Pratidhwani the Echo

A Peer-Reviewed International Journal of
Humanities & Social Science

ISSN: 2278-5264 (Online) 2321-9319 (Print)

Impact Factor: 6.28 (Index Copernicus
International)

Volume-V, Issue-II,
October 2016, Page No. 56-71

Published by Dept.
of Bengali, Karimganj College, Karimganj,
Assam, India

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 paper 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 applying
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 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 level
and various
regulatory provisions available in India for protection of human rights through
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 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 applying all necessary norms and
Conditions of human rights, the business community can survive in the society
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 their
employees, business partners, and local communities wherever they operate, so there are hardly any human rights that are not relevant to the sector. 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 moral
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, language,
creed, status and beliefs. It includes right to life, right to adequate food,
right to shelter, right to clothes, right to pollution free air, right to noise
free surroundings, right to have safe drinking water, right to vote, right to
participate in all social, economic and political activities, right to embrace
any religion, right to speak and so on.

Section 2 (d) of the Protection
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 and
enforceable by courts in India.” “International Covenants” have been further
defined as the International Covenant on Civil and Political Rights, 1966 and
the International Covenant on Economic, Social and Cultural Rights, 1966 and
such other Covenant or Convention adopted by the General Assembly of the United
Nations as the Central Government may, by notification, specify.

On the other hand business is an economic
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 undertaken on
human rights at the global level and in India. Some studies dealt on
methodological issues and some on empirical analysis. The researcher has tried
to review the following:

Ruggie (2007) has stated in his report that the issue of human rights and
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 (2008) has discussed
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 right.

Wouters & Chanet (2008)
examined the effectiveness of Europe’s CSR policy with
regard to human rights. According to them public authorities
should create a framework  which must
include enabling measures for ensuring that corporations respect human rights
and at the same time regulatory measures must be provided to address the worst
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 economy,
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 environment
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 industry
in Cambodia and found that despite a
relatively protective legislative framework and several national-level
policies for implementing this framework, labor rights, the garment industry in
Cambodia, regularly fail to uphold basic human rights in their daily
operations, which in turn resulting in human rights abuses and thereby creating
an untenable situation for those employed in the industry.

Corporations have an enormous capacity to create wealth, jobs and income,
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 rights,
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 executives
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 business
genuine. Therefore for smooth functioning of business quality control, safety
of the products, trademark monopoly and up-keeping of business contract are
very necessary. In this context
the paper examines:

Ø
The importance of human rights issues in
business.

Ø
The emerging global
framework for business and human rights.

Ø
Position of business and human rights 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 and
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 environment
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 stages
of development and also help in shaping the new business environment, including
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 companies
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 national
laws and regulations have evolved as a result of a State’s obligation to
implement human rights standards. Business must, of course, observe such laws
in all countries and jurisdictions in which they operate.

Some of the reasons concern for human right is important to business
includes:

Ø  More sustainable business relationships with governments,
business partners, trade unions, sub-contractors and suppliers.

Ø  Improved employee recruitment, retention, and motivation.

Ø  Reduced risk of consumer protests.

Ø  Strengthened shareholder confidence

Ø  A more secure license to operate

Ø  Identifying new business opportunities.

7. Global Framework for Business and Human Rights: The United
Nations (UN) first attempted to establish binding international rules to govern
the activities of transnationals in 1970 (Cited in Reggie, 2007). That endeavor
was initiated by developing countries as a part of a broader regulatory program
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 (ILO,
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 rights,
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 they had
“useful elements and ideas for consideration.” The greatest shortcoming of the
UN Norms was that they did not contain a workable enforcement mechanism
(Bilchitz, 2009).

