The issue of what responsibilities companies should or do have in the area of human rights is ongoing. The IOE continues to promote the view that human rights are, and must remain, the responsibility of government and must not be “privatised” by shifting those responsibilities onto companies. If there are gaps in the law, then national governments should be encouraged and supported in closing them at national level.
The IOE supports the use of the definition for human rights contained in the the Universal Declaration of Human Rights in order to avoid every “right” claimed, defined as a human right. Governments at national level are responsible for meeting their commitments under international human rights treaties through the elaboration of national law that should apply to all actors in society.
It is inappropriate to single out MNEs and supply chain companies in the respect for human rights, since human rights responsibilities apply to all individuals and societal actors – not just some. MNEs are not all publicly-listed, large western style developed country businesses. Increasingly small- and medium-sized enterprises in developing countries are spreading their operations across borders which, by definition, would also make them multinationals. These MNEs, however, do not have capacity or resources to fulfil the obligations that many would see imposed on them. Evidence shows that MNEs act in accordance with the law and that human rights breaches are most often a failure of Government.
Initiatives by companies through CSR mechanisms that are voluntarily entered into are no replacement for national law and regulation on human rights. Business should be encouraged to do what it can based on its individual capacity. The fact that such action is voluntary should not be seen as problematic or, in any way, unsatisfactory. Business already has a large range of tools to guide its CSR actions on human rights, e.g. Universal Declaration on Human Rights, OECD Guidelines, ILO MNE Declaration and Declaration on Fundamental Principles and Rights at Work, Global Compact, etc. Further instruments are not necessary.
The international responsibility for the development of human rights standards should not overlap. The ILO is, and must remain, the forum for the elaboration and enforcement of international labour standards. The IOE will continue to communicate the views of business at the international level and represent its views in the ongoing debate.
