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SN: 2278-5=
264 (Online) 2321=
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19 (Print)
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Im=
pact Factor: 6.=
28 (=
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ndex Copernicus
International)
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Volume=
-V, Issue-II,
October 2016, Page No. 56-71
Publish=
ed by Dept.
of Bengali, Karimganj College, Karimganj,
Assam, India<=
span
style=3D'font-family:"Cambria","serif";mso-fareast-font-family:"Times New R=
oman";
mso-bidi-font-family:Cambria;mso-bidi-language:BN-BD'>
Website: http://www.thecho.in
Human Rights in Business-A Review
Mrs. Manashi Mazumdar
Research Scholar, Dept. of Management, Assam Down Town
University, Ghy, Assam, India
Abstract
=
In this pa=
per an
attempt has been made to provide an overview of human rights issues in
business. In particular, it focuses on emerging global framework
for business and human rights. The growing reach and impact of
business enterprises have given rise to a debate about the roles and
responsibilities of such actors with regard to human rights. Business is a =
part
of society which provides goods and services for the overall welfare of the
society. In doing so every business is to maintain the human rights so that,
human and social welfare can properly take place and only by virtue of appl=
ying
all necessary norms and conditions of human rights, the business community =
can
survive in the society as an essential part in real sense. In this regard <=
/span>this paper will bring forth the
responsiveness of business towards human welfare. Further it will also
highlight why human rights is matter to business,
position of business and human rights in India as well as international lev=
el
and various
regulatory provisions available in India for protection of human rights thr=
ough
business.
=
Key Words:
Human Rights, Business responsibility, Global framework, Indian context,
Different acts.
=
=
1. Introduction: Business
is a part of society which provides goods and services for the overall welf=
are
of the society. In doing so every
business is to maintain the human rights so that, human and social welfare =
can
properly take place and only by virtue of applying all necessary norms and
Conditions of human rights, the business community can survive in the socie=
ty
as an essential part in real sense. As the retail or
manufacturing company’s operations can have positive or negative impact on the human rights of employees, customers, suppliers and the=
ir
employees, business partners, and local communities wherever they operate, so there are hardly any human rights that are not relevant to the sect=
or. Moreover
integrating human rights into business practice is important for managing
business risks and creating new opportunities in the manufacturing sectors.=
Keeping in view the above facts this paper aims to provide=
an
overview of human rights issues in business and focuses on emerging global framework for business and human rights.
=
=
2. Human Rights and Business: Human rights are those fundamental m=
oral
rights of the person that are necessary for a life with human dignity. These
rights are essential for the adequate development of human personality and =
for
human happiness. Human rights include all rights that should be enjoyed by
every individual irrespective of class, gender, age, caste, religion, langu=
age,
creed, status and beliefs. It includes right to life, right to adequate foo=
d,
right to shelter, right to clothes, right to pollution free air, right to n=
oise
free surroundings, right to have safe drinking water, right to vote, right =
to
participate in all social, economic and political activities, right to embr=
ace
any religion, right to speak and so on.
=
=
Section 2 (d) of the Prote=
ction
of Human Rights Act, 1993 (“Human Rights Act”) defines “human rights” as
“rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants a=
nd
enforceable by courts in India.” “International Covenants” have been further
defined as the International Covenant on Civil and Political Rights, 1966 a=
nd
the International Covenant on Economic, Social and Cultural Rights, 1966 and
such other Covenant or Convention adopted by the General Assembly of the Un=
ited
Nations as the Central Government may, by notification, specify.
On the other hand business is an eco=
nomic
activity, which is related with continuous and regular production and
distribution of goods and services for satisfying human wants. Therefore it=
is
the duty of every business enterprises to make respect for human rights and
also needed to be aware of the harms that activities could create and take
steps to deal with them.
3.
Review of Literature: A number of research studies have been undertake=
n on
human rights at the global level and in India. Some studies dealt on
methodological issues and some on empirical analysis. The researcher has tr=
ied
to review the following:
Ruggie (2007) has stated in his report that the issue of human rights a=
nd
transnational corporations and other business enterprises and treaty body
commentaries from the past decade show a trend towards increasing pressure =
on
States to fulfil this duty in relation to corporate activities, regardless =
of
whether the entities operate within a single country or transnational, and
whether they are privately or publicly owned.
