RES/8/7 Mandate of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises

Human Rights Council

Resolution 8/7. Mandate of the Special Representative of the Secretary- General on the issue of human rights and transnational corporations and other business enterprises

The Human Rights Council,

Recalling Commission on Human Rights resolution 2005/69 of 20 April 2005 on

the responsibilities of transnational corporations and related business enterprises with

regard to human rights,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March

2006,

Recalling Council resolutions 5/1 on institution-building of the Human Rights

Council and 5/2 on the code of conduct for special procedures mandate-holders of the

Council of 18 June 2007, and stressing that the mandate-holder shall discharge his/her

duties in accordance with those resolutions and the annexes thereto,

Stressing that the obligation and the primary responsibility to promote and protect

human rights and fundamental freedoms lie with the State,

Emphasizing that transnational corporations and other business enterprises have a

responsibility to respect human rights,

Recognizing that proper regulation, including through national legislation, of

transnational corporations and other business enterprises, and their responsible operation

can contribute to the promotion, protection and fulfilment of and respect for human rights

and assist in channeling the benefits of business towards contributing to the enjoyment of

human rights and fundamental freedoms,

Concerned that weak national legislation and implementation cannot effectively

mitigate the negative impact of globalization on vulnerable economies, fully realize the

benefits of globalization or derive maximally the benefits of activities of transnational

corporations and other business enterprises and that therefore efforts to bridge

governance gaps at the national, regional and international levels are necessary,

1. Welcomes the reports of the Special Representative and in particular the

identification, through the process of consultations, studies and analysis, of a framework

based on three overarching principles of the State duty to protect all human rights from

abuses by, or involving, transnational corporations and other business enterprises, the

corporate responsibility to respect all human rights, and the need for access to effective

remedies, including through appropriate judicial or non-judicial mechanisms;

2. Recognizes the need to operationalize this framework with a view to

providing more effective protection to individuals and communities against human rights

abuses by, or involving, transnational corporations and other business enterprises, and to

contribute to the consolidation of existing relevant norms and standards and any future

initiatives, such as a relevant, comprehensive international framework,

3. Welcomes the broad range of activities undertaken by the Special

Representative in the fulfilment of his mandate, including in particular the

comprehensive, transparent and inclusive consultations conducted with relevant and

interested actors in all regions;

4. Decides to extend the mandate of the Special Representative of the

Secretary-General on the issue of human rights and transnational corporations and other

business enterprises for a period of three years, and requests the Special Representative:

(a) To provide views and concrete and practical recommendations on ways to

strengthen the fulfilment of the duty of the State to protect all human rights from abuses

by or involving transnational corporations and other business enterprises, including

through international cooperation;

(b) To elaborate further on the scope and content of the corporate

responsibility to respect all human rights and to provide concrete guidance to business

and other stakeholders;

(c) To explore options and make recommendations, at the national, regional

and international level, for enhancing access to effective remedies available to those

whose human rights are impacted by corporate activities;

(d) To integrate a gender perspective throughout his work and to give special

attention to persons belonging to vulnerable groups, in particular children;

(e) Identify, exchange and promote best practices and lessons learned on the

issue of transnational corporations and other business enterprises, in coordination with

the efforts of the human rights working group of the Global Compact;

(f) To work in close coordination with United Nations and other relevant

international bodies, offices, departments and specialized agencies, and in particular with

other special procedures of the Council;

(g) To promote the framework and to continue to consult on the issues

covered by the mandate on an ongoing basis with all stakeholders, including States,

national human rights institutions, international and regional organizations, transnational

corporations and other business enterprises, and civil society, including academics,

employers’ organizations, workers’ organizations, indigenous and other affected

communities and non-governmental organizations, including through joint meetings;

(h) To report annually to the Council and the General Assembly;

5. Encourages all Governments, relevant United Nations agencies, funds

and programmes, treaty bodies, civil society actors, including non-governmental

organizations, as well as the private sector to cooperate fully with the Special

Representative in the fulfilment of his mandate, inter alia, through the submission of

comments and suggestions on the issues related to his mandate;

6. Requests the Office of the United Nations High Commissioner for

Human Rights to organize, within the framework of the Council, a two-day consultation

bringing together the Special Representative of the Secretary-General, States, business

representatives and all relevant stakeholders, including non-governmental organizations

and representatives of victims of corporate abuse, in order to discuss ways and means to

operationalize the framework, and to submit a report on the meeting to the Council, in

accordance with its programme of work;

7. Invites international and regional organizations to seek the views of the

Special Representative when formulating or developing relevant policies and instruments,

8. Requests the Secretary-General and the High Commissioner for Human

Rights to provide all the necessary assistance to the Special Representative for the

effective fulfilment of his mandate;

9. Decides to continue consideration of this question in conformity with the

annual programme of work of the Council.

28th meeting 18 June 2008

[Adopted without a vote.]