Implementing the Norms

The Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights are to be implemented in the following ways:

  • Transnational Corporations and Other Business Enterprises shall:

    • Adopt, disseminate, and implement internal rules of operation in compliance with the Norms.

      • Update pre-existing company codes of conduct to conform to the standards in the Norms.

      • Disseminate their rules of operation and implementation procedures to relevant stakeholders, workers, trade unions, contractors, suppliers, and customers. Such rules are to be communicated both orally and in writing.

      • Provide training to managers and representatives in practices relevant to the Norms.

      • Ensure doing business with partners that also abide by these Norms or a substantially similar code of conduct.

      • Attempt to reform such practices of existing business partners that are not in accordance with the Norms.

      • Create effective mechanisms for intra-company accountability.

    • Enhance the transparency of business activities through timely disclosure of such activities, their structure, and performance.

    • Inform all persons, enterprises, etc. who are potentially affected by dangerous conditions produced by the transnational corporation or business enterprise.

    • Establish an ethics committee or officers to provide oversight, counseling, and promotion of the internal codes of conduct if resources allow.

    • Utilize employee incentives to promote accountability within the business.

    • Apply and incorporate the Norms into business contracts, arrangements, and dealings with all other parties.

    • Be subject to monitoring by national, governmental, international, and nongovernmental mechanisms regarding the application of the Norms.

    • Provide avenues for workers, NGOs, community members, and others to file complaints with regard to violations of these Norms.

      • Inform the complainant, when possible, as to any resulting actions.

      • Not discipline workers submitting complaints or having knowledge of such violations.

    • Make a record of all claims of Norms violations.

    • Ensure that businesses study the potential human rights impact of their projects prior to implementation.

      • Impact statements should include analysis of proposed actions that may have significant impact on human rights, a description of the actions, its anticipated benefits, an analysis of reasonable alternatives to the action, and the identification of methods to reduce any negative effects.

    • Conduct evaluations and create impact statements assessing the impact of activities on human rights.

    • Retain outside consultants on a confidential basis, or conduct self-assessments to determine compliance.

    • Obtain verification of such assessments through publication, auditing, and/or other outside evaluation.

    • Provide prompt, effective, and adequate reparations to those persons, entities, and communities adversely affected by failures to comply with the Norms.

  • Governments should:

    • Implement and monitor the use of the Norms.

      • Use the Norms as a model for legislation or administrative provisions.

    • Implement the Norms through the national courts.

      • Create quasi-judicial institutions, such as ombudspersons or special tribunals to ensure judicial protection and reparations for victims.

    • Encourage and request businesses to report regarding Norm compliance.

    • Encourage existing governmental procedures for assuring compliance of business enterprises with human rights standards, including labor inspections.

    • Create independent community procedures in addition to national procedures of implementation.

  • Non-Governmental Organization should:

    • Use the Norms as a basis for expectations for transnational corporations and other business enterprises.

    • Monitor compliance through utilizing the Norms as benchmarks for compliance.

  • Trade Unions should:

    • Use the Norms to negotiate agreements with transnational corporations and other business enterprises.

    • Monitor compliance of transnational corporations and other business enterprises.

  • Trade and Business Associations should:

    • Adopt or adapt the Norms as an industry code of conduct.

    • Create a system of labeling to identify products and services produced under standards in order to promote ethical purchasing patterns.

  • United Nations should:

    • Monitor implementation of the Norms by creating reporting requirements for States under human rights treaties.

      • Require that States report about the compliance of business enterprises within their respective treaty regimes.

    • Prepare country comments and recommendations on States' compliance with the Norms.

    • Utilize the Norms as a basis for human rights treaty bodies to draft general comments and recommendations relevant to the activities of business enterprises.

    • Monitor implementation (through country rapporteurs and thematic procedures of the U.N.) by using the Norms to raise concerns about actions by transnational corporations and other business enterprises within their respective mandates.

    • Consider establishing a group of experts or working group to receive complaints, permit business enterprises to respond, and take action when businesses fail to comply with the Norms.

      • Receive information from NGOs and others, and allow corporations to respond in order to facilitate the most effective compliance.

    • Use the Norms to develop UN procurement standards to determine which products and services should be purchased, and with which corporations to form partnerships.

    • Create a resource center to be used by businesses, governments, NGOs, and individuals to assist in disseminating the Norms within each aspect of a business enterprise's activities.

    • Establish an interactive website posting international human rights standards with regards to businesses, including the Norms and company codes of conduct.

      • Receive information on the website from individuals and organizations about business compliance with the Norms and relevant codes of conduct.

      • Provide businesses the opportunity to respond to such information received from other parties.

    • Develop additional techniques for implementation and monitoring.

  • The Sub-Commission's Working Group on the Working Methods and Activities of Transnational Corporations shall:

    • Receive information from governments, non-governmental organizations, business enterprises, individuals, groups of individuals, and other sources concerning the possible negative impact of the activities of transnational corporations and other business enterprises on human rights.

    • Receive information particularly affecting the implementation of the Norms of Responsibility of Transnational Corporations and Other Business Enterprises with Regard to Human Rights.

    • Invite, after receipt of any of the above-stated information, the transnational corporations or other business enterprise concerned, to provide whatever comments they may wish to provide within a reasonable time.

    • Study any submitted information and transmit comments and recommendations to the appropriate transnational corporations or other business enterprises, governments, and relevant NGOs or other sources of information.

    • Consider other methods to encourage full implementation of the Norms.