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	Holding Multinational Corporations Accountable for Human Rights by Carlos Lopez Project Syndicate, International Commission of Jurists, agencies   Oct. 2021   Advanced-economy governments routinely proclaim their commitment to the principle that businesses have a duty to prevent human-rights abuses, but they have done little to hold corporations accountable. Supporting a new UN treaty would go a long way toward restoring these countries’ credibility.   At the end of October, an intergovernmental working group will meet again to push for an international treaty governing multinational companies’ responsibility for upholding human rights.   The working group, created in 2014 by the UN Human Rights Council, holds annual sessions that are attended faithfully by a large cohort of human-rights advocates, environmentalists, and members of social-development organizations.   But, while many countries, mostly from the Global South plus China, send representatives to the meetings, the United States, Canada, Australia, and Japan ignore them, while the EU sends a token delegation and makes no substantive contribution to negotiations. That needs to change.   The treaty on business enterprises and human rights would be the first of its kind under the auspices of the United Nations, and has been a decade in the making. In 2011, the UN Human Rights Council approved a set of Guiding Principles that declared commercial enterprises “have a responsibility to respect human rights.”   Business associations supported the principles and committed to comply with them – in part because it was not legally mandatory to do so. The principles were non-binding, and adherence to them was impossible to monitor or enforce. States were expected to prevent and punish human-rights abuses by corporations as part of their existing duties under international law.   In 2017, France became the first country to adopt a law requiring large multinational companies operating on French territory to conduct due diligence on human rights throughout their global operations.   Earlier this year, Germany adopted a similar law that will go into effect in 2023, and the European Commission is preparing a directive on the issue that will cover the entire bloc.   The drafts of the treaty also contain provisions on corporate due diligence, now with public monitoring and enforcement. If approved, this responsibility would become a worldwide obligation, raising the bar for global business.   The Guiding Principles also declared that states should investigate and sanction corporate human-rights violations and provide remedies to victims. Recourse to an effective judicial remedy is a fundamental principle of international human-rights law and should be included in any treaty covering corporate responsibility.   But legal redress often has failed to materialize in the context of global business operations with complex value chains. The rights of workers and indigenous groups, in particular, are often disregarded.   Recently, courts in the United Kingdom and the Netherlands issued groundbreaking judgments in cases concerning major multinationals, including Vedanta Resources and Royal Dutch Shell. These decisions made it clear that workers and community members in all regions where subsidiaries operate have a right to access the courts in the parent company’s home country.   These decisions sent shockwaves across the business world and alarmed corporate lawyers, and for good reason: Corporate accountability advocates and academics view this new jurisprudence as a key component of a nascent legal framework to hold parent companies responsible for the abuses committed in their global value chains.   But these judgments are unlikely to have the necessary broader effect unless the principles they set out are further developed and embedded in both domestic and international law. The European Parliament is proposing to do this with draft legislation on responsible business.   The proposed UN treaty is explicit about the legal responsibility of parent or controlling companies. Under the draft’s provisions, controlling companies in a chain or network may be liable for the harm caused by commercial associates whose activities they control or supervise, or for failure to prevent those associates from harming workers, indigenous people, women, and children.   The treaty also would strengthen the international framework governing social and environmental sustainability in global business operations.   The largest trade-union confederations and other civil-society organizations support the proposed treaty, but major developed countries such as the US and EU member states are largely ignoring it.   The problem is that policymakers in these countries prefer the old model of limited regulation and maximum freedom for their multinational corporations – and for themselves.   