, to join organizations of their
own choosing without previous authorization.
Workers’ and employers’ organizations shall have the right to draw up
their constitutions and rules, to elect their representatives in full freedom,
to organize their administration and activities and to formulate their
programmes. The public authorities
shall refrain from any interference which would restrict this right or impede
the lawful exercise thereof. Workers’
and employers’ organizations shall not be liable to be dissolved or suspended
by administrative authority. Workers’
and employers’ organizations shall have the right to establish and join
federations and confederations and any such organization, federation or
confederation shall have the right to affiliate with international organization
of workers and employers.”
ILO
Right to Organize and Collective Bargaining Convention 98, Article 4
“Measures appropriate to
national conditions shall be taken, where necessary, to encourage and promote
the full development and utilization of machinery for voluntary negotiation
between employers or employers’ organizations and workers’ organizations with a
view to the regulation of terms and conditions or employment by means of
collective agreements.”
ILO
Tripartite Declaration of Principles concerning Multinational Enterprises and
Social Policy, ¶¶ 41, 42, 48, 50, 51, 52, 53 & 57 (endnotes omitted)
“41. Workers employed by
multinational enterprises as well as those employed by national enterprises
should, without distinction whatsoever, have the right to establish and,
subject only to the rules of the organization concerned, to join organizations
of their own choosing without previous authorization. They should also enjoy adequate protection against acts of
anti-union discrimination in respect of their employment. 42. Organizations representing multinational
enterprises or the workers in their employment should enjoy adequate protection
against any acts of interference by each other or each other's agents or
members in their establishment, functioning or administration. 48. Workers employed by multinational
enterprises should have the right, in accordance with national law and
practice, to have representative organizations of their own choosing recognized
for the purpose of collective bargaining.
50. Multinational enterprises,
as well as national enterprises, should provide workers' representatives with
such facilities as may be necessary to assist in the development of effective
collective agreements. 51.
Multinational enterprises should enable duly authorized representatives of the
workers in their employment in each of the countries in which they operate to
conduct negotiations with representatives of management who are authorized to
take decisions on the matters under negotiation. 52. Multinational enterprises, in the context of bona fide
negotiations with the workers' representatives on conditions of employment, or
while workers are exercising the right to organize, should not threaten to
utilize a capacity to transfer the whole or part of an operating unit from the
country concerned in order to influence unfairly those negotiations or to
hinder the exercise of the right to organize; nor should they transfer workers
from affiliates in foreign countries with a view to undermining bona fide
negotiations with the workers' representatives or the workers' exercise of
their right to organize. 53. Collective agreements should include provisions
for the settlement of disputes arising over their interpretation and
application and for ensuring mutually respected rights and responsibilities.
57. Multinational as well as national enterprises should respect the right of
the workers whom they employ to have all their grievances processed in a manner
consistent with the following provision: any worker who, acting individually or
jointly with other workers, considers that he has grounds for a grievance
should have the right to submit such grievance without suffering any prejudice
whatsoever as a result, and to have such grievance examined pursuant to an
appropriate procedure 18. This is particularly important whenever the
multinational enterprises operate in countries which do not abide by the
principles of ILO Conventions pertaining to freedom of association, to the
right to organize and bargain collectively and to forced labour.”
The Global Compact, Principle 3
“Businesses should uphold
the freedom of association and the effective recognition of the right to
collective bargaining.”
OECD
Guidelines for Multinational Enterprises, Employment and Industrial Relations,
¶ 1(a), 2(a)(b)&(c), 3, 8
“[Enterprises should] 1(a). Respect the right of their employees to be represented by trade unions and other bona fide representatives of employees, and engage in constructive negotiations, either individually or through employers’ associations, with such representatives with a view to reaching agreements on employment conditions; 2(a). Provide facilities to employee representatives as may be necessary to assist in the development of effective collective agreements. 2(b). Provide information to employee representatives which is needed for meaningful negotiations on conditions of employment. 2(c). Promote consultation and co-operation between employers and employees and their representatives on matters of mutual concern. 3. Provide information to employees and their representatives which enables them to obtain a true and fair view of the performance of the entity or, where appropriate, the enterprise as a whole. 8. Enable authorized representatives of their employees to negotiate on collective bargaining or labour-management relations issues and allow the parties to consult on matters of mutual concern with representatives of management who are authorized to take decisions on these matters.”
ICFTU
Basic Code of Labour Practice, Freedom of Association and the Right to
Collective Bargaining Are Respected
“The right of all workers
to form and join trade unions and to bargain collectively shall be recognized
(ILO Conventions 87 and 98). Workers
representatives shall not be the subject of discrimination and shall have
access to all workplaces necessary to enable them to carry out their
representation functions. (ILO
Conventions135 and Recommendation 143).
Employers shall adopt a positive approach towards the activities of
trade unions and an open attitude toward their organizational activities.”
Clean
Clothes Campaign, Code of Labour Practices for the Apparel Industry Including
Sportswear
“The right of all workers
to form and join trade unions and to bargain collectively shall be recognized
(ILO Conventions 87 and 98). Workers’
representatives shall not be the subject of discrimination and shall have
access to all workplaces necessary to enable them to carry out their
representation functions (ILO Convention 135 and Recommendation 143). Employers shall adopt a positive approach
towards the activities of trade unions and an open attitude towards their
organizational activities.”
Reebok
International Ltd., Human Rights Production Standards, Freedom of Association
“Reebok will seek business
partners that share its commitment to the right of employees to establish and
join organizations of their own choosing. Reebok recognizes and respects the
right of all employees to organize and bargain collectively.”
Ethical
Trading Initiative Code of Conduct, Freedom of Association and the Right to
Collective Bargaining Are Respected
“2.1 Workers, without
distinction, have the right to join or form trade unions of their own choosing
and to bargain collectively. 2.2 The employer adopts an open attitude towards
the activities of trade unions and their organizational activities. 2.3 Workers
representatives are not discriminated against and have access to carry out
their representative functions in the workplace. 2.4 Where the right to freedom
of association and collective bargaining is restricted under law, the employer
facilitates, and does not hinder, the development of parallel means for
independent and free association and bargaining.”
E. Respect for National
Sovereignty and Local Communities
11. Companies shall recognize and respect the
national laws; regulations; administrative practices; the rule of law;
self-determination; values; development objectives; social, economic, and
cultural policies; and authority of the countries in which the companies
operate, in so far as they do not conflict with international human rights
standards.
Commentary
a. Companies, within the limits of their resources and capabilities, shall endeavour to encourage social progress and development by engaging in constructive business activities and expanding economic opportunities – particularly in developing countries and most importantly in the least developed countries.
b. Companies shall respect the right to development in which all peoples are entitled 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 and in which sustainable development can be achieved so as to protect the rights of future generations.
c. Companies
shall respect the rights of local communities affected by their activities. Companies shall particularly respect the
rights of indigenous peoples and similar communities to own, develop, control,
protect, and use their lands, other natural resources, and cultural and
intellectual property.
