Item 4: Working Group on the Working Methods and Activities of Transnational Corporations

Mr. Chairperson,

1. Pax Romana welcomes the presentation given by the Sub-Commission Expert, Mr.David Weissbrodt concerning the Norms on the Responsibilities of TNCs and Other Business Enterprises with regard to human rights contained in document E/CN.4/Sub.2/2003/12 and the accompanying Commentary in document E/CN.4/Sub.2/2003/38.  Particularly, Pax Romana appreciates the inclusion of the Plan of Implementation of the WSSD 2002 in the Preamble (PP 4).  Mr. Chair, during the five decades, human rights norms and standards of the UN-HR bodies have emerged as one of the most powerful and durable ethical systems defining the behavioural characteristics of most of all global actors.  We situate current text of norms in that context.
2. At the WSSD 2002 which took place at Johannesburg, corporate accountability and corporate social responsibility were one of the main components of advocacy for inclusion in the POI by NGOs and some other major stakeholders.  This was not easy and we did not achieve towards a more inclusive legally binding language.  On the other hand, the work carried out by this WG. of the Sub-Commission on a legal framework on norms concerning TNCs was hardly known to most of the stakeholders of the WSSD.
3. In this connection, Pax Romana recommends that it would be relevant to include the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families which has entered into force since July 2003.  The primary reason being that migrant workers in many countries form a substantial portion of the work force of the TNCs and they do definitive recognition.
4. Pax Romana also recommends in the present on going efforts of gender mainstreaming throughout the UN system, to mention specifically its inclusion in all the relevant paragraphs including subsections C and D.  Gender Streaming was the central component at all levels of the recently concluded substantive session of ECOSOC and it is specifically mentioned in paragraph 3 of the annotations to the provisional agenda of this session in document E/Cn.4/Sub.2/2003/1/Add.1.  As the acting High Commissioner on Human Rights recently stated in his statement to the ECOSOC: "Gender is a natural part of the human rights agenda as much as women's rights are a crucial part of the gender mainstreaming agenda". (HC/03/37 of 17.7.03)

Mr. Chairperson, in reviewing the Norms presented, Pax Romana wishes to raise some specific concerns based on ground realities:

1. Recently, we have been witnessing especially in the USA, the efforts of pharmaceutical TNCs seeking the protection of federal authorities of the current administration towards safeguarding their self interests concerning access to medication in the case of health emergency situations, including the HIV/AIDS pandemic and others.  Eventhough these measures were agreed upon at the WTO ministerial conference at Doha for less protectionist approaches regarding health emergency situations, particularly in the developing countries including the LDCs.
2. In a number of armed conflict situations, especially in a number of African countries, the activities and methods of the TNCs in collusion with the actors raise serious concern.  For instance, the Ituri province of the Democratic Republic Congo amidst the gruesome tragedy, the extraction of Coltan and its transfer to specific destinations where manufacturing  of mobile phones is in place.  This particular zone supplies nearly 80% of global demand.  The conflict continues with innumerable sites of suffering and the market for Coltan is flourishing.
3. In Liberia, two thirds of its forestry was devastated by one particular timber Corporation, displacing people as well as depriving their livelihoods.  This scramble for resources by the TNCs in environmentally soft countries constitutes one of the key factors for fuelling conflicts.  In the Liberian case, the earnings as we know from the media, to the tune of 4 billion dollars is now in the Swiss banks.
4. What will be the norms for such activities and methods of the TNCs in armed conflict zones where massive and flagrant human rights violations take place?  How does address such human rights and humanitarian concerns including reparation?

Mr. Chair, address in the general provisions of implementations under section H, as well as the general obligations under section A, there is an urgent need to be specific in mentioning the focal point within the State machinery for compliance and enforcement.  As was said often at the WSSD 2002, many State obligations are rarely well-coordinated among the line ministeries within a State machinery.  For example between Trade, Environment and Foreign Affairs.  This was particularly mentioned by an high ranking UNECE officials even in the case of European countries.  Hence this question of implementation deserves much more rigorous attention.

Concluding, Pax Romana suggests that the implementation could be situated within the national protection system as envisaged by the Office of the High Commissioner for Human Rights.

Thank you, Mr. Chairperson.