The token participation of EU members in the treaty discussions so far is surprising, given these countries’ stated commitments to multilateralism and human rights. This treaty is an opportunity for the EU to show policy coherence and leadership in this field, following the milestone national legislation in France and Germany and the groundbreaking jurisprudence in the UK and the Netherlands.The same goes for the US, which is attempting to reaffirm its leadership in a rules-based international order.   These countries’ governments routinely proclaim that respect for human rights is a fundamental value. And yet they seem content with old formulas and empty models that lack legally binding obligations.   As the next round of treaty negotiations approaches, their credibility depends on showing they are serious about holding corporations accountable for human rights under international law.   * Carlos Lopez is Senior Legal Adviser at the International Commission of Jurists.   http://www.project-syndicate.org/commentary/un-treaty-on-multinational-corporations-human-rights-standards-by-carlos-lopez-3-2021-10 http://www.icj.org/states-must-step-up-their-commitment-to-multilateral-rules-and-conclude-and-agreement-on-a-treaty-on-business-and-human-rights/ http://www.business-humanrights.org/en/latest-news/7th-session-of-the-un-intergovt-working-group-on-a-proposed-treaty-on-business-and-human-rights/ http://www.business-humanrights.org/en/big-issues/binding-treaty/ Visit the related web page
	Beirut blast survivors protest against suspension of probe by UN News, OHCHR, agencies Lebanon   4 Aug. 2022   Families demand justice two years on from devastating Beirut port blast   Beirut, Lebanon – Thousands of people gathered in remembrance of the Beirut Port explosion that devastated the capital two years ago and killed more than 200 people with demonstrators calling for those responsible to be held accountable.   Following a fire that broke out in one of the port warehouses, 2,750 crates of poorly stored ammonium nitrate exploded on August 4, 2020, injuring at least 7,000 and displacing more than 300,000 people.   Two years on, families are still fighting for justice as a local investigation into the explosion has been stalled by Lebanese politicians who have been charged or called in for questioning.   The evidence that has already emerged from investigations by rights groups, journalists, and Lebanese judges strongly suggests that high-ranking officials in government and the security forces knew about the risk from the ammonium nitrate stockpile and tacitly accepted it.   Families are demanding the UN Human Rights Council (UNHRC) send a fact-finding mission to Lebanon.   A group of families under the name August 4 Collective marched to the French embassy calling on French President Emmanuel Macron to support a United Nations fact-finding mission to Lebanon.   Mireille Bazergy Khoury – the mother of Elias Khoury, who was only 15 when the walls of his bedroom came crashing down on him after the explosion told the Al Jazeera news agency:   “We are stressing that we need now an international intervention … History will not be merciful with anyone who will not look into this violation; it will record those who did not do anything,” Khoury said.   “It wasn’t just Lebanese people who were killed… Therefore, it is not just a Lebanese issue, it’s an international issue and it’s about time they stand to their responsibilities … considering the HRC mandate is to look into the violation of human rights.”   Aug. 2022   UN rights experts call for international investigation into 2020 Beirut explosion   UN experts have called on the Human Rights Council to launch an international investigation into the massive explosion in Beirut two years ago that killed more than 200 people and decimated a vast swath of the Lebanese capital city, saying victims must have justice and accountability.   The powerful blast – in which a stockpile of ammonium nitrate stored in a port warehouse exploded on 4 August 2020 – destroyed 77,000 apartments, wounded 7,000 people, displaced over 300,000 more and left at least 80,000 children homeless.   “This tragedy marked one of the largest non-nuclear blasts in recent memory, yet the world has done nothing to find out why it happened," the experts said. "On the second anniversary of the blast, we are disheartened that people in Lebanon still await justice, and we call for an international investigation to be initiated without delay."   Shortly after the explosion, 37 UN human rights experts issued a joint statement calling on the Government and the international community to respond effectively to calls for justice and restitution.   Instead, the national investigation process has been blocked several times. Families of the victims have therefore appealed to the international community to establish an independent investigation under the Human Rights Council, hoping that an inquiry mandated through this multilateral system would give them the answers the Lebanese authorities have failed to provide.   