Business and Human Rights:Study on Ruggie Principles
|Keywords||Ruggie principles Corporate social responsibility State obligation Human rights due diligence|
Human rights and human rights protection issues both last for a long time. The development of economy and the emergence of industrial and commercial enterprises make labor rights protection become a hot issue in the field of human rights study, from the Universal Declaration of Human Rights to the International Covenant on Economic, Social and Cultural Rights, labor rights protection has been further defined and developed. In1970s, with the development of economic globalization, some industrial and commercial enterprises start transnational operations, then how to implement all-round human rights protections in the field of industry and commerce under the international human rights system, make the industrial and commercial enterprises fully fulfill its social responsibility, respect and protect human rights have become new international problems. After long-term efforts of the international community and relentless prompt of the United Nations, ruggie principles arise at the historic moment. In June2011, the UN Human Rights Council endorsed the "Guiding Principles on Business and Human Rights:Implementing the United Nations’Protect, Respect and Remedy’Framework" in its resolution, which were developed by John Ruggie, the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. These Guiding Principles are grounded in recognition of:(a) States’existing obligations to respect, protect and fulfill human rights and fundamental freedoms;(b) The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights;(c) The need for rights and obligations to be matched to appropriate and effective remedies when breached. These Guiding Principles apply to all States and to all business enterprises, both transnational and others, regardless of their size, sector, location, ownership and structure, which provide clear norms and guidance for country fulfill its human rights protect function and business enterprise implement its human right due diligence, establish nation’s human rights protect obligation and enterprises’human rights responsibility, make legal remedies for enterprise human rights violations definite.Ruggie principles were widely welcomed by many governments, international organizations, industrial and commercial enterprises, they all promised to support Ruggie principles and embarked on series of actions to carry out and implement the principles. In order to realize long term and sustainable development of the industrial and commercial enterprises in our country, we should fully follow the guidance and requirements of Ruggie principles, to further improve the human rights protection mechanism in industry and commerce. Government departments should encourage, coordinate and supervise industrial and commercial enterprises through a variety of ways, require enterprises to complement human rights due diligence by fully perform its regulation function; by making enterprises’human rights due diligence a regulatory compliance requirements, establishing human rights reward system and transparency disclosure mechanism in enterprises, urged enterprises to respect human rights. Industrial and commercial enterprises should strive to construct corporate culture, do not derogate respect for human rights, lead the enterprises with right incentives and effective human rights protect mechanism; establish a full range of human rights measure and review mechanism in enterprises, build an open and trust enterprise environment, implement investigations and conflict management on human rights problems, integrate business operation and human rights protection, care about and respect human rights, listen to human rights problems and fix them in time, fully implement human rights due diligence.