Robinson (20=
08) has discu=
ssed
in his report about corporate due diligence
requirements under Australian law. He argued that the regulation of project=
and
infrastructure development and of the public sector decision making on
corporate activity indirectly impose a corporate duty to respect human righ=
t.
=
=
Wouters & Chanet (2=
008)
examined the effectiveness of Europe’s CSR policy with
regard to human rights. According to them public authorit=
ies
should create a framework which mu=
st
include enabling measures for ensuring that corporations respect human righ=
ts
and at the same time regulatory measures must be provided to address the wo=
rst
cases of human rights violations. They further argued that European Union’s
approach to corporate human rights responsibility has far largely failed for
ensuring human rights compliance by all corporations.
=
=
Research conducted by the =
SRSG
(2008) shows that corporate conduct can impact on the full range of human
rights, including civil and political rights, economic, social and cultural
rights, and labour rights.
In this era of open global market ec=
onomy,
hazardous industries are playing a decisive role in the economic development
and in the advancement of the economy, but simultaneously they are causing =
the
problem of risk to human life and environment. The right to healthy environ=
ment
is also recognized as ‘third generation’ human rights in recent years. In a
world where global warming and climate change are becoming matters of daily
concern in the life of a human being, the major environment hazards faced by
the human being is because of industrial development (Boyle, 2008).
The study
conducted by Cambodian Centre for =
Human
Rights (CCHR, 2014)[1]
reveals the current state of human rights in relation to the garment indust=
ry
in Cambodia and found that despite a
relatively protective legislative framework and several national-lev=
el
policies for implementing this framework, labor rights, the garment industr=
y in
Cambodia, regularly fail to uphold basic human rights in their daily
operations, which in turn resulting in human rights abuses and thereby crea=
ting
an untenable situation for those employed in the industry.
=
Corporations have an enormous capacity to create wealth, jobs and incom=
e,
to finance public goods, and to generate innovation and development in many
areas relevant to human rights and environmental protection. The study
conducted by Augenstein (n.d) focused on the European legal framework in the
areas of human rights and the environment applicable to EU‐based companies
when they operate outside the European Union. According to him a number of
European businesses are leaders in terms of their recognition of labour rig=
hts,
and rights relating to privacy and security of the person, as well as their
inclusion of human rights standards in supply chain management. Further the
study has also identified a number of opportunities for legal reforms that
could be explored, with a view to better contributing to the further
implementation of the UN Framework.
=
4.
Objectives of the Study: Business involves various individuals at its
different stages such as proprietors, shareholders, managers, sales executi=
ves
and customers and being responsible to all these people is not a matter of
civic sense or protocol rather they are the prerequisites which make busine=
ss
genuine. Therefore for smooth functioning of business quality control, safe=
ty
of the products, trademark monopoly and up-keeping of business contract are
very necessary. In this co=
ntext
the paper examines:
Ø
The importance of human rights issue=
s in
business.
Ø
The emerging gl=
obal
framework for business and human rights.
Ø
Position of business and human right=
s in
India as well as in international level.
=
=
5. Methodology of the Study:
=
=
Research design: The
nature of the study is both exploratory and descriptive. It is exploratory =
as
the study aims at identifying the importance of human rights issues in
business.
=
=
Sources of data: The
study is based on secondary data. The data are collected from=
the books,
journals, published reports, and relevant websites.
=
=
6. Importance of Human Rights in Business: Human rights have entered the business agenda mainly through concepts a=
nd
frameworks such as Sustainability, Corporate Social Responsibility (CSR) and
Triple P (People, Planet, and Profit)[2]. =
For
the social component of these concepts and frameworks, the commonly used
standards include: labor rights, employee engagement, and charitable
contributions. Businesses increasingly need a stable international environm=
ent
in which to operate, with sustainable markets and a “level playing field” of
opportunities and these business opportunities often arise when new thinking
and innovation is involved in the business model. As human rights are a
relatively new field for business, companies can benefit from the early sta=
ges
of development and also help in shaping the new business environment, inclu=
ding
respect for human rights.
Although=
human
rights treaties directly not address businesses, The Universal Declaration =
of
Human Rights (UDHR) states in its Preamble that “every individual and every
organ of society shall strive by teaching and education to promote respect =
for
these rights and freedoms.” In recent years, many have stressed that compan=
ies
are important “organs of society,” and have sought to clarify the role of
business in relation to these human rights.