The UN Human Rights Commission
proposed to ask the UN Secretary-General to appoint a Special Representative 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 extended
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 (June
2008), unanimously welcomed the Special Representative Mr John Ruggie’s
proposal for establishing a policy framework which is based on three principles[7]
that is:

·
The state duty to
protect against human rights abuses, including those by business;

·
The corporate
responsibility to respect human rights; and

·
The need for better
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 the
key duties and responsibilities of States and business enterprises with regard
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 everyone
within their territory and/or jurisdiction from human rights abuses committed
by business enterprises. This duty means that States must have effective laws
and regulations in place to prevent and address business-related human rights
abuses and ensure access to effective remedy for those whose rights have been
abused.

The
corporate responsibility to respect human rights: The UN Guiding
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 responsibility
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 meet
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 effective
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. Business and Human
Rights at International Level: Over the past decade increased attention has been
focused on the role of business in global development and in helping to achieve
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 numbers
of international institutions which are dedicated to this subject. One of the
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 dignity
and rights of the people they impact and interact with.

In 2000, the United Nations had
launched the Global Compact (GC) which is another international initiative to
balance society and the corporate sector. The UN Global Compact is a strategic
policy initiative for businesses that are committed to aligning G10 their
operations and strategies with ten universally accepted principles in the areas
of human rights, labour, environment and anti-corruption. These ten principles
are derived from:

Ø  The International Labour Organization's Declaration on
Fundamental Principles and Rights at Work

Ø  The Rio Declaration on Environment and Development

Ø  The United Nations Convention against Corruption”[11]

On May 28, 2010, the UN Global Compact
reached an agreement with the Global Reporting Initiative (GRI)[12] to
align their efforts. The UN Global Compact’s agreement with the GRI provides a
framework for the development, implementation, and disclosure of environmental,
social, and governance policies and practices by corporations[13].

The Business Leaders Initiative[14] on
Human Rights has developed a Human Rights Matrix which follows the Universal
Declaration of Human Rights and other international agreements. The categories
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  Obligations
with regard to consumer protection

G  Obligations
with regard to environmental protection

H  General Provisions of implementation

The U.S.
government’s approach on business and human rights is intended to support the
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 Rights
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 human
rights. The Guiding Principles provide an important framework for corporations,
states, civil society, and others as they work to strengthen their respective
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 announced
by the Government to develop the US NAP.

In
Australia, the Australian Human Rights Commission has created an online hub to assist Australian
businesses and employers to support workplace diversity, meet their obligations
under anti-discrimination law and integrate a human rights approach into their
policies and practice. The online hub includes
a range of practical resources including[17]:

·
The Good Practice, Good Business
factsheets to help promote diversity and prevent
discrimination in the workplace.

·
Business and human rights factsheets to assist Australians businesses embed human rights
into their operations.

·
Toolkits and guidelines on a range of issues including gender equality, sexual
harassment, recruitment and retention of older workers, managing employees with
family and career responsibilities, workplace cultural diversity and employment
of people with disabilities.

·
In 2010 the Global Compact Network Australia established a
Human Rights Leadership Group for Business to focus on
building capacity amongst Australian businesses to manage both human
rights-related challenges and opportunities.

Recently in Qatar, The
Peninsula reports that the
National Human Rights Committee (NHRC)
will be included in a monitoring mechanism to ensure that foreign workers have
access to adequate
accommodation, in line with international standards. This monitoring
process will also ensure that the guidelines for labour camps are being upheld
in practice.

The
Secretaries of State for Foreign Affairs and for Business Innovation and Skills
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 domiciled
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. In the
UK, an amended law4 that requires the directors of listed companies to include
information about human rights issues in their annual strategic report to
shareholders.

In Germany, the Working Group 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]

France is also working actively to improve and implement the body of
human rights standards 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: India is a
party to major international human right treaties and declarations. It is one of the few countries that protect Human Rights through its
Constitution. The civil and political rights guaranteed as Fundamental Rights
are enforceable through the Courts of law. The fundamental rights of Indian
constitution ensures various individually oriented rights: right to freedom,
right to equality, right against exploitation, cultural and educational right,
and right to constitutional remedies. Whereas, directive principles of the
constitution is concerned with weaker sections of the society; directive
principles work towards collective rights, as they focus on rights of the
communities.

