Dear friends,

As you may know, for many years, the Europe-Third World Centre (CETIM) and the American Association of Jurists (AAJ) are engaged in reflections and activities on the legal supervision of transnational corporations (TNCs) at the international level in order to prevent and, if need be, to sanction human rights violations committed by TNCs (for more information, see our websites www.cetim.ch et www.aaj.org.br). This year, the Commission on Human Rights (CHR) decided to consult States and NGOs about the “Draft norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights”, adopted in August 2003 by the Sub-Commission for the Promotion and the Protection of Human Rights (cf. E/CN.4/Sub.2/2003/12/Rev.2). We pass on to you (see attachment) a statement that we made as a response to this consultation, for it is very important that NGOs and social movements mobilize on this issue to counter pressures the International Chamber of Trade and the International Organization of Employers exert over States. Indeed, if the CHR postponed the examination of TNCs’ responsibilities with regard to human rights until next year, it is precisely due to pressure from TNCs, which produced a 42 pages document against the aforementioned draft.

That is why we ask you -if you agree with the content of our attached statement- to sign it, to spread it widely and pass it on to your network in order to get the maximum possible support, and to send us your reply before Friday 6th of August.

Counting on your collective support, we send you, dear friends, our warmest regards.

For the CETIM                                     For the AAJ
Florian Rochat, Director                  Alejandro Teitelbaum, Permanent representative at the UN in Geneva


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DECLARATION REGARDING THE DRAFT NORMS ON THE RESPONSIBILITIES OF TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES WITH REGARD TO HUMAN RIGHTS

During its sixtieth session (15 March to 23 April 2004), the Commission on Human Rights (CHR) requested the High Commissioner for Human Rights to organize a consultation regarding the document Draft Norms on the Responsibilities of Transnational Corporations and other Business Enterprises with Regard to Human Rights adopted by the United Nations Sub-Commission for the Promotion and Protection of Human Rights (SCHR) in August 2003.

In response to this request, we, the undersigned movements and organizations, declare the following:

- We commend the initiative of the SCHR for having, finally, tackled the problem of the working methods of transnational corporations (TNCs), which today constitute one of the primary causes, direct or indirect, of human rights violations and of the regression of basic social, political economic and environmental rights.

- We approve without reservation the willingness of the SCHR to impose on TNCs an international legal framework in order to monitor their activities and to sanction the violations which such activities might give rise to.

- We recall, along with the SCHR, that norms of international law in the area of human and environmental rights listed in the draft are already applicable to TNCs, as they are to all other business enterprises and all other individuals. Moreover, we have pointed out that the problem is not a lack of norms – for such norms exist already – but a lack of ability or willingness on the part of governments to enforce them. To this must be added the insufficiency, indeed the inexistence, of international jurisdictional mechanisms that might adequately compensate for such inability or unwillingness.

- Consequently, we call upon the High Commissioner to support the initiative of the SCHR in order that it may succeed, and we enjoin our governments, in particular those of countries currently members of the CHR, to examine in a positive light this draft document, which will constitute, once the necessary improvements introduced, an important progress towards the legal and social control of TNCs’ activities.

The improvements that we recommend appertain to three important points that, in the present text, are treated in an unsatisfactory manner :

1. The responsibility to be attributed to TNCs for the overall process of production, distribution and marketing that they effectively control, in particular the jointly shared responsibility of TNCs with all their suppliers, sub-contractors and licensees, in so far as it is here a matter of a single economic process under their direction. It is known that TNCs have acquired the “art” of being simultaneously everywhere and nowhere, of externalizing costs and risks while retaining the profits. The practical application of this acknowledged legal principle would permit victims to demand reparation either of all those responsible or of those of the victims’ choice and convenience, in function of the targeted TNCs’ profitability and other criteria.

2. The introduction of the individual civil and criminal responsibility of the directors of TNCs, to wit those who make decisions of a strategic order, as owners, managers or members of the board of directors. It is known that in the case of violations and trials, it is the executors, middle-level managers or workers, who are sanctioned – if, indeed, there is any sanction at all! – as the chain of command leading to the incriminating actions is, for the most part, discreetly broken, camouflaged or hidden.

3. Monitoring measures. This is one of greatest shortcomings of the project. A considerable amount of work must yet be undertaken to sketch out compulsory enforcement mechanisms that are really effective, especially at the international level.

Thus, we call also upon governments and upon UN bodies, in conformity with the duty to promote human rights above all other considerations, to dare to confront collectively the pressure of these corporations in order not only to make this project succeed but also to improve it.

Given the claims of transnational corporations that go on acting in spite of and outside the law, it is up to the governments and the relevant UN bodies to show determination in the accomplishment of their mandates and their obligation to defend democracy and human rights.

The abandonment or the indeterminate postponement of the draft study will be considered as the abdication of the United Nations Commission on Human Rights and the governments in view of the arrogance of the international economic power.


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