=
=
For business, human rights
provide a universal benchmark for minimum standards of behavior. Many natio=
nal
laws and regulations have evolved as a result of a State’s obligation to
implement human rights standards. Business must, of course, observe such la=
ws
in all countries and jurisdictions in which they operate.
=
=
Some of the reasons concern for human right is important to business
includes:
=
Ø&nb=
sp; &nb=
sp; &nb=
sp; &nb=
sp; &nb=
sp; &nb=
sp;
=
7. Global Framework for Business and Human Rights: <=
/b>The United
Nations (UN) first attempted to establish binding international rules to go=
vern
the activities of transnationals in 1970 (Cited in Reggie, 2007). That ende=
avor
was initiated by developing countries as a part of a broader regulatory pro=
gram
with redistributive aims known as New International Economic Order. =
In 1976 the Organisation of Economic Co-Operation and Development (OECD)
adopted a set of Guidelines for Multinational Enterprises and in 1977, the
governing body of ILO (International Labour Organization) adopted Tripartite
Declaration of Principles concerning Multinational Enterprises and social
policy(ILO,1978), which was subsequently amended, most recently in 2006 (IL=
O,
1978). Article 8 of this declaration states that governments, employers, and
trade unions must respect the entire Universal Declaration of Human Rights =
and
the International Covenants. It was a declaration not just about labor righ=
ts,
but about all human rights[3]. =
In 1998, a subsidiary body of the UN Human Rights
Commission[4]
set out to draft norms for human rights and business. The norms were
approved by the UN Sub-Commission in 2003 under=
the
formal title of “Norms on the Responsibilities of Transnational Corporations
and Other Business Enterprises with Regard to Human Rights”[5],
and were considered but not adopted by the UN Human Rights Commission in 2004 though it did say that the=
y had
“useful elements and ideas for consideration.” The greatest shortcoming of =
the
UN Norms was that they did not contain a workable enforcement mechan=
ism
(Bilchitz, 2009).
=
=
The UN Human Rights Commis=
sion
proposed to ask the UN Secretary-General to appoint a Special Representativ=
e to
look into
new approaches. Then in July 2005, Secretary-General Kofi Annan appointed
Harvard Professor John Ruggie as his “Special Representative of the UN
Secretary- General on Human Rights and Transnational Corporations and Other
Business Enterprises” for an initial two-year period. His Mandate was exten=
ded
twice (in 2007 for one year and in 2008 for another three years) and is due=
to
be concluded in June 2011[6].
The Human Rights Council of the United Nations, at its Eleventh Session (Ju=
ne
2008), unanimously welcomed the Special Representative Mr John Ruggie’s
proposal for establishing a policy framework which is based on three princi=
ples[7]
that is:
=
·&nb=
sp;
The state duty =
to
protect against human rights abuses, including those by business;
·&nb=
sp;
The corporate
responsibility to respect human rights; and
·&nb=
sp;
The need for be=
tter
access to remedy when corporate-related abuses have occurred.
=
=
In 2011, the UN Human Rights Council
unanimously endorsed the UN Guiding Principles on Business and Human Rights=
, a
set of guidelines that operationalize the UN Framework and further define t=
he
key duties and responsibilities of States and business enterprises with reg=
ard
to business-related human rights abuses.
=
The
state duty to protect: The
Guiding Principles affirm that states
have the duty under international human rights law to protect everyo=
ne
within their territory and/or jurisdiction from human rights abuses committ=
ed
by business enterprises. This duty means that States must have effective la=
ws
and regulations in place to prevent and address business-related human righ=
ts
abuses and ensure access to effective remedy for those whose rights have be=
en
abused.
The
corporate responsibility to respect human rights: The UN Gui=
ding
Principles also addresses the human rights responsibilities of businesses.
Business enterprises have the responsibility to respect human rights
wherever they operate and whatever their size or industry. This responsibil=
ity
means companies must know their actual or potential impacts, prevent and
mitigate abuses, and address adverse impacts with which they are involved. =
They must seek to prevent or mitigate
any adverse impacts related to their operations, products or services, even=
if
these impacts have been carried out by suppliers or business partners. To m=
eet
the responsibility to respect, business enterprises must have the necessary
policies and processes in place. The Guiding Principles identify three
components of this responsibility. First, companies must institute a policy
commitment to meet the responsibility to respect human rights. Second, they
must undertake ongoing human rights due diligence[8] to identify, prevent, mitigate and
account for their human rights impacts. Finally, they must have processes in
place to enable remediation for any adverse human rights impacts they cause=
or
contribute to[9=
].