Indigenous peoples and communities may not be deprived of their own
means of subsistence. Companies shall
respect indigenous control, use, and occupancy of their lands and
resources. Companies should 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.
Companies shall use particular care in situations in which indigenous
lands, resources, or rights thereto have not been adequately demarcated or
defined.
d. Companies 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, and to a balance of rights and obligations.
Universal
Declaration of Human Rights, Article 27
“1. Everyone has the right
freely to participate in the cultural life of the community, to enjoy the arts
and to share in scientific advancement and its benefits. 2. Everyone has
the right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.”
International
Covenant on Economic, Social and Cultural Rights, Article 1
“1. All peoples have the
right of self-determination. By virtue
of that right they freely determine their political status and freely pursue
their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their
natural wealth and resources without prejudice to any obligations arising out
of international economic co-operation, based upon the principle of mutual
benefit, and international law. In no
case may a people be deprived of its own means of subsistence. 3. The States Parties to the present
Covenant, including those having responsibility for the administration of
Non-Self-Governing and Trust Territories, shall promote the realization of the
right of self-determination, and shall respect that right, in conformity with
the provisions of the Charter of the United Nations.”
International
Covenant on Civil and Political Rights, Article 27
“In those States in which
ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other members
of their group, to enjoy their own culture, to profess and practise their own
religion, or to use their own language.”
Declaration
on the Right to Development, Article 1.1
“The right to Development
is an inalienable human right by virtue of which every human person and all
peoples are entitled 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.”
Declaration on the Right to Development, Article 2.2
“All human beings have a responsibility for development, individually
and collectively, taking in to account the need for full respect for their
human rights and fundamental freedoms as well as their duties to the community,
which alone can ensure the free and complete fulfillment of the human being,
and they should therefore promote and protect an appropriate political, social
and economic order for development.”
Declaration
on the Right to Development, Article 4.1 & 4.2
“1. States have the duty to take steps,
individually and collectively, to formulate international development policies
with a view to facilitating the full realization of the right to
development. 2. Sustained action is required to promote more
rapid development of developing countries.
As a complement to the efforts of developing countries, effective
international co-operation is essential in providing these countries with
appropriate means and facilities to foster their comprehensive
development.”
Copenhagen Declaration on Social Development
and the Programme of Action of the World Summit for Social Development, Commitment
1(a)
“Provide a stable legal framework,
in accordance with our constitutions, laws and procedures, and consistent with
international law and obligations, which includes and promotes equality and
equity between women and men, full respect for all human rights and fundamental
freedoms and the rule of law, access to justice, the elimination of all forms
of discrimination, transparent and accountable governance and administration
and the encouragement of partnership with free and representative organizations
of civil society . . ..”
Copenhagen Declaration on Social Development
and the Programme of Action of the World Summit for Social Development, ¶ 12(e)
“Making economic growth
and the interaction of market forces more conducive to social development
requires the following actions: Encouraging transnational and national
corporations to operate in a framework of respect for the environment while
complying with national laws and legislation, and in accordance with
international agreements and conventions, and with proper consideration for the
social and cultural impact of their activities . . ..”
Draft United Nations Declaration on the Rights of Indigenous Peoples, Article 29
“Indigenous peoples are entitled to the recognition of the full
ownership, control and protection of their cultural and intellectual property.
They have the right to special measures to control, develop and protect their
sciences, technologies and cultural manifestations, including human and other
genetic resources, seeds, medicines, knowledge of the properties of fauna and flora,
oral traditions, literatures, designs and
visual and performing arts.”
Draft United Nations Declaration on the Rights of Indigenous Peoples, Article 30
“Indigenous peoples have the right to
determine and develop priorities and strategies for the development or use of
their lands, territories and other resources, including the right to require
that States obtain their free and informed consent prior to the approval of any
project affecting their lands, territories and other resources, particularly in
connection with the development, utilization or exploitation of mineral, water
or other resources. Pursuant to agreement with the indigenous peoples
concerned, just and fair compensation shall be provided for any such activities
and measures taken to mitigate
adverse environmental, economic, social, cultural or spiritual impact.”
Declaration on Social Progress and Development, Preamble, Article 6
“Recognizing that the primary responsibility for the development of the
developing countries rests on those countries themselves and acknowledging the
pressing need to narrow and eventually close the gap in the standards of living
between economically more advanced and developing countries and, to that end,
that Member States shall have the responsibility to pursue internal and
external policies designed to promote social development throughout the world,
and in particular to assist developing countries to accelerate their economic
growth… Article 6. Social progress and
development require the participation of all members of society in productive
and socially useful labour and the establishment, in conformity with human
rights and fundamental freedoms and with the principles of justice and the
social function of property, of forms of ownership of land and of the means of
production which preclude any kind of exploitation of man, ensure equal rights
to property for all and create conditions leading to genuine equality among
people.”
ILO
Tripartite Declaration of Principles concerning Multinational Enterprises and
Social Policy, ¶ 10
“Multinational
enterprises should take fully into account established general policy
objectives of the countries in which they operate. Their activities should be
in harmony with the development priorities and social aims and structure of the
country in which they operate. To this effect, consultations should be held
between multinational enterprises, the government and, wherever appropriate,
the national employers' and workers' organizations concerned.”
ILO
Tripartite Declaration of Principles concerning Multinational Enterprises and
Social Policy, ¶ 16
“Multinational
enterprises, particularly when operating in developing countries, should
endeavour to increase employment opportunities and standards, taking into
account the employment policies and objectives of the governments, as well as
security of employment and the long-term development of the enterprise.”
Trade-Related
Aspects of Intellectual Property Rights (TRIPS), Art. 7
“[T]he protection and
enforcement of intellectual property rights should contribute 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, and to a
balance of rights and obligations.”
Rio Declaration on Environment and
Development, Principle 9
“States should cooperate
to strengthen endogenous capacity-building for sustainable development by
improving scientific understanding through exchanges of scientific and
technological knowledge, and by enhancing the development, adaptation,
diffusion and transfer of technologies, including new and innovative
technologies.”
OECD
Guidelines for Multinational Enterprises, Science and Technology, ¶ 1& 2
“Enterprises should: 1.
Endeavour to ensure that their activities are compatible with the
science and technology (S&T) policies and plans of the countries in which
they operate and as appropriate contribute to the development of local and
national innovative capacity. 2. Adopt, where practicable in the court of
their business activities, practices that permit the transfer and rapid
diffusion of technologies and the know-how, with due regard to the protection
of intellectual property rights.”
The Global Sullivan Principles
“[Accordingly, we will:]
Work with governments and communities in which we do business to improve the
quality of life in those communities - their educational, cultural, economic
and social well-being - and seek to provide training and opportunities for
workers from disadvantaged backgrounds.”