Although in India the relatively
young liberal market economy has had profoundly positive effects on poverty and
the realization of rights, yet the country continues to grapple with problems
of poverty, unemployment, illiteracy and malnutrition.  There is a lack of code for promoting ethical
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 common
law. Corporate law is regulated at a federal (Union) level through the Ministry
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 interests.
FEMA and the RBI regulate all FDI in India. In the case of a violation of any of
the provisions of FEMA, the RBI can impose a penalty of up to three times the
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 Human
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 elimination
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 Human
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 regulate
the conditions of work of children in certain other employments. It prohibited
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 practicable
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 pay
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. The
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, pensions
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 women
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 wages
in certain employments.

7. The Beedi and cigar workers (Conditions of Employment)
Act, 1966: The Act has been enacted to provide for the
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: This legislation provides for the payment of compensation
by certain classes of employers to their workmen, who sustain personal injury
by accidents arising out and in the course of their employment.

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 certain
classes of employed persons.

11. The Trade Unions Act, 1926: This legislation is enacted for the registration of Trade
unions and in certain respects to define the law relating to Registered Trade
unions.

12. The Factories Act, 1948: It is enacted for occupational safety, health and welfare
of workers at work places.

13. The Bonded Labour System (Abolition) Act, 1976: 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 economic
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 relating 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 therewith.

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 areas.
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.

Now Indian Government
has been a strong supporter of the Business and Human Rights agenda.
India has signed and adopted a number of international
guidelines with regard to corporate social responsibility. The United Nations
Global Compact was launched in India at a high level meeting of Business
Leaders in Mumbai on 4 December, 2000 and over 100 leading organizations from
India have joined the initiative to date. Moreover there are also some serious
developments. The Ministry of Corporate Affairs has launched National Voluntary
Guidelines for Responsible Business, in which Principle 5 (of 9) guides
businesses to “respect and promote human rights” and makes explicit
reference to the work of Prof. Ruggie and the UN “Protect, Respect, Remedy” Framework.

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 catalyze
business commitment to the corporate respect for human rights. Most recently,
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 business
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 senior
leaders from 40 corporations including Public Sector Undertakings, Private
Indian business and MNCs operating in India meet together to have a discussion
on  Human Rights Risks, Responsibilities
and Opportunities facing Indian business leaders, and to build commitment to 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 conflict with human rights. The Commission's Secretary General Rajesh Kishore said
“Human rights violations due to business would be our prime focus in the coming years and the Commission has
already started studying the subject.” According to a report titled NHRC India on Business
and Human Rights, submitted to the International Coordinating Committee for
National Human Rights Institutions[21], now commission will examine the impact of
government policies on public
health, business practices,
industrial processes and products.[22]

10. Business and Human
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) with
India. The aspect of the proposed FTA includes removing tariffs for 90 percent
of agricultural products between the parties, allowing for EU companies to gain
access to a market that has been largely controlled by local producers,
inhibiting the ability of locals to earn a livelihood, and causing the local
agriculture industry to be vulnerable to global volatilities. An additional
concern of the proposed EU-FTA agreement is the clause for establishing mineral
extraction industries in India. These extractive industries have the potential
to inhibit the livelihood of indigenous people in the Northeast, and risk the
displacement of the indigenous peoples from their traditionally owned land, as
foreign companies are given contracts to the land. Petroleum exploration in
Manipur has potential negative ramifications for the indigenous people of the
area as well as negative environmental implications. Protestors are concerned
over the lack of transparency in the Bill, violation of the rights of the
indigenous people, and the threat increased imports would make to local
businesses and livelihoods.

During
the two-day consultation program “Indigenous Peoples Consultation on Dams and
Natural Resources Protection in India’s North East” held at Agartala from 10
till 11 February 2013, organized by the Borok Peoples Human Rights Organization,
environmentalists, social organizations and pressure groups have asserted that
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 indigenous
peoples in the region and other human rights violations.

