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 t