Keidanren
Charter for Good Corporate Behavior
“8. In overseas operations,
corporations will respect the cultures and customs of the hosting society and
will manage themselves in a manner that contributes to local development.”
Declaration
of Principles Concerning Human Resource Management for Korean Enterprises
Operating Overseas
“Korean enterprises overseas (KEOs) should maintain the attitude that
international investment does not only bring about substantial benefits to the
investing enterprises, but also makes an important contribution to the economic
and social development of the host country.”
Toyota,
Guiding Principles
“1. Honor the language and
spirit of the law of every nation and undertake open and fair corporate
activities to be a good corporate citizen of the world. 2.
Respect the culture and customs of every nation and contribute to
economic and social development through corporate activities in the
communities.”
Starbucks Commitment Statement of Beliefs, We Believe in the Value of Diversity and Respect the Integrity of Different Cultures
“We believe that we should
serve as a model of a successful company that promotes diversity throughout all
levels…. We believe that we should respect local laws and customs.”
12.
Companies shall not offer, promise, give,
accept, 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 or government official.
Commentary
a. Companies shall enhance the transparency of their activities in this regard; openly fight against bribery, extortion, and other forms of corruption; and cooperate with state authorities responsible for combating corruption.
OECD
Convention on Combating Bribery of Foreign Public Officials in International
Business Transactions, Article 1 - The Offence of Bribery of Foreign Public
Officials
“Each Party shall take such measures as may be necessary to establish
that it is a criminal offence under its law for any person intentionally to
offer, promise or give any undue pecuniary or other advantage, whether directly
or through intermediaries, to a foreign public official, for that official or
for a third party, in order that the official act or refrain from acting in
relation to the performance of official duties, in order to obtain or retain
business or other improper advantage in the conduct of international business.”
OECD
Guidelines for Multinational Enterprises, Draft Text and Commentary of January
10, 2000, VI. Combating Bribery
“Enterprises should not, directly or indirectly, offer, promise, give or demand a bribe or other improper advantage, nor should they be solicited or expected to render a bribe or other improper advantage. In particular, enterprises should…3. Enhance the transparency of their activities in the fight against bribery and extortion. Measures could include making public commitments against bribery and extortion and disclosing the management systems the company has adopted in order to honour these commitments. The enterprise should also foster openness and dialogue with the public so as to promote its awareness of and co-operations with the fight against bribery and extortion.”
13.
Companies shall
respect the rights to health, adequate food, and adequate housing, and refrain
from actions that obstruct the realization of those rights. Companies shall also respect other economic,
social, and cultural rights, such as the rights to primary education, rest and
leisure, and participation in the cultural life of the community and refrain
from actions that obstruct the realization of those rights.
Commentary
a. Companies shall observe standards that promote the availability, accessibility, acceptability, and quality of the right to health as identified in Article 12 of the Covenant on Economic, Social and Cultural Rights, and the General Comment on the right to the highest attainable standard of health.[1]
b. Companies 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 otherwise in accordance with Article 11 of the Covenant on Economic, Social and Cultural Rights, and the General Comment on the right to adequate food.[2]
c. Companies 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 Comment on the right to adequate housing.[3] Companies shall not forcibly evict individuals, families, and/or communities against their will from their homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection pursuant to international human rights law.
d. Companies shall observe standards that protect other economic, social and cultural rights and are otherwise in accordance with the Covenant on Economic, Social and Cultural Rights, and the relevant General Comments.
e. In making siting decisions – particularly as to larger tracts of land – and decisions to depart from a community, companies shall assess the foreseeable consequences of their activities as to displacing people from their habitats and shelter, upsetting food security, diminishing health care, and decreasing the availability of primary education.
Universal
Declaration of Human Rights, Article 24
“Everyone has the right
to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.”
Universal
Declaration of Human Rights, Article 25.1
“25.1. Everyone has the right to a standard of living
adequate for the health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary social services, and
the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his
control.”
Universal
Declaration of Human Rights, Article 26.1
“26.1. Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary
education shall be compulsory.”
International
Covenant on Economic, Social and Cultural Rights, Article 12
“1. The States Parties
to the present Covenant recognize the right of everyone to the enjoyment of
the highest attainable standard of physical and mental health. 2. The steps to be taken by the States Parties
to the present Covenant to achieve the full realization of this right shall
include those necessary for: (a) The
provision for the reduction of the stillbirth-rate and of infant mortality
and for the healthy development of the child; (b) The improvement of all aspects
of environmental and industrial hygiene; (c) The prevention, treatment and
control of epidemic, endemic, occupational and other diseases; (d) The creation
of conditions which would assure to all medical service and medical attention
in the event of sickness.”
International
Covenant on Economic, Social and Cultural Rights, Article 11
“1. The States Parties
to the present Covenant recognize the right of everyone to an adequate standard
of living for himself and his family, including adequate food, clothing and
housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps
to ensure the realization of this right, recognizing to this effect the essential
importance of international co-operation based on free consent. 2. The States Parties to the present Covenant,
recognizing the fundamental right of everyone to be free from hunger, shall
take, individually and through international co-operation, the measures, including
specific programmes, which are needed: (a) To improve methods of production, conservation and distribution
of food by making full use of technical and scientific knowledge, by disseminating
knowledge of the principles of nutrition and by developing or reforming agrarian
systems in such a way as to achieve the most efficient development and utilization
of natural resources; (b) Taking into account the problems of both food-importing
and food-exporting countries, to ensure an equitable distribution of world
food supplies in relation to need.”
General
Comment on the Right to the Highest Attainable Standard of Health, Article
12
“12. The right to health
in all its forms and at all levels contains the following interrelated and
essential elements, the precise application of which will depend on the conditions
prevailing in a particular State party: (1) Availability. Functioning
public health and health-care facilities, goods and services, as well as programmes,
have to be available in sufficient quantity within the State party.
The precise nature of the facilities, goods and services will vary
depending on numerous factors, including the State part’s developmental level.
They will include, however, the underlying determinants of health, such as
safe and potable drinking water and adequate sanitation facilities, hospitals,
clinics and other health-related buildings, trained medical and professional
personnel receiving domestically competitive salaries, and essential drugs,
as defined by the WHO Action Programme on Essential Drugs.
(5) (b) Accessibility. Health facilities, goods and services (6) have
to be accessible to everyone without discrimination, within the jurisdiction
of the State party. Accessibility
has four overlapping dimensions: Non-discrimination: health facilities, goods and services must be
accessible to all, especially the most vulnerable or marginalized sections
of the population, in law and in fact, without discrimination on any of the
prohibited grounds. (7) Physical accessibility:
health facilities, goods and services must be within safe physical reach for
all sections of the population, especially vulnerable or marginalized groups,
such as ethnic minorities and indigenous populations, women, children, adolescents,
older persons, persons with disabilities and persons with HIV/AIDS.
