8. National human rights institutions and business
States have a duty to protect against human rights abuses by third parties, including
business. In resolution 8/7, adopted in June 2008, the Human Rights Council recognized the need to protect all human rights from abuses by, or involving, transnational
corporations or other business enterprises. It also extended the mandate of the Special
Representative of the Secretary-General on the issue of human rights, transnational
corporations and other business enterprises to 2011.
A survey conducted by OHCHR on behalf of the Special Representative shows that
many NHRIs engage in business and human rights issues, though most only to a
limited extent. Commissions tend to focus on non-discrimination and related labour
rights, while others have a broad protection mandate. In a survey on business and
human rights, 13 out of 43 NHRIs reported that they lacked legal mechanisms for
handling complaints against companies.40 In some cases, this stems from the—mistaken—notion that human rights are limited to the relationship between the individual and the State. In such cases, both the State and the institution should assess
the need for similar protection in the private sector.
In 2009, the International Coordinating Committee established the Working Group on
Human Rights and Business, whose mandate includes:
– Strategic planning (for business and human rights issues, and joint NHRI programming);
– Capacity-building and resource sharing (staff development and providing a platform
for NHRIs to share best practices and tools);
– Agenda setting and outreach (facilitating the participation of the International
Coordinating Committee and NHRIs in key international, regional and domestic debates on business and human rights).
Two resources are available for NHRIs:
■■
BASESwiki is an online portal (www.baseswiki.org). It is an initiative of the Special
Representative, with the Corporate Social Responsibility Initiative at Harvard Kennedy
School, the International Bar Association and the Compliance Adviser/Ombudsman
of the World Bank Group. It aims to help business and society explore solutions to
grievances and disputes, including resources for grievance resolution, accountability
mechanisms and access to experts in amicable dispute resolution.
■■
The portal of the United Nations Special Representative of the Secretary-General
on business and human rights (www.business-humanrights.org/SpecialRepPortal/
Home).
Conclusion
National human rights institutions are State-sponsored and State-funded organizations
that nonetheless act independently of the Government to promote and protect human rights at the national level. If they are established in conformity with the Paris
Principles, they can have an important and positive impact on their countries’ human
rights situation. While all institutions should share basic characteristics with regard to
their mandate, responsibilities and authority, there are different models. Increasingly,
however, the distinctions between these models are becoming blurred. What is more
relevant than the label attached to an institution is the fact that its mandate, functions
and powers accord with the letter and the spirit of the Paris Principles.
40
OHCHR, “Business and human rights: a survey of NHRI practices–results from a survey distributed by the
Office of the United Nations High Commissioner for Human Rights” (2009).
28
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