The explosion and its aftermath have brought into focus systemic problems of negligent governance and widespread corruption, the experts said. Human rights experts who recently visited Lebanon found that responsibility for the explosion has yet to be established, affected areas remain in ruins and reconstruction funds from the international community have barely begun to reach beneficiaries.   Access to food is under serious threat. Lebanon imports up to 80 percent of its food, and the explosion damaged the nation's main entry point and grain silo, which partially collapsed a few days ago after catching fire earlier in July.   The tragedy has unfolded as the country descends into what the World Bank has described as a prolonged and "deliberate depression" caused by authorities themselves. People in Lebanon are struggling to access fuel, electricity, medicine and clean water; the currency has lost more than 95 per cent of its value over the past two years and the average inflation rate in June was about 210 per cent.   Some countries have promised to assist people in Lebanon after the blast but have not done enough to deliver justice and initiate an international investigation, the experts said.   http://www.ohchr.org/en/press-releases/2022/08/un-experts-call-international-investigation-2020-beirut-explosion http://www.theguardian.com/world/2022/aug/04/the-pain-gets-worse-lebanese-mark-second-anniversary-of-beirut-port-explosion http://www.france24.com/en/middle-east/20220804-victims-continue-to-fight-for-justice-two-years-after-deadly-beirut-port-blast http://www.hrw.org/news/2022/07/04/macrons-failed-promises-lebanon http://www.france24.com/en/middle-east/20211104-beirut-port-blast-investigator-forced-to-suspend-probe-for-third-time   * Report of UN Special Rapporteur on extreme poverty and human rights, Olivier De Schutter following his country visit to Lebanon: http://bit.ly/3P2uMVB   * Lebanon: Impact of crisis on children (May 2022): http://www.acap.org/country/lebanon/special-reports#container-1761   14 Oct. 2021   UN calls for end to violence in Lebanon following deadly Beirut clashes. (UN News)   UN Secretary-General Antonio Guterres on Thursday called for an immediate end to violence in Lebanon following deadly sectarian violence in the capital, Beirut, surrounding the on-going investigation into the August 2020 blasts in the port area.   Clashes erupted after gunmen fired on hundreds of people heading to a protest against the lead judge in the probe, organized by the militant group Hezbollah, which plays a major role as a political force in Lebanese politics, and its supporters, according to media reports.   At least six people were killed, and more than 30 injured. Nine suspects reportedly were arrested.   The Secretary-General was deeply concerned about the situation, his Spokesperson Stephane Dujarric told journalists in New York.   “The UN calls on all concerned to immediately cease acts of violence and to refrain from any provocative actions or inflammatory rhetoric,” he said.   “The Secretary-General reiterates the need for an impartial, thorough and transparent investigation into the explosion at the port of Beirut that took place last year.”   Multiple crises   Lebanon continues to grapple with numerous challenges, including economic and financial meltdown, political deadlock, and the devastating long-term impact of the port explosions, which killed more than 200 people. Nobody has yet been found accountable.   UN Special Coordinator for Lebanon Joanna Wronecka also issued a statement condemning Thursday’s violence.   She stressed the need for restraint, for maintaining calm and stability, and ensuring the protection of civilians.   ‘Dangerous’ polarization   Noting the “dangerous increase in polarization” around the investigation, Ms. Wronecka underscored the utmost responsibility of Lebanon’s leaders to place the interests of the country first at this critical juncture.   “Lifting Lebanon out of its current crisis and moving forward on reforms requires the efficient functioning of the state’s legislative, executive and judicial institutions,” she said.   “Now is the time for all sides to support judicial independence in the interest of the people,” she added.   The Special Coordinator also reiterated the UN’s unwavering support for the country and its people.   http://news.un.org/en/story/2021/10/1103092 http://www.theguardian.com/world/2021/oct/14/gunfire-beirut-protest-judge-leading-port-blast-inquiry http://www.amnesty.org/en/latest/news/2021/09/lebanon-suspension-of-investigation-into-beirut-blast-points-to-authorities-brazen-attempts-to-obstruct-justice/ http://www.hrw.org/report/2021/08/03/they-killed-us-inside/investigation-august-4-beirut-blast http://carnegie-mec.org/diwan/85057 http://carnegie-mec.org/specialprojects/decodingLebanon/   * The United Nations Economic and Social Commission for Western Asia reports that three-quarters of Lebanon’s residents are living in poverty: http://bit.ly/3oPRpmw
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