Accessibility also implies that medical services and underlying determinants
of health, such as safe and potable water and adequate sanitation facilities,
are within safe physical reach, including in rural areas.
Accessibility further includes adequate access to buildings for persons
with disabilities. Economic accessibility
(affordability): health facilities,
goods and services must be affordable for all. Payment for health-care services, as well as
services related to the underlying determinants of health, has to be based
on the principle of equity, ensuring that these services, whether privately
or publicly provided, are affordable for all, including socially disadvantaged
groups. Equity demands that poorer households should
not be disproportionately burdened with health expenses as compared to richer
households. Information accessibility:
accessibility includes the right to seek, receive and impart information and
ideas (8) concerning health issues. However, accessibility of information
should not impair the right to have personal health data treated with confidentiality.
(c) Acceptability. All health facilities, goods and services must be
respectful of medical ethics and culturally appropriate, i.e. respectful of
the culture of individuals, minorities, peoples and communities, sensitive
to gender and life-cycle requirements, as well as being designed to respect
confidentiality and improve the health status of those concerned.
(d) Quality. As well as being culturally acceptable, health facilities,
goods and services must also be scientifically and medically appropriate and
of good quality. This requires, inter alia, skilled medical personnel, scientifically
approved and unexpired drugs and hospital equipment, safe and potable water,
and adequate sanitation.”
General
comment on the Right to Adequate Food, ¶8
“The Committee considers
that the core content of the right to adequate food implies: The availability of food in a quantity and
quality sufficient to satisfy the dietary needs of individuals, free from
adverse substances, and acceptable within a given culture; The accessibility of such food in ways that
are sustainable and that do not interfere with the enjoyment of other human
rights.”
OECD
Guidelines for Multinational Enterprises, General Policies, ¶ 1
“[Enterprises should]
1. Contribute to economic, social and environmental progress with a view to
achieving sustaining development.”
OECD
Guidelines for Multinational Enterprises, Employment and Industrial Relations,
¶ 6
“In considering changes
in their operation which would have major effects upon the livelihood of their
employees, in particular in the case of the closure of an entity involving
collective lay-offs or dismissals, provide reasonable notice of such changes
to representatives of their employees, and, where appropriate, to the relevant
governmental authorities, and co-operate with the employee representatives
and appropriate governmental authorities so as to mitigate to the maximum
extent practicable adverse effects.”
Committee
on Economic, Social and Cultural Rights, General Comment 7, The right to adequate
housing (Art. 11 (1) of the Covenant): forced evictions, U.N. Doc. E/C.12/1997/4
(1997)
“4. The term "forced evictions" as
used throughout this General Comment is defined as the permanent or temporary
removal against their will of individuals, families and/or communities from the
homes and/or land which they occupy, without the provision of, and access to,
appropriate forms of legal or other protection. The prohibition on forced
evictions does not, however, apply to evictions carried out by force in
accordance with the law and in conformity with the provisions of the
International Human Rights Covenants.”
14.
Companies shall
respect other civil and political rights, such as freedom of movement; freedom
of thought, conscience, and religion; and freedom of opinion and expression and
refrain from actions, which obstruct the realization of those rights.
Commentary
a. Companies shall observe standards that protect civil and political rights and are otherwise in accordance with the Covenant on Civil and Political Rights and the relevant General Comments.
Universal Declaration of Human Rights, Article 13
“1.
Everyone has the right to freedom of movement and residence within the borders
of each State. 2. Everyone has the right to leave any country,
including his own, and to return to his country.”
Universal Declaration of Human Rights, Article 18
“Everyone
has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or
in community with others and in public of private, to manifest his religion of
belief in teaching, practice, worship and observance.”
Universal Declaration of Human Rights, Article 19
“Everyone
has the right to freedom of opinion and expression; this right includes freedom
to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.”
International Covenant of Civil and
Political Rights, Article 12
“1. Everyone lawfully within the territory of a State
shall, within that territory, have the right to liberty of movement and freedom
to choose his residence. 2. Everyone shall be free to leave any country, including his own.
. . .”
International Covenant of Civil and Political Rights, Article 18
“1.
Everyone shall have the right to freedom of thought, conscience and religion.
This right shall include freedom to have or to adopt a religion or belief of
his choice, and freedom, either individually or in community with others and in
public or private, to manifest his religion or belief in worship, observance,
practice and teaching. 2. No one shall
be subject to coercion which would impair his freedom to have or to adopt a
religion or belief of his choice. . . .”
International Covenant of Civil and Political Rights, Article 12
“1. Everyone shall have the right to hold opinions
without interference. 2. Everyone shall
have the right to freedom of expression; this right shall include freedom to
seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or
through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this
article carries with it special duties and responsibilities. It may therefore
be subject to certain restrictions, but these shall only be such as are
provided by law and are necessary: (a) For respect of the rights or reputations
of others; (b) For the protection of national security or of public order
(ordre public), or of public health or morals.”
F. Obligations with regard to Consumer Protection
15.
Companies shall act
in accordance with fair business, marketing, and advertising practices and
should take all reasonable steps to ensure the safety and quality of the goods
and services they provide.
Commentary
a. Companies shall adhere to relevant international standards so as to avoid variations in the quality of products that would have detrimental effects on consumers, especially in states lacking specific regulations on product quality.
b. Companies shall disclose to the public all appropriate information on the contents and possible hazardous effects of the products they produce through proper labeling, informative and accurate advertising, and other appropriate methods. In particular, they shall warn if death or serious injury is probable from a defect, use, or misuse.
c. Companies shall supply appropriate information to the relevant authorities regarding the characteristics of products or services that may cause injury to the health and safety of consumers, workers, or others as well as restrictions, warnings, and other regulatory measures imposed by several countries on the grounds of health and safety protection as to these products or services.
Universal
Declaration of Human Rights, Article 25.1
“25.1. Everyone has the right to a standard of
living adequate for the health and well-being of himself and of his family,
including food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.”
Draft
United Nations Code of Conduct for Transnational Corporations, ¶¶ 37-40
“37. Transnational corporations shall/should
carry out their operations, in particular production and marketing, in
accordance with national laws, regulations, administrative practices and
policies concerning consumer protection of the countries in which they
operate. Transnational corporations
shall/should also perform their activities with due regard to relevant
international standards, so that they do not cause injury to the health or
endanger the safety of consumers or bring about variations in the quality of
products in each market which would have detrimental effects on consumers. 38.
Transnational corporations shall/should, in respect of the products and
services which they produce or market or propose to produce or market in any
country, supply the competent authorities of that country on request or on a
regular basis, as specified by these authorities, all relevant information
concerning: Characteristics of these
products or services which may be injurious to the health and safety of
consumers including experimental uses and related aspects; Prohibitions, restrictions, warnings and other public
regulatory measures imposed in other countries on grounds of health and safety
protection on these products or services.