Access
to remedy: The
state must take all the appropriate steps necessary to ensure that those
affected by human rights abuses within their territory have access to effec=
tive
remedies through judicial, administrative, legislative or other appropriate
means.
=
=
The access to remedy principles does=
not
only apply to States. They also stipulate that business enterprises should
provide for, or participate in, effective mechanisms for fielding and
addressing grievances from individuals and communities who may be adversely
impacted by the company’s operations.[10].
8. Bus=
iness and Human
Rights at International Level: <=
/span>Over the past decade increased attention ha=
s been
focused on the role of business in global development and in helping to ach=
ieve
the Millennium Development Goals. At the same time, the emerging norm of the
corporate responsibility to respect human rights has gained momentum at the
international level. There are growing num=
bers
of international institutions which are dedicated to this subject. One of t=
he
central organisation is Business and Human Rights Resource Centre, an online
resource that came into existence almost 13 years ago. The Resource Centre
website was established to create a centralised resource for information on=
the
issue of business and human rights. The website now contains information on
more than 5100 companies, in 180 countries and covering over 150 issues.
The
Global Business Initiative on Human Rights (GBI) is a global community of
corporations from all sectors knowing and showing that they respect the dig=
nity
and rights of the people they impact and interact with.
=
=
In 2000, the United Nation=
s had
launched the Global Compact (GC) which is another international initiative =
to
balance society and the corporate sector. The UN Global Compact is a strate=
gic
policy initiative for businesses that are committed to aligning G10 their
operations and strategies with ten universally accepted principles in the a=
reas
of human rights, labour, environment and anti-corruption. These ten princip=
les
are derived from:
=
Ø&nb= sp; &nb= sp; &nb= sp; [11]<= o:p>
On May 28, 2010, the UN Global Compa=
ct
reached an agreement with the Global Reporting Initiative (GRI)[12] =
to
align their efforts. The UN Global Compact’s agreement with the GRI provide=
s a
framework for the development, implementation, and disclosure of environmen=
tal,
social, and governance policies and practices by corporations[13].=
=
=
The Business Leaders Initi=
ative[14] =
on
Human Rights has developed a Human Rights Matrix which follows the Universal
Declaration of Human Rights and other international agreements. The categor=
ies
in the Matrix are those developed in the Draft Norms; the content covers the
following areas:
=
A General
Obligations
B Right to
equal opportunity and non-discriminatory treatment
C Right to
security in persons
D Rights of
workers
E Respect =
for
national sovereignty and human rights
F Obligati=
ons
with regard to consumer protection
G Obligati=
ons
with regard to environmental protection
H General Provisions of implementation
=
=
<=
span
style=3D'font-size:12.0pt;font-family:"Times New Roman","serif"'>The U.S.
government’s approach on business and human rights is intended to support t=
he
interests of U.S. companies, enhance the effectiveness of international
institutions focused on this issue, and promote the human rights of people
around the world. The United Nations (UN) Guiding Principles on Business and
Human Rights (Guiding Principles), unanimously endorsed by the UN Human Rig=
hts
Council on June 16, 2011 in a resolution cosponsored by the U.S. government,
are the first broadly accepted global set of guidelines on business and hum=
an
rights. The Guiding Principles provide an important framework for corporati=
ons,
states, civil society, and others as they work to strengthen their respecti=
ve
approaches to the issue of business and human rights.[15]
The UN Working Group on Business and Human Rights has encouraged States to
develop National Action Plans ("NAPs")[16]
on business and human rights as part of their responsibility to disseminate=
and
implement the Guiding Principles on Business and Human Rights. On December 15, 2014, the US Government=
held
its first public consultation on the White House National Action Plan on
Responsible Business Conduct in New York City at the NYU Stern School of
Business. The event was the first of four national consultations anno=
unced
by the Government to develop the US NAP.
