BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

Another fair parallel must be done with the duty of States toward protecting human rights. Among other things, States parties have a duty to protect social human rights by all means, according to their available resources. Likewise, and based on that, human rights due diligence plans might be implemented wherever a company benefit of State protection. 20 Therefore, fundamental labour rights to (a) freedom of association and the effective recognition of the right to collective bargaining; (b) elimination of all forms of forced or compulsory labour; (c) effective abolition of child labour; and (d) elimination of discrimination in respect of employment and occupation are supposed to be part of such a kind of programs. By the side of labour rights, it is worth mentioning that “multinational and other enterprises could complement public social security systems and help to stimulate further their development, including through their own employer sponsored programs”. 21 Within the field of health, part of this aim might be provided, for instance, by preventative programs of safety and healthcare culture. A very good example of such practice stem from the very recent partnership between three giants: Amazon, Warren Buffett’s Berkshire Hathaway and the New York bank JP Morgan. They decided to create a company that helps their US employees find quality care at a reasonable cost. 22 Likewise, by providing due information regarding products and processes, enterprises may accomplish a crucial role within the scope of social security for a context of an information society. Still, by observing conformity with national requirements a multinational enterprise may enhance the state of knowledge of special and unforeseen hazards by the local rules. 23 Furthermore, traditional people – such as indigenous ones – must have respected their right to be aware in advance not only about means, but also about the ends of business undertakings with which they engage. Given that indigenous people have the right to benefit of development activities, companies must clarify how (and in what amount of ) outcomes, profits and yield is expected to be shared with them. Thus, due diligent business programs can foresee such issues and display them to all stakeholders. The business duty to respect consists in adopting a fair set procedure to do business with traditional people in order to be able not to cause adverse impacts on human rights. This also apply to all other sensitive fields of human rights such as new medicines, accommodation for disable people, natural resources exploitation, real estate market, migrant workers, marketing and advertising, and so on. In spite of doing business in sensitive fields of human rights, as well as with sensitive sort of persons, is a fact all over the world, it is lacking a due diligent approach to the issue. Previous consultation, social dialogue with representative institutions are examples of due diligent proceedings strongly recommended by the Committee. 20 This orientation is seen as a foundational principle. See, UN Guiding principles on business and human rights, 2008, notably items 11 and 12. 21 ILO, MNE Declaration, Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, 2017, p. 14. 22 Amazon andWarren Buffett to create ‘reasonable cost’ healthcare company, Available at: www.theguardian. com/technology/2018/jan/30/amazon-warren-buffett-jp-morgan-healthcare 23 ILO, MNE Declaration, Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, 2017, p. 11

111