39. Transnational corporations
shall/should disclose to the public in the countries in which they operate all
appropriate information on the contents and, to the extent known, on possible
hazardous effects of the products they produce or market in the countries
concerned by means of proper labeling, informative and accurate advertising or
other appropriate methods. Packaging of
their products should be safe and the contents of the product should not be
misrepresented. 40. Transnational corporations shall/should be
responsive to requests from Governments of the countries in which they operate
and be prepared to co-operate with international organizations in their efforts
to develop and promote national and international standards for the protection
of the health and safety of consumers and to meet the basic needs of
consumers.”
OECD
Guidelines for Multinational Enterprises, Consumer Interests
“When
dealing with consumers, enterprises should act in accordance with fair
business, marketing and advertising practices and should take all reasonable
steps to ensure the safety and quality of the goods or services they provide.
In particular, they should: 1.Ensure that the goods or services they provide
meet all agreed or legally required standards for consumer health and safety,
including health warnings and product safety and information labels; 2. As appropriate to the goods or services,
provide accurate and clear information regarding their content, safe use, maintenance,
storage, and disposal sufficient to enable consumers to make informed
decisions; 3.Provide transparent and effective procedures that address consumer
complaints and contribute to fair and timely resolution of consumer disputes
without undue cost or burden; 4.Not
make representations or omissions, nor engage in any other practices, that are
deceptive, misleading, fraudulent, or unfair; 5.Respect consumer privacy and
provide protection for personal data;
6.Co-operate fully and in a transparent manner with public authorities
in the prevention or removal of serious threats to public health and safety
deriving from the consumption or use of their products.”
G. Obligations with regard to Environmental Protection
16.
Companies shall
carry out their activities in accordance with national laws, regulations,
administrative practices, and policies relating to the preservation of the
environment of the countries in which they operate and with due regard to
relevant international agreements, principles, objectives, and standards with
regard to the environment as well as human rights; shall take due account of
the need to protect the environment, public health, and safety; and shall
generally conduct their activities in a manner contributing to the wider goal
of sustainable development.
Commentary
a. Companies shall respect the right to a clean and healthy environment in light of the relationship between environment and human rights; concerns for inter-generational equity; and internationally recognized environmental standards, for example, with regard to air pollution, water pollution, land use, biodiversity, and hazardous wastes.
b. Companies shall be responsible for the environmental and human health impact of all of their activities, including any products or services they introduce into commerce, including packaging, transportation, and by-products of the manufacturing process.
c. In decision-making processes, companies shall assess the impact of their activities on the environment and human health including impacts from siting decisions; natural resource extraction activities; the production and sale of products or services; and the generation, storage, transport, and disposal of hazardous and toxic substances.
d. Companies shall undertake environmental and social assessments on a periodic basis (preferably annually or biannually). Assessments shall, interalia, address particularly the impact of proposed activities on women. Companies shall distribute such reports in a timely manner and in a manner that is accessible to the United Nations Environmental Programme, the International Labour Organization, other interested international bodies, the national government hosting each company, the national government where the company maintains its principal office, and other affected groups. The reports should be accessible to the general public.
e. Companies shall respect the prevention principle, for example, by preventing and/or mitigating deleterious impacts identified in any assessment. Companies shall respect the precautionary principle, which indicates, for example, that when preliminary risk assessments indicate unacceptable effects on health or the environment, companies shall not use the lack of full scientific certainty as a reason to delay the introduction of cost-effective measures intended to prevent such effects. Companies should consider any reactions from stakeholders in endeavouring to prevent environmental and human rights consequences.
f. Upon the expiration of the useful life of their products or services, companies shall be responsible for collecting or arranging for the collection of the remains of the product or services for recycling, re-use, and/or environmentally acceptable disposal.
g. Companies shall take appropriate measures in their activities to reduce the risk of accidents and damage to the environment by adopting best management practices and technologies. In particular, companies shall use best management practices and appropriate technologies and enable their component entities to meet these environmental objectives through the sharing of technology, knowledge, and assistance, as well as through environmental management systems and sustainability reporting. In addition, they shall educate and train workers to ensure their compliance with these objectives.
Universal
Declaration of Human Rights, Article 25.1
“25.1. Everyone has the right to a standard of
living adequate for the health and well-being of himself and of his family,
including food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.”
ILO
Tripartite Declaration of Principles concerning Multinational Enterprises and
Social Policy, ¶ 24
“Governments should
carefully study the impact of multinational enterprises on employment in
different industrial sectors. Governments, as well as multinational enterprises
themselves, in all countries should take suitable measures to deal with the
employment and labour market impacts of the operations of multinational
enterprises.”
Draft
United Nations Code of Conduct for Transnational Corporations, ¶¶ 41-43
“41. Transnational corporations shall/should
carry out their activities in accordance with national laws, regulations,
administrative practices and policies relating to the preservation of the
environment of the countries in which they operate and with due regard to the
relevant international standards.
Transnational corporations shall/should, in performing their activities,
take steps to protect the environment and where damaged to [restore it to the
extent appropriate and feasible [rehabilitate it] and should make efforts to
develop and apply adequate technologies for this purpose. 42.
Transnational corporations shall/should, in respect of the products,
processes and services they have introduced or propose to introduce in any
country, supply to the competent authorities of that country on request or on a
regular basis, as specified by these authorities, all relevant information
concerning: Characteristics of these
products, processes and other activities including experimental uses and
related aspects which may harm the environment and the measures and costs
necessary to avoid or at least to mitigate their harmful effects; Prohibitions,
restrictions, warnings and other public regulatory measures imposed in other
countries on grounds of protection of the environment on these products,
processes and services. 43. Transnational corporations shall/should be
responsive to requests from Governments of the countries in which they operate
and be prepared where appropriate to co-operate with international
organizations in their efforts to develop and promote national and international
standards for the protection of the environment.”
