Está en la página 1de 2

In order to filter out frivolous or vexatious complaints against MNCs, I propose

that a screening procedure be put in place. As part of this procedure, any


person or body aggrieved by an MNC's human rights violations could file a
complaint before the CHB, which could scrutinize whether a prima facie case
has been made.

If the concerned MNC were to fail to honor the decision of the DSB, punitive
measures could be resorted to, including a ban on business dealings with
such a corporation. Besides, any state that supports or is in connivance with
a delinquent MNC could also face action by member states.

Sub-Commission on HRT
The U.N.'s interest in dealing with specific issues related to
MNCs goes back to the mid1970s, when it established a
Commission on Transnational Corporations. Though the
Commission's vision to agree on a code for MNCs failed to
materialize due to various reasons, the U.N. continued to grapple
with the role and responsibilities of MNCs in different forms and
forums.

Presently, the Sub-Commission on the Promotion and Protection of


Human Rights deals with MNCs and the interactions of trade and
human rights, which in turn has constituted a working group on MNCs.

This partial treatment of MNCs and the issues arising out of their
growing influence in the world order is inadequate. It is therefore
important to revive the idea of a special body dealing with MNCs and
the challenges posed by their all-pervasive activities. One way of doing
this could be to establish a Sub-Commission on HRT.

Besides playing a leading role in the formulation of universal human


rights standards for MNCs and cooperating with the ILO, OECD, and the
WTO to ensure that international business is done with a human face,
the Sub-Commission should work in two other areas in which, possibly,
only a U.N. body may legitimately operate:

1. Since the rise in the power of MNCs has raised special concerns for
developing countries in terms of national sovereignty, economic
growth, development priorities, and the perseverance of special socio-
cultural needs, the Sub-Commission on HRT should not only formulate
policies to deal with the above issues but should also offer advice and
consultation to such countries.
2. Sub-Commission should work towards reaching an agreement on
governments' treatment of MNCs. Some areas that demand immediate
attention relate to governance, transparency in business dealings, and
corruption. An agreement on the treatment of MNCs would indicate
that the proposed framework takes into account the concerns of both
trade and human rights, a fact which should offer some incentives to
MNCs to take their human rights obligations more seriously.

The Proposed Partnership and


Overcoming the Four-Fold
Inadequacy
The discussion below shows how the proposed U.N.-WTO partnership can
overcome the fourfold inadequacy of the existing international framework of
accountability of MNCs for human rights violations. It also gives an idea of the
guiding principles to be followed and the necessary adjustments to be made
in the current framework's approach.

También podría gustarte