In
Australia, the Australian Human Rights Commission has created an online hub to assist Australi=
an
businesses and employers to support workplace diversity, meet their obligat=
ions
under anti-discrimination law and integrate a human rights approach into th=
eir
policies and practice. The online hub includes
a range of practical resources including[17]:
·&nb=
sp;
The Good Practice, Good Business
factsheets to help promote diversity and p=
revent
discrimination in the workplace.
·&nb=
sp;
Business and human rights factsheets=
to assist Australians businesses embed human ri=
ghts
into their operations.
·&nb=
sp;
Toolkits and guidelines on a range of issues including gender equality, sexu=
al
harassment, recruitment and retention of older workers, managing employees =
with
family and career responsibilities, workplace cultural diversity and employ=
ment
of people with disabilities.
·&nb=
sp;
In 2010 the Global Compact Network Australia establishe=
d a
Human Rights Leadership Group for Business to focus on
building capacity amongst Australian businesses to manage both human
rights-related challenges and opportunities.<=
/span>The
Secretaries of State for Foreign Affairs and for Business Innovation and Sk=
ills
announced a National Action Plan (the "UK NAP") to implement the
United Nations Guiding Principles on Business and Human Rights. The UK NAP
makes clear the Government's expectations that business enterprises domicil=
ed
in the United Kingdom should respect human rights and demonstrates the
Government's intention to continue activities to implement the Guiding
Principles on Business and Human Rights. I=
n the
UK, an amended law4 that requires the directors of listed companies to incl=
ude
information about human rights issues in their annual strategic report to
shareholders.
=
= In Germany, the Working Gr= oup on Human Rights and Business comprised of the Federal Government, industry, employers’ associations, trade unions and civil society organisations has issued a joint declaration reaffirming the commitment of all signatories to respect and foster international human rights law.[18]<= o:p>
=
France is also working actively to improve and implement the body of
human rights standards<=
span
lang=3DEN-IN style=3D'mso-bidi-font-weight:bold'> in an international context in which the concept of Corporate =
Social
Responsibility (CSR) has recently been redefined.
=
=
9. Business and Human Rights in Indian Context
=
=
Although in India the rela=
tively
young liberal market economy has had profoundly positive effects on poverty=
and
the realization of rights, yet the country continues to grapple with proble=
ms
of poverty, unemployment, illiteracy and malnutrition. There is a lack of code for promoting e=
thical
business practices. Therefore, there is a need to develop structures for
facilitating adoption of code of ethics by Indian industry[19].=
=
=
India has a tradition of c=
ommon
law. Corporate law is regulated at a federal (Union) level through the Mini=
stry
of Corporate Affairs (MCA) and the Company Law Board (CLB). The MCA can
investigate companies and penalize companies for any non-compliance of its
regulations. On the other hand SEBI
regulates businesses in the security markets and protects investor interest=
s.
FEMA and the RBI regulate all FDI in India. In the case of a violation of a=
ny of
the provisions of FEMA, the RBI can impose a penalty of up to three times t=
he
amount of money involved. Moreover, the Competition Commission of India has=
the
power to penalize companies that enter into anti-competitive agreements.
=
=
India has ratified the following international conventions:
=
–– Universal Declaration of Hu=
man
rights 1948
–– International Convention on
elimination of all forms of racial discrimination 1965
–– International Covenant on
Economic, Social and Cultural rights 1966, and
–– Convention on the eliminati=
on
of all forms of discrimination against women 1979
=
=
Apart from the Constitution, for the
protection and observance of Human Rights, enactment of the protection of H=
uman
Rights Act, 1993 (herein after referred to as PHRA 1993), is an important
milestone. The PHRA was enacted by the Govt. of India for a speedy and fair
redressal to the victims of the violation of Human Rights and to discharge =
its
Constitutional and international obligations[20].
This Act was enacted in the context of International Covenant on Civil and =
Political
Rights, 1966 and International Covenant on Economic, Social and Cultural
Rights, 1966.
=
=
The following Acts and
regulations are also relevant when looking at Business and Human Rights in
India:
=
=
1. The Child Labour (Prohibition and Regulation) Act,
1986: This legislation has been enacted with a =
view
to prohibit the engagement of children in certain employments and to regula=
te
the conditions of work of children in certain other employments. It prohibi=
ted
the employment of children as domestic servants.