A Model
for sustaining human rights in business

In this model it is reflected that
business is a part of society which is basically interrelated with the –

·
Constitution
of India and various legislations.

·
Basic business
policies and various departmental policies.

·
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 obligation
to adhere to them. States can be held directly responsible under international
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 Cultural
Rights (ICESCR), and has definite human rights obligations. Since business
operations affect human rights on a large scale, the state has a responsibility
to ensure that corporate conduct is conducive towards creating an atmosphere of
respect for the human rights of all. Moreover in order to meet the
responsibility to respect human rights, business enterprises should also have
adequate policies and strategies appropriate to their size and circumstances.

References:

1.
Augenstein, D  (n.d), “Study of the Legal Framework on Human
Rights and the Environment Applicable to the European Enterprises operating
outside the European Union” , The University of Edinburgh.

2.
Bilchitz, G (2009)
“Corporate Law and the Constitution: Towards Binding Human Rights
Responsibilities for Corporations”, SAJHR,
769.

3.      Biswal, T. (2006), Human Rights Gender and Environment, Viva
Books Pvt.  Ltd,  pg  44.

4.
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/HumanRightsEnvironmentRev.pdf .

5.      Business & Human Rights Initiative (2010), “How to Do
Business with Respect for Human Rights: A Guidance Tool for Companies,” The
Hague: Global Compact Network Netherlands.

6.
CCHR (2014), ‘Workers’ Rights
are Human Rights” Policy Brief: The Garment Industry in Cambodia’, Accessed
from www.cchrcambodia.org on12 Nov, 2015.

7.
International
Labour Organisation, official Bulletin1978, vol LXI, series A, no. 1

8.
International
Labour Organisation, official Bulletin1978, vol LXXXIII, series A, no. 3

9.      9. Reggie, J.G. (2007). “State Responsibilities
to Regulate and Adjudicate Corporate Activities under the United Nations’ Core
Human Rights Treaties”,  Report prepared
for the mandate of the Special
Representative of the United Nations Secretary-General (SRSG) on the
issue of human rights and transnational corporations and other business
enterprises, United Nations Human Rights, Retrieved from https://www.ohchr.org/documents/alldocs.aspx?doc_id=12960‎.

10.  Ray,
A. (2004), ‘National Human Rights Commission of India’, Vol-I &II, (NHRC), Khama
Publishers, New Delhi.

11.  Reggie, J.G. (2007), “Business and Human Rights: The
Evolving International Agenda”, Corporate Social Responsibility Initiative, Working
Paper No. 31. Cambridge, MA: John F Kennedy School of Government, Harvard
University.

12.  Report of the SRSG, ‘Corporations and human rights: a
survey of the scope and patterns of alleged corporate‐related human rights abuse’, UN Doc A/HRC/8/5/Add.2.

13.  Robinson,
A. A. (2008), ‘Corporate duty
and human rights under australian law’, Retrieved from http://www.reports-and-materials.org/AAR-Ruggie-Mar-2008.pdf

14.  Shaw,
W. H and Barry, V.(2013), Moral Issues in Business, 12th
edition, p.41.

15.  Wouters, J. & Chanet, L (2008), ‘Corporate
Human Rights Responsibility: A European Perspective’, Northwestern Journal
of International Human Rights, Vol 6(2), P 262-303, accessed from

http://scholarlycommons.law.northwestern.edu/njihr/vol6/iss2/3

[1] The
Cambodian Center for Human Rights (CCHR) is a non-aligned, independent,
non-governmental organization (NGO) that works to promote and protect democracy
and respect for human rights – primarily civil and political rights –
throughout the Kingdom of Cambodia (Cambodia).

[2] Business & Human Rights Initiative (2010), “How to Do Business with
Respect for Human Rights: A Guidance Tool for Companies,” The Hague: Global
Compact Network Netherlands.

