AT A GLANCE

Comparing the:

Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights

with the

International Labor Organization Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy

Attribute

Norms

Tripartite Declaration[1]

Purpose:

-> Provide soft law norms for transnational corporations (TNCs)[2] and other business enterprises[3] to promote and protect human rights on an international scale. These Norms may be viewed as a basis for the potential development of a treaty, establishing and confirming the rudimentary obligation of States, individuals and corporations to respect, ensure respect for, prevent abuses of, and promote human rights.

-> Promotes the voluntary adoption of principles for multinational enterprises (MNEs)[4] to make positive contributions to economic and social progress, and to minimize and resolve the difficulties to which their various operations may give rise. Based primarily on the ILO Conventions and Recommendations, these principles serve as guidelines for employment, training, conditions of work and life, and industrial relations.

Scope:

 

 

Who: TNCs, all other business enterprises and their officers.

 

What:

->Both documents address work conditions, discrimination, free association of workers, and adequate wages.

 

->The Norms additionally addresses the right to security of persons, general human rights obligations (respecting, promoting, and preventing human rights abuse), child labor issues, consumer protection, anti-corruption, national sovereignty and environmental concern. While the Norms are not as detailed in its employment provisions, it covers a broader range of TNC and business enterprise activity, beyond employment and work relations.

Who: Governments of States, Members to the ILO, employers' and workers' organizations and MNEs.

What:

->Both documents address work conditions, discrimination, free association of workers and adequate wages.

 

->The TripartiteDeclarationis meant specifically to address issues of work relations, including: employment promotion, employment security, vocational training and guidance strategies, consultation between all parties as to matters of mutual concern, industrial dispute settlement, and grievances. It focuses on employment and work conditions and provides detailed provisions in these areas, rather than very broad principles across a variety of subjects.

Implementation:

 

Document Status:

-> The Norms are to be viewed as soft law norms, beginning as recommendations, and later building as the basis of a possible treaty; differing from a company code of conduct that might be changed or altered easily. Intended to establish soft law, the Norms interpret human rights obligations. The Norms also set forth basic implementation approaches.

 

Specific Methods/Techniques:

->TNCs and business enterprises: are to adopt, disseminate and implement internal rules of operation in compliance with the Norms. They must also perform self-evaluations, record claims of Norm violations, incorporate the principles into contracts with their business partners, and provide reparations to those negatively affected.

 

 

 

->Governments: should implement the Norms by using them as a model for legislation or administrative provisions for enterprises acting in their country, perform monitoring including labor inspections, and utilize their national courts for determining responsibility for violations.

 

 

->U.N.: should monitor implementation of the Norms by creating State reporting requirements and additional implementation techniques, by receiving complaints and giving businesses opportunities to reply, by possibly engaging a group of experts to take action for failure to comply, and by raising concerns about continued human rights abuse by TNCs and business enterprises. In addition, the U.N. may use the Norms to develop procurement standards.

 

->NGOs: perform monitoring and reporting on the efforts and potential violations of the Norms.

 

-> The Sub-Commission’s Working Group on the Working Methods and Activities of Transnational Corporations: receive information concerning the possible negative impact of the activities of TNCs and other business enterprises on human rights, and particularly affecting the implementation of the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights. The Working Group will invite any TNCs or other business enterprises concerned, to provide whatever comments they may wish to provide within a reasonable time. In addition, the Working Group shall study submitted information and transmit comments and recommendations to the appropriate parties. Finally, the Working Group will also consider other methods to encourage full implementation of the Norms.

Document Status:

-> The Tripartite Declaration is a set of voluntary principles and recommendations intended to guide MNEs into adopting them and similar social policies. These guidelines are implemented within the ILO member states.

 

 

 

 

Specific Methods/Techniques:

->MNEs: are to account for national policy objectives and to act in harmony with those development priorities. They should endeavor to increase employment opportunities and standards, and be willing to consult with other MNEs, governments, and labor associations. They should also cooperate with international organizations to adopt health and safety standards whenever possible.

 

->Governments: are to promote good practice regarding social policy, labor law, and regulations- both nationally and internationally. They are to respect the Universal Declaration of Human Rights and the International Covenants adopted by the General Assembly of the United Nations, in addition to the ILO Constitution. They are to participate in consultations with other governments if the need arises.

 

->ILO Subcommittee on MNEs: are to promote dialogue and facilitate the exchange of practical experiences of implementation by MNEs, governments, and workers through forums. They are to utilize surveys to request data and reports from MNEs etc. in order to draw better conclusions, examine policies and measures, and to give effect to suggestions and changes. The Subcommittee also provides interpretation opinions based on specific requests for clarification. It receives each request for clarification, and depending on approval from the Officers of the Subcommittee, will issue and publish a corresponding interpretation.[5]

 

 

 

Source:

 

 

->Drafting:

In 1999, the Working Group on the Working Methods and Activities of TNCs started developing the Norms based on human rights standards. The Working Group prepared a preliminary draft, and with each new draft thereafter, they sought and incorporated comments from businesses, NGOs, unions, and others. Throughout the entire drafting process, the Working Group has continually sought and accepted outside perspectives and comments, including posting the drafts on the internet to ensure full accessibility and comments from all interested parties. The Working Group currently seeks additional comments, as it expects to submit a draft to the Sub-Commission in July/August 2003.

-> Originating Documents:

The Norms rely heavily upon the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; and the International Covenant on Economic, Social and Cultural Rights. It also takes into account the International Labor Organization (ILO) Tripartite Declaration of Principles Concerning MNEs and Social Policy, the ILO Declaration on Fundamental Principles and the Rights at Work, the OECD Guidelines, and the U.N. Global Compact in addition to many other influential international legal documents.[6]

 

The Norms reflect the binding norms within these documents, but incorporate the most commonly used provisions in the less binding documents as well.

->Drafting:

The ILO convened the Tripartite Meeting of Experts on the Relationship between Multinational Enterprises and Social Policy in 1972, and recommended an ILO research and study program regarding labor and social policy. Then later, in 1976, an Advisory Meeting convened to review the study and to suggest how the ILO could take action. The group decided to establish a group to prepare the Draft Tripartite Declaration of Principles which would cover all social aspects of MNE activities, including employment. The Advisory Meeting was reconvened and the Draft was adopted by the Governing Body of the ILO in 1977, during its 204^th Session.

 

 

 

->Originating Documents:

The Tripartite Declaration is primarily based on ILO Conventions and Recommendations, but it also considers the deliberations of the World Employment Conference, the acts of the U.N. Commission on TNCs, and the Organization for Economic Cooperation and Development. Over time and with additional re-drafting, it has incorporated newly relevant ILO Conventions and Recommendations after its original passage.