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Sources in International Human Rights Standards

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Amnesty International has produced an introductory checklist of human rights principles to assist multinational companies. Following are the international human rights standards upon which these principles are based. They are taken from: the Universal Declaration of Human Rights (UDHR), Conventions of the International Labour Organisation (ILO), the United Nations (UN) Basic Principles on the Use of Force and Firearms, the UN Code of Conduct for Law Enforcement Officials and the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy.

Other international human rights standards are also essential sources for the development of respect for human rights by companies. Treaties which should be promoted include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Cultural and Social Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the International Convention on the Elimination of All Forms of Racial Discrimination, and the International Convention on the Rights of All Migrant Workers and Members of Their Families.

Further relevant international standards may include the Organization for Economic Cooperation and Development Guidelines for Multinational Enterprises, and the Principles Governing Conventional Arms Transfers of the Organization for Security Cooperation in Europe, even though such standards are not international law.

1. Company Policy on Human Rights

Universal Declaration of Human Rights, preamble: The UDHR is proclaimed as a common standard of achievement for all peoples and all nations: "to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of member States themselves and among the peoples of territories under their jurisdiction"

The OECD Guidelines for Multinational Enterprises state that: "Every state has the right to prescribe the conditions under which multinational enterprises operate within its national jurisdiction subject to international law and to the international agreements to which it has subscribed..."

2. Security

UDHR Article 3: "Everyone has the right to life, liberty and security of person"

UDHR Article 5: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."

UDHR Article 9: "No one shall be subjected to arbitrary arrest, detention or exile"

UN Code of Conduct for Law Enforcement Officials includes provisions that: "...(2) In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons. (3) Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty." (4) matters of a confidential nature in the possession of law enforcement officials shall be kept confidential, unless the performance of duty or the needs of justice strictly require otherwise (5) No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman, degrading treatment or punishment, nor may a law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment...."

UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials elaborates on point 3 of the UN Code, and includes the requirement that: "(4) law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. They may use force and firearms only if other means remain ineffective...(9) Law enforcement officials shall not use firearms against persons except in self defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only where less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life. (10) In the circumstances provided for under principle 9, law enforcement officials shall identify themselves as such and give a clear warning of their intent to use firearms with sufficient time for the warning to be observed, unless to do so would unduly place the law enforcement officials at risk or would create a risk of death or serious harm to other persons..." The Principles set out standards for rules and regulations governing the use of firearms, for the dispersal of unlawful assemblies, the treatment of persons in custody and for the training of law enforcement officials in the use of force.

Principles Governing Conventional Arms Transfers of the Organization for Security Cooperation in Europe stipulate that "each participating state will avoid transfers which would be likely to be used for the violation or suppression of human rights and fundamental freedoms."

3. Community Engagement

UDHR Article 26: "(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace."

UDHR Article 21: "(1) Everyone has the right to take part in the government of his or her country, directly or through freely chosen representatives. (2) Everyone has the right to equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures."

ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, introduction: "Multinational corporations.....can help develop countries both economically and socially. They can also abuse this power by operating in a way that conflicts with the workers' and country's best interests."

4. Freedom from Discrimination

UDHR Article 2: "1. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty."

ILO Convention 100: on Equal Remuneration for Men and Women Workers for Work of Equal Value.

ILO Convention 111: on Discrimination in respect of employment and occupation.

ILO Convention 165: on Workers with Family Responsibilities

5. Freedom from Slavery

UDHR Article 4: "No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms".

ILO Conventions 29 and 105: on the Abolition of Forced or Compulsory Labour

ILO Convention 138: on the Minimum Age for Admission to Employment

6. Health and Safety

UDHR Article 3: "Everyone has the right to life, liberty and security of person."

There are numerous ILO Conventions in this area.

ILO Convention 155 on Occupational Safety and Health relates to general provisions, and other Conventions relate to protection in specific areas of work.

7. Freedom of Association and Right to Collective Bargaining

UDHR Article 20: "(1) Everyone has the right to freedom of peaceful assembly and association.(2) No one may be compelled to belong to an association."

UDHR Article 23: "(4) Everyone has the right to form and to join trade unions for the protection of his interests."

ILO Convention 87: on the Freedom of Association and Protection of the Right to Organise

ILO Convention 98: on the Right to Organise and Collective Bargaining

ILO Convention 135: on Workers Representatives

8. Fair working conditions

UDHR Article 23: "(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection."

UDHR Article 24: "Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay."

There are numerous ILO Conventions relating to this area, including the following:

• ILO Convention 95 and 131 on wages
• ILO Conventions 14 and 106 on weekly rest
• ILO Convention 132 on holidays with pay

SOURCE: Human Rights Principles For Companies. Amnesty International. January 1998 (AI Index: ACT 70/01/98)

Learn More:

• Start Taking Responsibility:
  Introduction to Human Rights Principles for Corporations
• Doing Right:
  A Human Rights Checklist for Corporations

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