OECD
Guidelines for Multinational Enterprises, Environment
“Enterprises should,
within the framework of laws, regulations and administrative practices in the
countries in which they operate, and in consideration of relevant international
agreements, principles, objectives, and standards, take due account of the need
to protect the environment, public health and safety, and generally to conduct
their activities in a manner contributing to the wider goal of sustainable
development. In particular, enterprises should: 1. Establish and maintain a system of environmental management
appropriate to the enterprise, including:
collection and evaluation of adequate and timely information regarding
the environmental, health, and safety impacts of their activities;
establishment of measurable objectives and, where appropriate, targets for
improved environmental performance, including periodically reviewing the
continuing relevance of these objectives; and regular monitoring and
verification of progress toward environmental, health, and safety objectives or
targets. 2. Taking into account concerns about cost, business confidentiality,
and the protection of intellectual property rights: provide the public and employees
with adequate and timely information on the potential environment, health and
safety impacts of the activities of the enterprise, which could include
reporting on progress in improving environmental performance; and engage in
adequate and timely communication and consultation with the communities
directly affected by the environmental, health and safety policies of the
enterprise and by their implementation. 3. Assess, and address in
decision-making, the foreseeable environmental, health, and safety-related
impacts associated with the processes, goods and services of the enterprise
over their full life cycle. Where these proposed activities may have
significant environmental, health, or safety impacts, and where they are
subject to a decision of a competent authority, prepare an appropriate
environmental impact assessment. 4. Consistent with the scientific and
technical understanding of the risks, where there are threats of serious damage
to the environment, taking also into account human health and safety, not use
the lack of full scientific certainty as a reason for postponing cost-effective
measures to prevent or minimise such damage. 5. Maintain contingency plans for
preventing, mitigating, and controlling serious environmental and health damage
from their operations, including accidents and emergencies; and mechanisms for
immediate reporting to the competent authorities. 6. Continually seek to
improve corporate environmental performance, by encouraging, where appropriate,
such activities as: a. Adoption of
technologies and operating procedures in all parts of the enterprise that
reflect standards concerning environmental performance in the best performing
part of the enterprise; b. Development and provision of products or services
that have no undue environmental impacts; are safe in their intended use; are
efficient in their consumption of energy and natural resources; can be reused,
recycled, or disposed of safely; c. Promoting higher levels of awareness among
customers of the environmental implications of using the products and services
of the enterprise; and d. Research on ways of improving the environmental
performance of the enterprise over the longer term. 7.Provide adequate education and training to employees in
environmental health and safety matters, including the handling of hazardous
materials and the prevention of environmental accidents, as well as more
general environmental management areas, such as environmental impact assessment
procedures, public relations, and environmental technologies. 8.Contribute to the development of
environmentally meaningful and economically efficient public policy, for
example, by means of partnerships or initiatives that will enhance
environmental awareness and protection.
Global
Compact, Principles 7-9
“7. Businesses should support a precautionary
approach to environmental challenges;
8. undertake initiatives to promote greater environmental
responsibility; and 9. encourage the development and diffusions of
environmentally friendly technologies.”
Coalition
for Environmentally Responsible Economies, Protection of the Biosphere
“We will reduce and make
continual progress toward eliminating the release of any substance that may
cause environmental damage to the air, water, or the earth or its operations
and will protect open spaces and wilderness, while preserving biodiversity. Sustainable Use of Natural Resources: We will make sustainable use of renewable
natural resources, such as water, soils and forests. We will conserve non-renewable natural resources through
efficient use and careful planning.
Reduction and Disposal of Wastes:
We will reduce and where possible eliminate waste through source
reduction and recycling. All waste will
be handled and disposed of through safe and responsible methods. Energy Conservation: We will conserve energy and improve energy
efficiency of our internal operation and of the good and services we sell. We will make every effort to use
environmentally safe and sustainable energy sources. Risk Reduction: We will
strive to minimize the environmental, health and safety risks to our employees
and the communities in which we operate through safe technologies, facilities
and operating procedures, and by being prepared for emergencies. Safe Products and Services: We will reduce
and where possible eliminate the use, manufacture or sale of products and
services that cause environmental damage or health or safety hazards. We will
inform our customers of the environmental impacts of our products or services
and try to correct unsafe use. Environmental Restoration: We will promptly and
responsibly correct conditions we have caused that endanger health, safety or
the environment. To the extent feasible, we will redress injuries we have
caused to persons or damage we have caused to the environment and will restore
the environment. Informing the Public: We will inform in a timely manner
everyone who may be affected by conditions caused by our company that might
endanger health, safety or the environment. We will regularly seek advice and
counsel through dialogue with persons in communities near our facilities. We
will not take any action against employees for reporting dangerous incidents or
conditions to management or to appropriate authorities.”
Caux
Round Table, Principles for Business, Principle 6. Respect for the Environment
“A business should protect
and, where possible, improve the environment, promote sustainable development,
and prevent the wasteful use of natural resources.”
Starbucks
Commitment State of Beliefs, We believe in Preserving and Enhancing the
Physical Environment
“We believe in the
importance of progressive environmental practices and conservation
efforts. We believe in demonstrating
leadership for environmental practices in countries in which we do business. We believe that hazardous materials such as
chemicals and pesticides should be used safely and responsibly, if at all.”
Body
Shop, Trading Charter
“We will use
environmentally sustainable resources wherever technically and economically
viable. Our purchasing will be based on a system of screening and investigation
of the ecological credentials of our finished products, ingredients, packaging
and suppliers. “
PepsiCo, Worldwide Code of Conduct, Safety
and Environmental Protection
“We
are dedicated to designing, constructing and maintaining operating facilities
that protect our people and physical resources. This includes providing and requiring the use of adequate
protective equipment and measures and insisting that all work be done
safely. We believe that protecting the
environment is an important part of good corporate citizenship. We are committed to minimizing the impact of
our businesses on the environment with methods that are socially responsible, scientifically based and economically sound. We encourage conservation, recycling and
energy use programs that promote clean air and water and reduce landfill
waste.”
Association
Portuguesa das Empresas Quimicas, Guiding Principles
“5. The company advises its clients about
handling, using, transporting and treating the wastes of its products with
regard to health, safety and the environment.
6. The company makes its best
effort to use its resources in the best possible way and to reduce the
production of waste, according to the principle of recycling, ensuring that
their disposal respects health, safety and the environment. 7.
The company helps to research on the effects of its products,
manufacturing processes and wastes on health, safety and the environment.”
The
Swedish Chemical Industry Progress Report, Responsible Care
“5. Any new process and product as well as any
new information of existing processes and products, should be thoroughly
analysed with regard to their health, safety and environmental implications. 8.
The customers should be supplied with advise and instructions regarding
safe transport, storage and use of its products and, when applicable, safe
disposal of used products and packages.”
H. General
Provisions of Implementation
17. Each company shall adopt, disseminate, and implement its own code of conduct or shall take other adequate measures to afford at least the protections set forth in these Guidelines.
Commentary
a. Each company shall disseminate its code of conduct or similar measures, as well as implementation procedures, and make them available to all relevant stakeholders. The company code of conduct or similar measures shall be communicated in oral and written form in the language of workers, contractors, suppliers, customers, and other stakeholders of the company.
b. Once a company’s code of conduct or similar measures have been adopted and disseminated, companies shall – to the extent of their resources and capabilities – provide effective training for their managers as well as workers and their representatives in company practices relevant to the Guidelines.
c. To the extent of its resources and capabilities, companies shall endeavour to assure that they only purchase products and services from contractors, subcontractors, suppliers, and licensees who follow these or substantially similar Guidelines. Companies using suppliers that do not meet the Guidelines should take all necessary steps to reform or decrease these violations and if a supplier will not change, the company should cease doing business with the supplier.
d. Each company shall take adequate measures to afford at least the protections set forth in these Guidelines and shall endeavour to improve continually its further implementation of these Guidelines.
e. Companies shall inform in a timely manner everyone who may be affected by conditions caused by the company that might endanger health, safety, or the environment.
f. Companies shall provide adequate reparation to those persons who have been adversely affected by restoring, replacing, or otherwise compensating for any damage done or property taken.