=
=
2. The Contract Labour (Regulation and Abolition) Act,
1970: It was passed to prevent the exploitation=
of
contract labour and also to introduce better conditions of work. This Act
provides for abolition of contract labour where ever possible and practicab=
le
and regulation of their employment where it cannot be abolished altogether.=
=
=
3. The Equal Remuneration Act, 1976: It is the principal legislation providing for equal p=
ay
to men and women for equal work.
=
=
4. The Employees State Insurance Act, 1948: This Act aims at bringing about social and economic
justice to the poor labour class of the land. It promotes labour welfare. T=
he
main objective of the E.S.I Act, 1948 is to provide to the workers medical
relief, sickness cash benefits, maternity benefits to women workers, pensio=
ns
to the dependents of deceased workers and compensation for fatal and other
employment injuries including occupational diseases in an integrated form
through a contributory fund.
=
=
5. The Maternity Benefit Act, 1961: This Act was enacted to regulate the employment of wo=
men
in certain establishments for certain periods before and after child birth =
and
to provide for maternity benefit and certain other benefits.
=
=
6. The Minimum Wages Act, 1948: It is an Act providing for fixing minimum rates of wa=
ges
in certain employments.
=
=
7. The Beedi and cigar workers (Conditions of Employm=
ent)
Act, 1966: The Act has been enacted to provide for t=
he
welfare of workers in Beedi and Cigar establishments and to regulate the
conditions of their work and for matters connected therewith.
=
=
8. The Workmen Compensation Act, 1923:
=
=
9. The Employees Provident Fund and Miscellaneous
Provision Act, 1952: It was enacted to providing for the
institution of provident funds, family pension funds and deposit linked
insurance fund for the employees in the factories and other establishments.=
=
=
10. The Payment of Wages Act, 1936: It is an Act to regulate the payment of wages of cert=
ain
classes of employed persons.
=
=
11. The Trade Unions Act, 1926: This legislation is enacted for the registration of T=
rade
unions and in certain respects to define the law relating to Registered Tra=
de
unions.
=
=
12. The Factories Act, 1948: It is enacted for occupational safety, health and wel=
fare
of workers at work places.
=
=
13. The Bonded Labour System (Abolition) Act, 1976: <=
/span>It is the principal legislation which prohibits the
practice of bonded labour in the light of spirit contained in Article 23 of=
the
Indian Constitution. The main objective of this Act is to prevent the econo=
mic
and political exploitation of the weaker sections of the people.
=
=
14. The Mines Act, 1952: It is an Act to amend and consolidate the law relatin=
g to
the regulation of labour and safety in mines.
=
=
15. The Environment (Protection) Act, 1986: This is the principal green legislation providing for=
the
protection and improvement of environment and for matters connected therewi=
th.
=
=
16. The National Rural Employment Guarantee Act, 2004=
: This is enacted to safeguard the Right to work by
providing guaranteed employment at the statutory minimum wage at least one
adult per household who volunteers to do causal manual labour in rural area=
s.
The effective provision for safeguarding the Right to work is a duty of the
State. Safeguarding the Right to work is also essential for the realization=
of
other Constitutional rights such as the Right to life, the Right to food and
the Right to education. This legislation was enacted in the light of
Constitutional spirit under Article 41 of the Constitution of India.
=
=
17. The Right of Children to Free and Compulsory
Education Act, 2009: This legislation is enacted to provide for
free and compulsory education to all children of the age of 6 to 14 years.<=
/span>
=
=
Now Indian Governm=
ent
has been a strong supporter of the Business and Human Rights agenda.=
=
In November 2009 with a business
roundtable, Global Business Initiative has been working closely with local
partners in India, particularly the Global Compact Local Network, to cataly=
ze
business commitment to the corporate respect for human rights. Most recentl=
y,
GBI has been supporting the launch of an India Chief Executive Officer (CEO)
Forum on Business and Human Rights. The
India CEO Forum on Business and Human Rights is a two- year global compact
network India initiative that will exist to advance human rights in a busin=
ess
context among Indian industry at home and abroad, and so establish India as=
a
global leader in this critical and valuable area of responsible business.
=
=
On February 13, 2012,the CEOs and se=
nior
leaders from 40 corporations including Public Sector Undertakings, Private
Indian business and MNCs operating in India meet together to have a discuss=
ion
on Human Rights Risks, Responsibil=
ities
and Opportunities facing Indian business leaders, and to build commitment t=
o a
two-year India CEO Forum on Business and Human Rights.