[3] Christopher
Avery (n.d), The Development of Arguments for the Accountability of
Corporations for Human Rights Abuse, Research Workshop on Human Rights: From
Practice to Policy ,Gerald R. Ford School of Public Policy University of
Michigan, Retrieved from
http://humanrightshistory.umich.edu/accountability/corporations/

[4]
now called the Human Rights Council was until 2006 the
Human Rights Commission.

[5] UN Document:
E/CN.4/Sub.2/2003/12 (2003). The text of the Draft Norms can be found at:
www1.umn.edu/ humanrts/links/NormsApril2003.html

[6]
The  2008-2011 mandate is available from
http://business-humanrights.org/en/mandate-of-the-un-special-representative

[7] A/HRC/11/13
– “Business and Human Rights: Towards Operationalizing the ‘protect, respect
and remedy’ Framework” – Report by Mr John Ruggie: Special Representative of
the Secretary General on the issue of human rights and transnational
corporations and other business enterprises” (United Nations, 22 April, 2009),
available at

http://www2.ohchr.org/english/bodies/hrcouncil/docs/11session/A.HRC.11.13.pdf

[8]
Human rights due
diligence refers to the process of identifying and addressing the human rights
impacts of a business enterprise across its operations and products, and
throughout its supplier and business partner networks.

[9]
Report of the UN working group on business and human rights, The Un Guiding
Principles on Business and Human rights : An Introduction, p.3, available at

[10]
Report of the UN working group on business and human rights, The Un Guiding
Principles on Business and Human rights : An Introduction, p.4, available at

[11]
available at : http://www.unglobal compact.org/AboutTheGC/TheTenPrinciples/index.html

[12] 21Global
Reporting Initiative (GRI) is a network-based organization that has pioneered
the development of the world’s most widely used sustainability reporting
framework and is committed to its continuous improvement and application
worldwide. In order to ensure the highest degree of technical quality,
credibility, and relevance, thereporting framework is developed through a
consensus-seeking process with participants drawn globally from business, civil
society, labour, and professional institutions. This framework sets out the
principles and indicators that organizations can use to measure and report
their economic, environmental, and social performance. The cornerstone of the
framework is the Sustainability Reporting Guidelines. The third version of the
Guidelines – known as the G3 Guidelines - was published in 2006. Other
components of the framework include Sector Supplements (unique indicators for
industry sectors) and National Annexes (unique country-level information),
available at http://www.globalreporting.org/AboutGRI/WhatIsGRI/.

[13] Global
Governance Watch website, UN and OECD Press for Global Governance of Transnational
Corporations, Economics, Corporate Citizenship, Human Rights, by Jim Kelly,
July 28, 2010.

[14] The Business
Leaders Initiative on Human Rights (BLIHR) is a business-led program that is
developing practical tools and methodologies for applying human rights
principles and standards across a range of business sectors, issues, and
geographical locations.

[15]
See the text of the U.S. statement at the endorsement of the Guiding Principles
and the text of the resolution here: http://www.humanrights.gov/2011/06/16/businesses-and-transnational-corporations-have-a-responsibility-to-respect-human-rights/

[16]
A NAP is defined as an "evolving policy strategy developed by a State to
protect against adverse human rights impacts by business enterprises in
conformity with the UN Guiding Principles on Business and Human Rights.”

[17]
https://www.humanrights.gov.au/education/business-and-human-rights.

[18] See European Commission,
‘Corporate Social Responsibility: National public policies in the European
Union’

(September 2007)

[19] Developing
code of ethics for Indian Industry (2012), Report prepared by Institute for Corporate Sustainability Management Trust and National
Human Rights Commission, p.11.

[20] Act No. 10 of
1994 – Received the assent of the President on January 8, 1994 and published in
the official Gazette of India, extra part II, Section I, date 10th January
1994.

[21] An international association of
national human rights institutions across the world.

[22] The Economic
Times, September, 2014