Following its review of the impact of business on human rights, the APFs Advisory Council of Jurists (ACJ) has made a series of recommendations on the practical steps that national human rights institutions can take to promote greater observance of human rights by business, including transnational corporations.

The ACJ notes that while the international community has had limited success in establishing binding international rules, much has been achieved through ‘soft law’ initiatives, such as the OECD Guidelines for Multinational Enterprises and the ILO Declaration of Principles for Multinational Enterprises.

In addition, voluntary initiatives developed by international organisations and business, such as the UN Global Compact and sector or issue specific ‘principles’ provide further guidance on the obligations of business with respect to human rights.  

With the proliferation of these developments, the ACJ suggests that NHRIs should use their core functions of monitoring, education, advocacy and complaint handling to promote corporate respect for human rights, and proposes a number of practical measures that NHRIs might consider, including:

• reviewing domestic legislation regarding the establishment and conduct of corporations, as well as reviewing existing grievance mechanisms to assess their effectiveness and accessibility
• monitoring and documenting violations of human rights by corporations, and supporting civil society in this work
• advocating to government to develop laws and regulations that meet international best practice in the prevention of human rights violations by corporations, including labour rights
• developing education programs to assist corporations and the wider business community understand their human rights obligations
• educating groups likely to be vulnerable to human rights violations by corporations on their rights and the available remedies, and
• using their complaints mechanisms, and the outcomes of complaints and inquiries, to monitor the conduct of corporations.

The ACJ also makes recommendations for NHRIs to promote these issues at the international level, as well as developing cooperative arrangements with other NHRIs in the region on issues of shared concern, such as the rights of migrant or undocumented workers.

The reference on Human Rights, Government Responsibility and Business Accountability was considered by the 12-member ACJ during the APF’s 13th Annual Meeting, held in Malaysia in July 2008.

A Report, which provides a concise response to the terms of reference, and a Supplementary Paper, which provides more detailed information and examples, will be available on the APF website shortly.

The ACJ has considered seven previous references on key human rights issues in the Asia Pacific region: environment (2007), education (2006); torture (2005); anti-terrorism legislation and the rule of law (2004); trafficking of women and children (2002); the death penalty (2000); and child pornography on the internet (2000).

Find out more

• Human Rights, Government Responsibility and Business Accountability: Recommendations  of the Advisory Council of Jurists
• Business and Human Rights Resource Centre
• Business and human rights: Towards operationalizing the ‘protect, respect and remedy’ framework: Report of the Special Representative on the issue of human rights and transnational corporations (11th Session of the Human Rights Council, June 2009)