Human rights and development: Difference between revisions

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Line 205: Around half of the wealthiest 100 entities in the world today are corporations not countries.<ref>{{cite web\|title=Top 175 Economic Entities\|url=http://dstevenwhite.com/2012/08/11/the-top-175-global-economic-entities-2011/}}</ref> with many organisations committing gross human rights violations from which they earn vast profits. Wars are inflamed through arms sales and corporations deal in [[conflict commodities]] like diamonds. Importantly the legal personality of corporations was established in the ''[[Barcelona Traction]]'' case. (1970)<ref>{{cite news\|title=Barcellona Light and Traction Company Ltd Case\|url=http://www.icj-cij.org/docket/files/50/5387.pdf\|deadurl=yes\|archiveurl=https://web.archive.org/web/20131017165556/http://www.icj-cij.org/docket/files/50/5387.pdf\|archivedate=2013-10-17\|df=}}</ref> In 2004 the UN Commission on Human Rights asked the OHCHR to compile a report on the responsibilities of [[transnational corporation]]s (TNCs) and following up on the report a Special Representative was appointed to look at the issues and to comment on the relationship of TNC's and other business enterprises. The Ruggie Reports from between 2005 -2011 present a conceptual and policy framework to help guide relevant actors comprising three core principles ''protect, respect and remedy''. It is the State duty to ''protect'' against human rights abuses by third parties, including business; whilst there is a corporate responsibility to ''respect'' human rights; and furthermore there is need for effective access to ''remedies.'' In 2011 The [[United Nations Guiding Principles on Business and Human Rights]] were annexed to the last report. States have the primary role in preventing and addressing corporate related human rights abuses under resolution 8/7<ref>{{cite web\|title=Resolution 8/7\|url=http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_8_7.pdf}}</ref> governments can support and strengthen market pressures on companies to respect rights whilst adequate reporting enables stakeholders to examine rights related performance. To fulfil the duty to protect states must regulate and adjudicate the acts of business enterprises. International Human rights treaties do not themselves create direct obligations for corporations but treaty bodies refer more directly to the role of states in specifically guarding against human rights violations by corporations. The more recent [[Convention on the Rights of Persons with Disabilities]] clearly provides that state parties have an obligation to take all appropriate measures to eliminate discrimination on the basis of disability by any person organization or private enterprise.<ref>{{cite web\|title=Convention on the Rights of Persons with Disabilities and Optional Protocol\|url=https://www.un.org/disabilities/documents/convention/convoptprot-e.pdf}}</ref> An unresolved legal issue in this regard is as to the extent of a State's jurisdiction, does a states obligation extend extra-territorially or internationally? Line 230: In ''Doe v Unocal'' a civil claim was brought under the ATCA alleging abuses on the part of an oil consortium and its security representatives which resulted in forced labour, murder, rape and torture of villages. The Court held that a reasonable person could conclude on the evidence that Uncol had aided and abetted the abuses committed by the Myanmar Military and court drew on the jurisprudence of the [[International Criminal Tribunal for the former Yugoslavia]] (ICTY) for its decision.<ref>{{cite book\|last=McBeth et all\|first=Adam\|title=The International Law of Human Rights\|year=2011\|publisher=Oxford University Press\|location=Oxford\|pages=626–628}}</ref> The [[International Criminal Court]] (ICC)<ref>{{cite web\|title=The International Criminal Court\|url=http://www.icc-cpi.int/EN_Menus/ICC/Pages/default.aspx\|deadurl=yes\|archiveurl=https://web.archive.org/web/20150821060843/http://www.icc-cpi.int/en_menus/icc/Pages/default.aspx\|archivedate=2015-08-21\|df=}}</ref> may hold individuals accountable for human rights abuses under the provision of its founding statute.<ref>{{cite web\|title=Rome Statute of the International Criminal Court\|url=http://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf}}</ref> it does not however have jurisdiction of corporations though individuals within corporations can be held to account. The Court has jurisdiction to try cases of genocide, crimes against humanity and war crimes where states with the domestic criminal jurisdiction are unwilling to carry out investigations. Where multinational corporations commit crimes on a scale that reach the level of the courts jurisdiction individuals responsible can then be held liable. ==See also== Line 260: * [http://www.icj-cij.org/homepage/index.php?lang=en The International Court of Justice] * [http://www.icc-cpi.int/ The International Criminal Court] * [https://web.archive.org/web/20140512234742/http://www.antislavery.org/english/ Anti Slavery International] * [http://www.ilo.org/global/lang--en/index.htm The International Labour Organization] * [https://www.amnesty.org/ Amnesty International]