Amnesty International, Human Rights Principles for Companies, An Introductory Checklist
“The company policy should enable discussion with the authorities at
local, provincial and national levels of specific cases of human rights violations
and the need for safeguards to protect human rights. It should enable the
establishment of programs for the
effective human rights education and training of all employees within the
company and encourage collective action in business associations to promote
respect for international human rights standards.”
Clean Clothes Campaign, Preamble
“. . . will require its contractors, their
sub-contractors, principal supplier and licensees to provide these conditions
and observe these standards when producing or distributing products or
components of products…prior to placing orders with principal suppliers,
engaging contractors and subcontractors or granting licenses, assess whether
the provision of this code can be met.”
Code
of Labour Practice for Production of Goods Licensed by the Federation
Internatinale de Football Association (FIFA), Implementation and Monitoring
“Licensees, their
contractors and subcontractors shall undertake to support and cooperate in the
implementation and monitoring of the code by:
-providing FIFA or its agent with relevant information concerning their
operations; -permitting inspection at any time of their workplaces and
operations by approved inspectors; - maintaining records of the name, age,
hours worked and wages paid for each worker and making these available to
approved inspectors on request; - informing, verbally and in writing, the
workers concerned of the provisions of this code; and, - refraining from
disciplinary action, dismissal or otherwise discriminating against any worker
for providing information concerning observance of this Code. Any licensee, contractor or subcontractor
found to be in breach of one or more terms of this Code of Labour Practice
shall be subject to a range of sanctions up to and including withdrawal of the
right to produce or organize production of FIFA-licensed goods. Furthermore, licensees who fail to ensure
that their contractors or subcontractors abide by the Code of Labour Practice
shall be subject to the same range of sanctions.”
Sara
Lee Corporation, Supplier Selection Guidelines, Ethical Standards
“Sara Lee believes in
doing business with those suppliers who embrace high standards of ethical
business behavior and who demonstrate commitment to those standards through
practices.”
Social
Accountability (SA 8000), Planning and Implementation
“9.5 The company shall ensure that the
requirements of this standard are understood and implemented at all levels of
the organization; methods shall include, but are not limited to: a) clear definition of roles,
responsibilities, and authority; b) training of new and/or temporary employees
upon hiring; c) periodic training and awareness programs for existing
employees; d) continuous monitoring of activities and results to demonstrate
the effectiveness of systems implemented to meet the company’s policy and the
requirements of this standard.”
18.
Companies shall
monitor and verify their compliance with these Guidelines in a manner that is
independent, transparent, and includes input from relevant stakeholders.
Commentary
a. Companies
shall provide legitimate and confidential avenues through which workers can
file complaints with regard to such issues.
To the extent possible, companies shall make known to the complainant
any actions taken as a result of the investigation. Companies shall not discipline or take other action against
workers or others who submit complaints or assert that any company has failed
to comply with these Guidelines.
b. Companies
receiving claims of violations of this code shall make a record of each claim
and
obtain an independent investigation of the claim or call upon other
proper authorities. Companies shall
actively monitor the status of investigations and press for their full
resolution.
c. Companies shall accept independent monitoring of their compliance with these Guidelines so long as the monitoring does not unduly interfere with work being performed. Companies shall also endeavour to assure such monitoring of their suppliers to the extent possible. In addition, companies shall comply with relevant governmental procedures, including, for example labour inspections.
d. Companies shall endeavor to ensure the monitoring process is transparent, for example, by making available to relevant stakeholders the workplaces observed, remediation efforts undertaken, and other results of monitoring. Companies shall further ensure that any monitoring seeks to obtain and incorporate input from relevant stakeholders.
e. Companies shall further enhance the transparency of their activities by disclosing timely, relevant, regular, and reliable information regarding their activities, structure, financial situation, and performance. Companies shall also make known the location of their offices, subsidiaries, and factories, so as to facilitate measures to assure that the companies’ products and services are being produced under conditions that respect these Guidelines.
OECD
Multinational Guidelines, Disclosure
“Enterprises should ensure
that timely, regular, reliable and relevant information is disclosed regarding
their activities, structure, financial situation and performance. This information should be disclosed for the
enterprise as a whole and, where appropriate, along business lines or
geographic areas. Disclosure policies
of enterprises should be tailored to the nature, size and location of the enterprise, with due regard taken of
costs, business confidentiality and other competitive concerns. Enterprises should apply high quality
standards for disclosure, accounting, and audit. Enterprises are also encouraged to apply high quality standards
for non-financial information including environmental and social reporting
where they exist. The standards or policies under which both financial and
non-financial information are compiled and published should be reported. Enterprises should disclose basic
information showing their name, location, and structure, the name, address and
telephone number of the parent enterprise and its main affiliates, its
percentage ownership, direct and indirect in these affiliates, including
shareholdings between them. Enterprises
should also disclose material information on:
a. The financial and operating results of the company; b. Company objectives; c. Major share ownership and voting
rights; d. Members of the board and key
executives, and their remuneration; e.
Material foreseeable risk factors; f.
Material issues regarding employees and other stakeholders; g. Governance
structures and policies. Enterprises
are encouraged to communicate additional information that could include: a.
Value statements or statements of business conduct intended for public
disclosure including information on the social, ethical and environmental
policies of the enterprise and other codes of conduct to which the company
subscribes. In addition, the date of
adoption, the countries and entities to which such statements apply and its
performance in relation to these statements may be communicated; b. Information on systems for managing risks
and complying with laws, and on statements or codes of business conduct; c. Information on relationships with
employees and other stakeholders.”
Amnesty
International, Human Rights Principles for Companies, An Introductory Checklist
“All companies should establish mechanisms to monitor effectively all
their operations’ compliance with codes of conduct and international human
rights standards. Such mechanism must
be credible and all reports must periodically be independently verifiable in a
similar way to the auditing of accounts or the quality of products and
services. Other stakeholders such as
members of local communities in which the company operates and voluntary
organizations should have an opportunity to contribute in order to ensure
transparency and credibility.”
Social
Accountability (SA 8000), Addressing Concerns and Taking Corrective Action,
Outside Communication & Access for Verification
“9.9 The company shall investigate, address, and
respond to the concerns of employees and other interested parties with regard
to conformance/nonconformance with the company’s policy and/or the requirements
of this standard; the company shall refrain from disciplining, dismissing or
otherwise discriminating against any employee for providing information
concerning observance of the standard. 9.10
The company shall implement remedial and corrective action and allocate
adequate resources appropriate to the nature and severity of any nonconformance
identified against the company’s policy and/or the requirements of the
standard. 9.11 The company shall establish and maintain procedures to
communicate regularly to all interested parties data and other information
regarding performance against the requirements of this document, including, but
not limited to, the results of management reviews and monitoring activities. 9.12 Where required by contract, the company
shall provide reasonable information and access to interested parties seeking
to verify conformance to the requirement of this standard; where further
required by contract, similar information and access shall also be afforded by
the company’s suppliers and subcontractors through the incorporation of such a
requirement in the company’s purchasing contractors.”
