BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

4 The OECD Guidelines for Multinational Enterprises and the increasing relevance of the system of National Contact Points

Ondřej Svoboda 1

1. Introduction The importance of multinational enterprises (MNEs) has emerged together with the expanding global trade and international investments flows under the process of globalisation. With the growing influence of corporations on the economy and society came increasing human rights issues, particularly in the case of MNEs operating in third world countries. Multiple approaches have been developed to help solve questions concerning MNEs’ responsibility for human rights protection. Traditionally, the main emphasis was placed on self-regulation supported by sanctions and enforcement at a national level. However, these do not always solve the problem of MNEs taking advantage of different national regulatory regimes. 2 Consequently, a number of actions targeting business conduct was taken at an international level in trying to react to internationalisation advantages in MNEs. The United Nations (UN), 3 the International Labour Organisation (ILO), 4 and the European Union (EU) have all developed their own standards which resulted into there being a variety of decentralised soft law efforts. However, it is the Organisation for Economic Co-operation and Development (OECD) that remains the largest long- standing promoter of responsible business conduct, and as such, it has developed a set of principles to ensure that businesses adhere to basic standards of conduct. In 1976, the OECD produced the most prominent interstate document on corporate social responsibility – the OECD Guidelines for Multinational Enterprises (the Guidelines), which are still the only corporate social responsibility (CSR) instrument formally adopted by states’ governments. In essence, the Guidelines are recommendations addressed by 1 Charles University, Ministry of Industry and Trade of the Czech Republic. The author would like to thank Alex Ivančo, Ph.D., the head of the Secretariat of the National Contact Point of the Czech Republic who introduced him to the complex issues of the OECD Guidelines for Multinational Enterprises. The views and opinions expressed in this article are those of the author and do not reflect the official policy or position of the Ministry of Industry and Trade of the Czech Republic. 2 MUCHLINSKI, P. T.: Multinational Enterprises & the Law . Oxford: Oxford University Press, 2010, p. 40. 3 The UN Norms on the Responsibilities of Transnational Corporations and Other Business enterprises with regard to Human Rights, UN Doc. E/CN.4/Sub.2/2003/12/Rev/2 (2003). 4 ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, Geneva, International Labour Organization, OB Vol. LXI, 1978, Series A, No. 1, DOCNO:28197701, adopted by the Governing Body of the International Labour Office at its 204thSession, Geneva, November 1977.

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