Human Rights and Non-state Actors
What are non-state actors?
The concept of non-state actors is usually agreed as containing any entity that is not really
a state, frequently used to refer to armed groups, terrorists, civil society, religious groups, or
corporations; the concept is occasionally used to encompass
inter- governmental organizations.
Non-state actors piece a key part in foreign policy production of nation-states and
considerably influence their foreign policy behaviour.
As explained under Section 1 of the Handbook, there are four groups of non-State actors:
NGOs, private sector entities, philanthropic foundations and academic institutions.
International Organisations
IOs can have possess legal personality - ICJ Reparation for Injuries Suffered in the Service of
the United Nations (Advisory Opinion) can bear rights and obligations under international
law
Treaties binding on IOs + customary international law
BUT IOs are not parties to human rights treaties (exception: European Union)
UN Peacekeeping and NATO - Behrami v France and Saramati v France Germany and
Norway (ECHR) – UN responsibility “ultimate authority and control”
Human rights and corporations
A corporation is an entity that legally is separated from its members, which holds its own
personality and can hold rights and obligations in its own name. a multinational corporation
is exisiting and running businesses in multiple jurisdictions. They are large transactional
business chains controlled by multinational enterprises.
What kind of rights may be affected by business activity?
Labour rights and working conditions, this can include slavery and trafficking
Environmental degradation, for example resources extraction
Freedom of assembly
Non-discrimination
, Corporate Social Responsibility
Corporate Social Responsibility is a running concept whereby companies
integrate social and environmental concerns in their business processes and connections
with their stakeholders.
The persistence of business social responsibility is to provide in return to the community.
Businesses are progressively turning to CSR to make a change and build a positive trademark
around their company.
What is CSR strategy?
It is s an organization's obligation to consider the interests of their customers, employees,
shareholders, communities, and the ecology and to consider the social and environmental
consequences of their business activities.
The four types of Corporate Social Responsibility are philanthropy, environment
conservation, diversity and labour practices, and volunteerism.
The principles of Corporate Social Responsibility are not based on creating new law, instead
they provide what should constitute best practice.
UN Special Representative John Ruggie proposed a framework on business & human rights
to the UN Human Rights Council in June 2008, resting on three pillars:
Protect the state duty to protect against human rights abuses by third parties,
including business
States must protect against human rights abuses by third parties including business
enterprises. This requires taking appropriate steps to prevent, investigate, punish
and redress such abuse through effective policies, legislation, regulations and
adjudication.
RESPECT the corporate responsibility to respect human rights
The respect pillar holds that corporations should respect human rights, undertaking
due diligence to ensure that their conduct does not infringe upon any right.
REMEDY greater access by victims to effective remedy, both judicial and non-judicial
A binding treaty on Business and Human Rights
Brief overview:
2014: In June, the UN Human Rights Council in Geneva adopts a resolution drafted by
Ecuador and South Africa. An open-ended intergovernmental working group (IGWG),
chaired by Ecuador, is established with the mandate to elaborate an international legally
binding instrument on Transnational Corporations and Other Business Enterprises with
respect to human rights.
2017: The Chair issues Elements for the draft legally binding instrument.
What are non-state actors?
The concept of non-state actors is usually agreed as containing any entity that is not really
a state, frequently used to refer to armed groups, terrorists, civil society, religious groups, or
corporations; the concept is occasionally used to encompass
inter- governmental organizations.
Non-state actors piece a key part in foreign policy production of nation-states and
considerably influence their foreign policy behaviour.
As explained under Section 1 of the Handbook, there are four groups of non-State actors:
NGOs, private sector entities, philanthropic foundations and academic institutions.
International Organisations
IOs can have possess legal personality - ICJ Reparation for Injuries Suffered in the Service of
the United Nations (Advisory Opinion) can bear rights and obligations under international
law
Treaties binding on IOs + customary international law
BUT IOs are not parties to human rights treaties (exception: European Union)
UN Peacekeeping and NATO - Behrami v France and Saramati v France Germany and
Norway (ECHR) – UN responsibility “ultimate authority and control”
Human rights and corporations
A corporation is an entity that legally is separated from its members, which holds its own
personality and can hold rights and obligations in its own name. a multinational corporation
is exisiting and running businesses in multiple jurisdictions. They are large transactional
business chains controlled by multinational enterprises.
What kind of rights may be affected by business activity?
Labour rights and working conditions, this can include slavery and trafficking
Environmental degradation, for example resources extraction
Freedom of assembly
Non-discrimination
, Corporate Social Responsibility
Corporate Social Responsibility is a running concept whereby companies
integrate social and environmental concerns in their business processes and connections
with their stakeholders.
The persistence of business social responsibility is to provide in return to the community.
Businesses are progressively turning to CSR to make a change and build a positive trademark
around their company.
What is CSR strategy?
It is s an organization's obligation to consider the interests of their customers, employees,
shareholders, communities, and the ecology and to consider the social and environmental
consequences of their business activities.
The four types of Corporate Social Responsibility are philanthropy, environment
conservation, diversity and labour practices, and volunteerism.
The principles of Corporate Social Responsibility are not based on creating new law, instead
they provide what should constitute best practice.
UN Special Representative John Ruggie proposed a framework on business & human rights
to the UN Human Rights Council in June 2008, resting on three pillars:
Protect the state duty to protect against human rights abuses by third parties,
including business
States must protect against human rights abuses by third parties including business
enterprises. This requires taking appropriate steps to prevent, investigate, punish
and redress such abuse through effective policies, legislation, regulations and
adjudication.
RESPECT the corporate responsibility to respect human rights
The respect pillar holds that corporations should respect human rights, undertaking
due diligence to ensure that their conduct does not infringe upon any right.
REMEDY greater access by victims to effective remedy, both judicial and non-judicial
A binding treaty on Business and Human Rights
Brief overview:
2014: In June, the UN Human Rights Council in Geneva adopts a resolution drafted by
Ecuador and South Africa. An open-ended intergovernmental working group (IGWG),
chaired by Ecuador, is established with the mandate to elaborate an international legally
binding instrument on Transnational Corporations and Other Business Enterprises with
respect to human rights.
2017: The Chair issues Elements for the draft legally binding instrument.
