Business and Human Rights

Work of Special Representative: Guiding Principles on Business and Human Rights in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): In June 2011, at the United Nations Human Rights Council's 17th Session, the United States worked with the Government of Norway to pass a resolution that welcomed the work of the Special Representative of the Secretary General on the issue of human rights and transnational corporations and other business enterprises, Professor John Ruggie of Harvard University. U.N. Doc. A/HRC/RES/17/4. Professor Ruggie developed the Guiding Principles on Business and Human Rights and built support for them among governments, corporations, and civil society stakeholders. The resolution created a working group of five independent experts and established a forum on business and human rights to discuss trends and challenges in implementing the Guiding Principles. The June 16, 2011 statement of Daniel Baer, Deputy Assistant Secretary of State for Democracy, Human Rights and Labor, on the resolution and the Guiding Principles is set forth below and available at (internet link) geneva.usmission.gov/2011/06/16/humanrightsandtransnationalcorps/.

Developments

The United States is pleased to cosponsor this resolution. The United States would like to thank and congratulate the Special Representative for the important progress he has made on this challenging issue, and express the U.S. support and commitment to working to make the vision of the Guiding Principles a reality where it matters most—on the ground for people and businesses. As the culmination of several years of work, the Guiding Principles provide a focal point for corporations, States, civil society and other actors as they work to strengthen their respective approaches to the issue of business and human rights.

In highlighting the importance of the Guiding Principles, we also want to take this opportunity to emphasize the essential foundation of the human rights system that remains an important backdrop for the Special Representative's work, namely, State obligations under human rights law with respect to their own conduct. In States that violate human rights, it will be more difficult for businesses to respect those rights—because domestic law may require actions inconsistent with internationally recognized human rights, because State practices encourage businesses to take actions that undermine the enjoyment of human rights, or because States involve businesses in their own human rights violations. In contrast, States that respect human rights pursuant to their international legal obligations are more likely to create environments in which businesses are less likely to take actions that might undermine the enjoyment of human rights.

Details

As the Guiding Principles remind us, it is important for States to govern justly and effectively, such that individuals are protected not only from misconduct by the State but also from non-State actors, including business enterprises. the U.S. conviction regarding the State “duty to protect” is grounded in States' moral and political imperative to engage in good governance, including by addressing properly acts of abuse by private actors. International human rights law tells us that, in certain circumstances, a State's obligations can be implicated by private conduct, but we also have a solemn imperative as governments to provide for and improve the well-being of the U.S. populations, even where the U.S. obligations under international law do not require it.

While recognizing that the Guiding Principles themselves touch on certain unsettled issues that arise in a broader context, the United States believes that the Guiding Principles provide a valuable, important and complete framework for working through a wide range of challenges. We look forward to continuing to work with all stakeholders on their implementation with an eye to the U.S. ultimate goal: Improving the lives of people around the world.