Documenting and Challenging Human Rights Abuses by Business Actors

The ESCR-Net Corporate Accountability Working Group has been highlighting and publishing cases of human rights abuses involving business actors, through its associated listserv, at public events like the World Social Forum and the Commission on Human Rights, and through its publications. The Working Group has also assisted communities and grassroots groups facing ongoing threats to their human rights, by connecting groups to one another, providing informational and advocacy resources, and facilitating solidarity actions through its listserv.

 

As part of their ongoing effort to highlight human rights abuses in the cooperate sector, the Corporate Accountability Working Group launched the Business and Human Rights Documentation (B-HRD) Project with the Center for Human Rights and Global Justice at NYU School of Law on June 28, 2011. This Project systematically documents, monitors and challenges alleged cases of human rights abuses involving corporations across different regions and business sectors. In order to strengthen capacity in monitoring and documentation, the Working Group is also developing a project to facilitate mutual-learning and peer-to-peer training sessions amongst members.

 

Additionally, in 2008, ESCR-Net presented its Collective Report on Business & Human Rights in person to a large number of government delegations at the Human Right Council. Prepared in collaboration with 40 civil society organizations around the world, this Collective Report surveys 159 cases of alleged human rights violations by, or involving, companies in order to illuminate the scope of these incidents, analyze existing gaps in the protection of human rights in the context of business, and offer recommendations to the United Nations on how to strengthen business accountability to human rights. Envisioned as a space to offer testimony of the actual impacts that business conduct has on the human rights of individuals, communities and indigenous peoples, the report reasserts in qualitative terms that business impacts on fundamental rights are widespread. That is, they are not limited to certain countries or regions, nor do they occur only within certain sectors or affect only certain rights. In the surveyed cases from 66 countries, business enterprises have had significant negative impacts upon the enjoyment of all types of human rights, in different political systems, around the world and across industries. The report concludes by calling on the UN to establish a broader follow-on mandate on business and human rights, ensure consultation with adversely affected individuals, communities and indigenous people, initiate an inter-governmental process for the adoption of global standards on business and human rights, intensify efforts to strengthen redress and accountability and enhance accountability and capacity of governments to fulfill their obligation to protect. The Working Group periodically undertakes or supports urgent actions to challenge violations of human rights involving corporations. For instance, the Movement for the Survival of the Ogoni People (MOSOP), another Member of ESCR-Net, has actively utilized the Network, posting updates through Discussion Groups on the human rights situation in the Niger Delta and engaging with Working Groups on issues related to social movements, indigenous rights, and the extractive industry.  To support the efforts of MOSOP, ESCR-Net has hosted strategic discussions of NGOs working on corporate accountability with representatives of MOSOP and undertaken a joint Solidarity Action with MOSOP challenging evictions and demolitions being carried out in AGIP Waterside, Port Harcourt, Nigeria by the Rivers State Government.

 

As a further example of the Working Groups accomplishments, Centro de Derechos Humanos y Ambiente (Argentina) requested information regarding a potential campaign on human rights and mining.  An overwhelming number of responses and an ongoing discussion led ESCR-Net and its members to co-facilitate a series of World Social Forum events with mines, minerals & People and their partners to explore the human right impacts of mining and possible advocacy channels in 2004.  Subsequently, over 20 groups contributed documentation and input to an ESCR-Net Joint NGO Submission on Human Rights and the Extractive Industry to the UN Special Representative on Human Rights and Business.