CYIL vol. 11 (2020)

MONIKA FEIGERLOVÁ CYIL 11 (2020) version in July 2019 (Revised Draft). 2 As the name indicates, the document addresses issues of responsibility of transnational corporations and other enterprises with respect to human rights and is being prepared under the auspices of the United Nations Human Rights Council. Strong parallels between environmental degradation and the operations of multinational corporations have been determined in several studies. 3 In the context of climate change, the debate about the accountability of corporations has become even more acute. With economic globalization, privatization of state enterprises and government functions (e.g. prison management, operation of water facilities, law enforcement), and the generation of significant global revenues by multinational companies, private actors have gained considerable economic power and influence on public affairs. Further instances of the involvement of businesses in human rights abuses that were reported include attacks on indigenous people, abuses in situations of armed conflict, pharmaceutical companies exploiting those in need of medicine, use of forced and child labour, poor safety and health conditions at work, or land grabbing. 4 Nevertheless, the topic is not new and initiatives attempting to grasp businesses’ conduct, mainly relating to corporations involved in transnational relations, were already present in the second half of the twentieth century. 5 Since then, a number of soft law instruments aimed at protecting human rights from business related violations have been developed with more or less success and the process is still on going. 6 The work of Professor John Ruggie can be considered a significant achievement at the international level in the recognition of 2 Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and Other Business Enterprises, Revised Draft 16.7.2019. Available at: < https://www.ohchr.org/ Documents/HRBodies/HRCouncil/WGTransCorp/OEIGWG_RevisedDraft_LBI.pdf >. Visited on 1 June 2020. 3 See e.g. Climate Accountability Institute, The Carbon Majors Database: CDP Carbon Majors Report 2017 (July 2017). Available at < https://b8f65cb373b1b7b15feb-c70d8ead6ced550b4d987d7c03fcdd1d.ssl.cf3.rackcdn. com/cms/reports/documents/000/002/327/original/Carbon-Majors-Report-2017.pdf>. See also Commission on Human Rights of the Republic of Philippines: National Inquiry on the Impact of Climate Change on the Human Rights of the Filipino People and the Responsibility of Therefor, if any, of the “Carbon Majors” (CHR- NI-2016-0003). Available at < http://chr.gov.ph/nicc-2/>. Visited on 1 June 2020. 4 Report on the fifth session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights. 09/01/2020, A/HRC/43/55, p. 4, para. 9. Available at < https://ap.ohchr.org/documents/E/HRC/other/A_HRC_43_55%20E.pdf>. Visited on 1 June 2020. 5 E.g. in 1974 the UN Centre on Transnational Corporation was established as a central point for all matters related to transnational corporations (to be later merged into the activities of UNCTAD). Among the successful initiatives belong (a) the first edition of the OECD Guidelines for Multinational Enterprises which dates back to 1976 when the Organization for Economic Co-operation and Development adopted the Guidelines as part of the Declaration on International Investment and Multinational Enterprises, and (b) the first edition of the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration) adopted in 1977. None of the subsequent initiatives, i.e. the UN Draft Code of Conduct for Transnational Corporations released in 1984 and the UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights published in 2003, achieved greater importance. 6 E.g. the last edition of the OECDGuidelines for Multinational Enterprise was published in 2011. The Guidelines are recommendations addressed by 44 adhering governments to multinational enterprises operating in or from adhering countries and provide non-binding principles and standards for responsible business conduct in a global context consistent with applicable laws and internationally recognized standards. The 5 th Edition of the MNE Declaration was published in 2017 and provided guidance to enterprises on social policy and inclusive, responsible, and sustainable workplace practices. Another initiative formed in 2010 is the United Nations Global Compact which is a call to companies to align their strategies with ten universally accepted principles in the areas of human rights, labour, environment and anti-corruption.

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