Body
Shop, Trading Charter
“We will institute
appropriate monitoring, auditing and disclosure mechanisms to ensure our
accountability and demonstrate our compliance with these principles.”
Keidanren
Charter for Good Corporate Behavior
“10. When the Charter is violated, corporations’
top executives will resolve the problem, endeavoring to clarify its causes and
prevent its recurrence. They will promptly disclose all relevant information to
the public, and will mete out stern punishment upon identifying authority and
responsibility, not excluding themselves.”
Coalition
for Environmental Responsible Economies, Informing the Public
“We will inform in a
timely manner everyone who may be affected by conditions
caused by our company that
might endanger health, safety or the environment. We will regularly seek advice and counsel through dialogue with
persons in communities near our facilities.
We will not take any action against employees for reporting dangerous
incidents or conditions to management or to appropriate authorities.”
19.
Companies shall
assess their major activities to determine their human rights impact in light of these Guidelines.
Commentary
a. Each company shall engage in an annual or other periodic self-assessment of its compliance with the Guidelines taking into account comments from stakeholders. The results of the self-assessment shall be made available to stakeholders to the same extent as the company’s annual report.
b. Assessments revealing inadequate compliance with the Guidelines shall also include plans of action or methods of redress a company will pursue in order to fulfill the Guidelines.
c. Before a company pursues a major initiative or project, it shall, to the extent of its resources and capabilities, study the human rights impact of that project in light of these Guidelines. The impact statement shall include a description of the action, its need, anticipated benefits, an analysis of any human rights impact related to the action, an analysis of reasonable alternatives to the action, and identification of ways to reduce any negative human rights consequences. A company shall make available the results of that study to relevant stakeholders, and shall consider any reactions from stakeholders.
d. Before entering into new business relationships, companies shall assess the compliance of these potential business partners with the standards set forth in these Guidelines.
The
Swedish Chemical Industry Progress Report, Responsible Care
“4. The current operations
should be regularly and systematically assessed for the purpose both of
identifying and correcting any element which may put human beings, real
property or the natural environment at risk of nuisance or damage and of
establishing a basis of safety-related improvements of processes and
products. 5. Any new process and
product as well as any new information on existing processes and products
should be thoroughly analysed with regard to the health, safety and
environmental implications.”
Social
Accountability (SA 8000), Control of Suppliers
“The company shall
establish and maintain appropriate procedures to evaluate and select suppliers
based on their ability to meet the requirements of this standard.”
The Nokia Way, Code of Conduct,
Implementation
“Nokia recognizes that the
above commitment means that Nokia will strive to identify ethical, legal,
environmental, employment, and human rights issues and resolve matters
consistent with it Fundamental Principles and this Code of Conduct.”
Coalition
for Environmental Responsible Economies, Audits and Reports
“We will conduct an annual
self-evaluation of our progress in implementing these Principles. We will support the timely creation of
generally accepted environmental audit procedures. We will annually complete the CERES Report, which will be made
available to the public."
20.
Nothing in the
present Guidelines shall be interpreted as restricting or adversely affecting human rights recognized
in international law, national or state law, or the activities of companies.
Convention
on the Rights of the Child, Article 31.
“Nothing in the present
convention shall affect any provisions which are more conducive to the
realization of the rights of the child and which may be contained in (a) The
law of a State party; or (b) International law in force for that state.”
I. Definitions
21.
The term “company”
includes any business enterprise, regardless of the international or domestic
nature of its activities; the corporate, partnership, or other legal form used
to establish the business entity; and the nature of the ownership of the
entity, including any privately-owned or government-owned entity.
22.
The term
“stakeholder” includes stockholders, other owners, workers, and their
representatives, as well as any other individual or group that is affected by
the activities of the company.
Commentary
a. The term “stakeholder” should be interpreted functionally in light of the objectives of these Guidelines and include indirect stakeholders when their interests are or will be substantially affected by the activities of the company. In addition to parties directly affected by the activities of companies, stakeholders can include parties which are indirectly affected by the activities of companies such as consumer groups, customers, governments, neighboring communities, NGOs, public and private lending institutions, suppliers, trade associations, and others.
b. The terms “contractor,” “subcontractor,” “supplier,” and “licensee” includes any natural or legal person who contracts with the company to accomplish the company’s activities.
c. The phrases “internationally recognized human rights” and “international human rights” include economic, social, and cultural rights; and civil and political rights as guaranteed by the International Bill of Human Rights[4] and the other human rights treaties, as well as rights guaranteed by international humanitarian law, international refugee law, international labour law, and other relevant instruments promulgated by the United Nations.
ILO
Tripartite Declaration of Principles concerning Multinational Enterprises and
Social Policy, ¶ 6
“To serve its
purpose this Declaration does not require a precise legal definition of
multinational enterprises; this paragraph is designed to facilitate the
understanding of the Declaration and not to provide such a definition. Multinational enterprises include
enterprises, whether they are of public, mixed or private ownership, which own
or control production, distribution, services or other facilities outside the
country in which they are based.”
OECD Guidelines for Multinational
Enterprises, Concepts and Principles
“The Guidelines are not
aimed at introducing differences of treatment between multinational and
domestic enterprises; they reflect good practice for all. Accordingly, multinational and domestic
enterprises are subject to the same expectations in respect of their conduct
wherever the Guidelines are relevant to both.”
Clean Clothes Campaign, Code of Labour
Practices for the Apparel Industry Including Sportswear
“The terms
‘contractor’, ‘subcontractor,’ ‘supplier’, mean any natural or legal person who
contracts with the company and is engaged in the manufacturing process. . . .”
ICFTU Basic Code of Labour
Practice, Preamble
“For the purposes
of this code the term ‘contractor’ shall mean any natural or legal person who
contracts with (name of company) to perform work or provide services. The
term ‘sub-contractor’ means any natural or legal person who contracts with the
contractor, as defined above, for the purpose of performing work or providing
services related to or as part of an agreement with (name of company). The term “principal supplier” means any
natural or legal person who provides (name of company) with materials or
components used in the final products, or the final products, sold by (name of
company). A principal supplier may be a
person who provides services where these services are considered part of the
final product provided by the (name of company). The terms ‘licensee’ and
‘franchise-holder’ mean any natural or legal person who, as part of a
contractual arrangement with (name of company), uses for any purpose the name
of (name of company) or its recognized brand names or images.”
Keidanren Charter for Good Corporate
Behavior, Introduction
“These changes require a reassessment of corporate behavior, including relations with consumers, users, shareholders, employees, customers and clients, local communities, and other stakeholders.”