The UN Human Rights Council failed to take meaningful action to address business-related human rights abuses. It endorsed non-binding Guiding Principles on business and human rights rather than establishing global standards. The council also did not create an accountability mechanism to ensure companies and governments implement the principles. Human Rights Watch had called for stronger follow up to assess implementation and address abuses like those documented in various reports. The council's approach maintains the status quo in which companies are only encouraged, not required, to respect rights.

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UN Human Rights Council: Weak Stance on Business Standards
Global Rules Needed, Not Just Guidance Related Materials:
Human Rights Council: Resolution
June 16, 2011
on International Business Needs
(Geneva) - The UN Human Rights Council squandered an opportunity to take meaningful Strengthening
action to curtail business-related human rights abuses, Human Rights Watch said today. Advancing the Global Business and
Human Rights Agenda
The council, on June 16, 2011, endorsed a set of "Guiding Principles on Business and Human
Joint Civil Society Statement to the
Rights" and announced the formation of a working group and an annual meeting of business,
17th Session of the Human Rights
government, and civil society representatives focused on disseminating and discussing those
Council
principles. The principles are the final outcome of the tenure of John Ruggie, a Harvard
professor who has been the UN's special representative on business and human rights since
In effect, the council endorsed the
2005. status quo: a world where
companies are encouraged, but not
The council failed to put in place a mechanism to ensure that the basic steps to protect human
obliged, to respect human rights.
rights set forth in the Guiding Principles are put into practice, Human Rights Watch said. The
Guidance isn't enough - we need a
Guiding Principles do not set a "global standard," as some have suggested. mechanism to scrutinize how
companies and governments apply
"In effect, the council endorsed the status quo: a world where companies are encouraged, but
these principles.
not obliged, to respect human rights," said Arvind Ganesan, business and human rights director
at Human Rights Watch. "Guidance isn't enough - we need a mechanism to scrutinize how Arvind Ganesan, business and human rights
director at Human Rights Watch.
companies and governments apply these principles."
Human Rights Watch has documented a wide variety of business-related abuses around the
world. Examples from recent reports include gang rapes by mine security workers in Papua New Guinea, retaliation against workers
seeking to unionize in the United States, lead poisoning of children from factories in China, and hazardous child labor on tobacco farms
in Kazakhstan. While such practices would run afoul of the new Guiding Principles, the council's resolution fails to put in place a
process to prevent or respond to such abuses, Human Rights Watch said.
The council disregarded recommendations by dozens of civil society groups, including Human Rights Watch, that called for a strong
follow-up to Ruggie's work, with a mechanism to assess whether companies and governments had put the principles into operation.
Instead, the council decided to create a five-member working group, to be appointed in September 2011, to promote and disseminate the
Guiding Principles. It invited the group to consider options and make recommendations aimed at improving victims' access to remedies.
The council also decided it would create a new Forum on Business and Human Rights for governments, business, and others to meet
annually to take a broad look at how the guiding principles were being carried out. This was in line with the view of business
organizations, who opposed more scrutiny and strongly argued for a tepid forum. It is unclear how this forum differs from the UN
Global Compact, a modest effort to address corporate responsibility that began in 1999.
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"People suffering from abusive business practices need more than another talk shop about what companies should be doing," Ganesan
said. "If the commitment to these principles is real, why should companies and governments be afraid to review their implementation in
a meaningful way?"
The Human Rights Council's minimalist approach contrasts starkly with the action the same day by the International Labor
Organization to create a landmark new treaty protecting the rights of domestic workers, Human Rights Watch said.
The new ILO treaty contains detailed provisions requiring governments to regulate private employment agencies and investigate
complaints.
"The overwhelming majority of ILO members stood up for human rights despite the opposition of some businesses and governments,"
Ganesan said. "But council members unfortunately so far have failed to show real leadership to raise standards of corporate
accountability."
The Guiding Principles aim to provide "an authoritative global standard," and governments at the Human Rights Council described
them as "comprehensive recommendations." However, Human Rights Watch believes that the Guiding Principles are only a partial
answer and were never intended to stand on their own.
The principles were developed in response to a council request to Ruggie to "operationalize" - or translate into concrete terms - the UN
"Respect, Protect and Remedy" framework that he elaborated in 2008 and that the council endorsed.
That framework articulates three core concepts rooted in longstanding human rights principles: governments have a duty to protect
individuals and communities from human rights abuses, including in connection with business activity; businesses have a responsibility
to respect all rights; and victims should have greater access to remedy for abuses. Human Rights Watch has described the 2008 UN
Framework as providing a valuable point of reference.
The Guiding Principles outline partial steps to carry out the UN Framework, Human Rights Watch said. In January, 125 organizations,
including Human Rights Watch, jointly expressed concern that a draft version of the Guiding Principles was weaker in several respects
than prevailing human rights standards. Revisions to the text did not fully address the discrepancies. For example, the Guiding
Principles touch on access to justice for victims of corporate abuses but do not refer to the well-established international human right to
an effective remedy.
"After six years, the Human Rights Council fell far short of its potential on business and human rights," Ganesan said. "We hope that
governments will now think about strong measures to ensure that all companies live up to human rights standards."
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