=
The
Economic Times reported that The National Human Rights Commission=
of
India plans to=
critically
examine government policies framed for promoting business to ensure that they are not in c
10. Business and H=
uman
Rights in North-East Context:
In the Northeast states of India several peaceful protests took place over =
the
past month to address concerns over the implications of the European Union (EU) Free Trade Agreement (FTA)
=
During
the two-day consultation program “Indigenous Peoples Consultation on Dams a=
nd
Natural Resources Protection in India’s North East” held at Agartala from 10
till 11 February 2013, organized by the Borok Peoples Human Rights Organiza=
tion,
environmentalists, social organizations and pressure groups have asserted t=
hat
the land, forests, rivers and all natural resources in India’s North East
belong to the indigenous people of the region. They asserted that mega dam
constructions that had already been commissioned such as Loktak Project in
Manipur, Dumber Dam in Tripura have already led to widespread dispossession,
loss of lands, extinction of flora and fauna, demographic impacts on indige=
nous
peoples in the region and other human rights violations.
A Mod=
el
for sustaining human rights in business
![](3D"7.MrsManashiMazumdar1_files/image004.png")
<=
span
style=3D'mso-spacerun:yes'>
=
In this model it is reflected that
business is a part of society which is basically interrelated with the –
·&nb=
sp;
Public
awareness and consciousness.
Conclusion: The presence of several international instruments outlining human rights
shows that the protection of human rights is important enough to occupy a
significant part of the international agenda. Businesses, through their
activities have an impact on virtually all internationally recognized human
rights, and hence they have a responsibility to respect all the rights. In the presence of various international
instruments, states that have ratified the instruments also have an obligat=
ion
to adhere to them. States can be held directly responsible under internatio=
nal
law if they do not adequately regulate the conduct of businesses to ensure
compliance with the various international human rights treaties. Today an
increasing number of countries around the world have launched national
initiatives on corporate responsibility to encourage excellence among their=
own
industries. In India also many serious developments have been taken place.
India has also ratified the International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant on Economic, Social and Cultu=
ral
Rights (ICESCR), and has definite human rights obligations. Since business
operations affect human rights on a large scale, the state has a responsibi=
lity
to ensure that corporate conduct is conducive towards creating an atmospher=
e of
respect for the human rights of all. Moreover in order to meet the
responsibility to respect human rights, business enterprises should also ha=
ve
adequate policies and strategies appropriate to their size and circumstance=
s.
=
=
References:
=
1.&n=
bsp;
Augenstein, D
2.&n=
bsp;
Bilchitz, G (20=
09)
“Corporate Law and the Constitution: Towards Binding Human Rights
Responsibilities for Corporations”, SAJHR,
769.
=
3. Biswal, T. (2006), 4.&n=
bsp;
Boyle, A (2008). UNEP (UN Environment Programme)
High level experts meeting on new
feature of Human Rights and Environment, Moving the Global Agenda Forward,
Meeting Document, “Human Rights and the
Environment: A Reassessment”, Retrieved from http://www.unep.org/environmentalgovernance/Portals/8/documents/Huma=
nRightsEnvironmentRev.pdf
=
5.
6.&n=
bsp;
CCHR (2014), ‘Workers’ =
Rights
are Human Rights” Policy Brief: The Garment Industry in Cambodia’, Acces=
sed
from www.cchrca=
mbodia.org on12 Nov,=
2015.
7.&n=
bsp;
International
Labour Organisation, official Bulletin1978, vol LXI, series A, no. 1
8.&n=
bsp;
International
Labour Organisation, official Bulletin1978, vol LXXXIII, series A, no. 3
=
9. .
=
10. =
11. 12.&=
nbsp; ‐related human rights abuse’, UN Doc A/HRC/8/5/Add.2.
13. <=
![endif]><=
span
style=3D'font-size:12.0pt;color:windowtext;text-decoration:none;text-underl=
ine:
none'>Corporate duty
and human rights under australian law’, Retrieved =
from http://www.reports-and-materials.org/AAR-Ruggie-Mar-2008.pdf<=
/a>
14. <=
![endif]>15.&=
nbsp;