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Category: Analysis

The Human Rights Council just adopted a

resolution presented by Ecuador and South Africa that establishes an

intergovernmental working group with the mandate of developing an

international legally binding instrument to regulate the activities of

transnational corporations.

“This is a historic decision that can potentially contribute to end

the impunity that transnational corporations too often enjoy for the

human rights violations committed, in particular in developing

countries, and ensure access to justice for the victims of their

activities”, said Melik Özden, Director of the Europe-Third World

Centre (CETIM), an organization based in Geneva that has been fighting

for many years for new binding norms.

 

The western countries have attempted till the last minute to oppose

this resolution using all means available to pressure other member

states of the Human Rights Council. The vote was requested by the US

delegation. The resolution was finally adopted by 20 votes in favor,

14 against and 13 abstentions. All western states members of the Human

Rights Council voted against the resolution. The great majority of

developing countries, including most of African states as well as

China, India and Russia, voted in favor.

 

“We can only regret the non-constructive attitude ow western countries

that choose too privilege the interests of transnational corporations

over the protection of human rights”, added M. Özden. “They have also

already announced that they will not participate in the work of the

intergovernmental working group.”

 

The working group will held its first session in 2015 to define the

elements, the scope, the nature and the form of the future

international instrument. “This is only the beginning of the process,

but that represents already a big victory for the peoples of the

world, and in particular for the victims in developing countries, that

have been demanding binding norms to end corporate impunity since many

years”, highlighted M. Özden.

 

While TNCs have a number of binding laws, mechanisms and instruments

available to defend their interests, only voluntary codes of conducts

and soft laws exist to control their impacts on human rights and

ensure access to justice for the victims of their activities. “It was

time for the Human Rights Council to act to correct this asymmetry in

the international system that affects primarily the poorest and

weakest countries”, said M. Özden

 

Since several months hundreds of civil society organizations and

social movements in the Global North as in the Global South are

mobilizing to support this initiative. A number of them gathered in

Geneva for a week of mobilization from 23 to 27 June. Many delegates

from the Global South and representatives of the victims came to

demand new binding norms to end corporate impunity. The CETIM has been

strongly involved together with the Global campaign to dismantle

corporate power and stop impunity. The cases of  Chevron in Ecuador,

Coca Cola in Colombia, Shell in Nigeria, Glencore-Xstrata in the

Philippines, and Oceana Gold in El Salvador, among others, have been

presented to demonstrate the need for a new international instrument

 

“In 60 years of oil exploitation in the Niger Delta, local communities

have known no rest”, said Godwin Ojo, of Friends of the Earth Nigeria.

“Shell has systematically violated human rights and destroyed the

environment as well as the livelihoods of communities but neither

international campaigns nor national laws and regulation agencies have

been able to end those practices. This level of impunity demonstrate

the need for a binding international instrument that forces TNCs to

respect human rights.”

 

“In 26 years of oil exploitation in the Ecuadorian amazon, Chevron

has polluted more than 450’000 hectares of one of the planet's richest

biodiversity regions, destroying the living and subsistence of its

inhabitants” explained Pablo Fajardo, defensor and representative of

the victims of Chevron in Ecuador. “And after 21 years of litigation

and in spite of a sentence of the Ecuadorian justice, Chevron still

refuses to pay. And in the meanwhile, the victims of its activities in

Ecuador are still waiting for justice and compensation”, he added.

“Voluntary codes of conduct have clearly shown their limits, only a

binding international instrument can end the impunity of TNCs.”

 

“Dozens of union leaders are murdered each year in Colombia with

complete impunity” said Javier Correa, president of the union

Sinaltrainal in Colombia. “In the case of Sinaltrainal, 23 of our

affiliates working for Coca Cola or Nestlé have been murdered in the

past years. And those TNCs use complex schemes of subsidiaries,

subcontractors and franchises to escape justice. The Colombian justice

is not doing its job and courts in the US and Switzerland, where those

two TNCs have their headquarters, refuse to hear the cases”, he added.

“Only binding international norms will enable us to hold TNCs

accountable for their crimes in Colombia”.

 

The journey will still be long but today, and after nearly 40 years of

discussions and failed attempts at the United Nations, the process is

finally launched! The CETIM would like to congratulate the governments

of Ecuador and South Africa for their leadership, as well as all other

states that voted in favor of that resolution in spite of the numerous

pressures received.

 

Contact: Laurent Gaberell, CETIM, This email address is being protected from spambots. You need JavaScript enabled to view it., 076 379 39 21

 

See also enclosed the press release of the Global campaign to

dismantle corporate power and stop impunity.

 

For more information see the CETIM's newsletter n° 47 and n°43, the

Critical report n°10 and the Booklet n°2.

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