The value of the Norms lies in providing coherence to a disparate set of human rights obligations of non-state economic actors presently found in various international law instruments, voluntary standards, and company codes. For instance, they incorporate the minimum labour standards embodied in documents such as the Universal Declaration of Human Rights, the Convention on the Rights of the Child, and the ILO Declaration of Fundamental Principles of Rights at Work. The Norms do not create new legal obligations, but simply codify and distil existing obligations under international law as they apply to companies.
The UN Norms do not attempt to circumvent or undermine the responsibilities of governments to enforce existing human rights laws. In fact, they state at the outset that “States have the primary responsibility to respect, ensure respect for, prevent abuses of, and promote human rights recognized in international as well as national law.” Nor do the Norms attempt to impose responsibilities on businesses which are not appropriate to them.
Instead they clearly state that companies have only responsibilities “within their respective spheres of activity and influence.” Indeed the entire thrust of the Norms is to encourage the development of stable environments for investment and business, regulated by the rule of law, in which contracts are honoured, corruption reduced, and where business enterprises, both foreign and domestic, have clearly defined rights and responsibilities.
We believe that it is critically important at this stage to avoid a rushed decision on the UN Norms on the basis of inadequate or insufficient information. The UN Norms deserve a chance to be more carefully studied by the Commission on Human Rights, governments and the business community before any action is taken. We therefore urge Delegations at the Commission on Human Rights not to take actions that could undermine the Norms at this session.
The NGO community and the members of civil society (full list below) will consider any attempt to act against the Norms — including sending the Norms back to the Sub-Commission — to be detrimental to the notion of corporate accountability.