Global Strategy to Prevent Transnational Corporations and Other Business Enterprises from Violating Human Rights

Director Tomoya Sato (Osaka University, 4th grade)
Agenda Global Strategy to Prevent Transnational Corporations and Other Business Enterprises from Violating Human Rights
Committee Human Rights Council

Words from Director

Thank you for visiting this webpage. In this conference, you are going to discuss the topic on “Business and Human Rights”. This conference is different from any other MUN activities you have experienced, because it involves business enterprises and NGOs as well as delegates of states. Participants are required to deal with the conflict of interests of multiple actors. This conference welcomes those who can enjoy challenging negotiations among participants from around the world.

Concept of Committee

The concept of this conference is “Challenge the Unchallenged”, which has double-meaning; one of the meanings is that tackling this agenda item must be a “challenging” work for the international community. In this agenda item, what must be focused on is the activities of business enterprises, but this is quite difficult for international organizations.This is because business enterprises are “private actors”. There is no binding instrument which directly regulates private actors. What can we do in such situation? How can we establish effective solutions?
Second meaning is that the circumstance that to be discussed in the conference is very challenging. In this conference, business enterprises and NGOs are also come to the negotiating table. Furthermore, the range of interests is very varied even within a state. Participants are required to persuade others and collaborate with them in order to reach the solutions.

Agenda

Our agenda item is “Global Strategy to Prevent Transnational Corporations and Other Business Enterprises from Violating Human Rights”. Then, what is “human rights violation by corporations”? Here are some examples:"
In India, a famous beverage producer was sued for excessive use of ground water and thereby the local people were not able to continue their farming. In another case, some NGOs have issued reports [revealing] that workers are forced to work extremely long hours or to work under harsh environment in a subcontract factory of Japanese apparel company.
It is becoming fiercer, but the international community has not submitted vital international solutions, since there is a huge gap between developing and developed countries in term of governance capacity.
When it comes to human rights violations, you might imagine treaties such as the Human Rights Declaration or the International Covenants of Human Rights. The problem is that all of these treaties target human rights violations by “States”, not by transnational corporations. How should we respond to the current situation? What kind of measures should we take? These are the questions we will be working on.
Our agenda item has been discussed in UN Human Rights Committee for decades, The characteristic of this committee is to inviting a variety of people(NGO members, professors, researchers in international institutions and delegates of states etc.)and the content of discussion is more concrete and practical.

Discussion Topics

This conference set out two issues for developing solutions for “human rights violation by corporations”. First issue is “Ensuring Human Rights Due Diligence”. “Human Rights Due Diligence” is a process which examines adverse human rights impacts that the business enterprise may cause or contribute to through its own activities, or which may be directly linked to its operations, products or services by its business relationships. This is a preventive approach toward human rights violation. Business enterprises are responsible for monitoring whether there exists human rights abuse in their supply chain. In this issue, participants are expected to discuss what kind of effort the international community requires business enterprises to make and how it is made sure business enterprises put that into practice. Second issue is “Realizing Access for Effective Remedy”. In this issue, participants will talk about a responsive approach, which means that how it is made possible to provide victims with access to judicial or non-judicial remedies which would work after human rights abuse happened in business. For example, there are some cases where victims in developing countries have no choice but to giving up to bringing a case because of the underdeveloped legal framework of their country. Furthermore, if they intend to bring a case to court in the home country of the offending enterprise, they cannot do so because of an incredible cost of transnational litigation. These are a part of the obstacles victims are faced with. Participants will discuss how to make it possible for victims to overcome obstacles that stand in the way of effective remedies.

Ideal Participants

We welcome the delegates those meeting the following standards, it gives you a fruitful experience.
●Those who want to enjoy negotiation
As explained above, there are a variety of actors and interests. In this situation, participants are expected to co-create solution. Participants, taking a different role, have to figure out on what point they are reach an agreement.
Participants should persuade others into doing what they want to put into action. Tough negotiation is the key to success.
●Those who is interested in learning the relation between Business and Human Rights/How does Human Rights issue have a relation to your dairy life?
Learning about “Business and Human Rights” gives you a lot of findings. Including a cup of coffee that you had in the morning, the electric devices and the clothes, everything is produced around the world. Perhaps, you are getting involved in human rights violation by buying products. After this conference, you may have a different perspective when you buy something.

Country List

* Single / Pair Delegates will be accepted.
* If you prefer being a single delegate, please make it clear in the application form.
* A single Delegate cannot simultaneously discuss two different agendas in a committee (usually a committee has 2 agendas to be debated)

*Observer

Tips for deciding Country

As a hint for choosing what to take charge of, this part gives brief explanation on each role.
To begin with, states are divided into developing and developed country.
Developing countries are generally attempt to establish regulations for business enterprises. So, those who will have charge of these countries, must explain the necessity of creating solutions and involve others into their own suggestion.
On the other hand, developed countries will not be taking the positive reaction for regulation because they have a lot of multinational corporations in their country. But this doesn’t mean that all developed countries are doing nothing. Some European country has taken measures to require corporations to commit to Human Right Due Diligence. Consequently, those who take charge of developed countries carefully analyze the business in the country and figure out what is acceptable and what is not acceptable.
Next, participants who are going to play the role of multinational corporation must excel at “defense”. In this conference, it is presumed that corporation will be asked to take responsibilities for a variety of aspects. In this case, the representatives of corporation must explain clearly what is possible and what is impossible.
Finally, those who take the role of NGOs are expected to involve other participants into taking effective measures for eliminating human rights abuse by corporation. The most important characteristic of NGOs is that NGOs don’t have common interests with corporation. NGOs are expected to convey the severity of the problem to other participants and take a lead of the discussion.

Dais

Director/Tomoya Sato/Osaka University/Senior
Vice Director/Miyabi Murata/Sophia University/Senoir
Chairperson/Fahmida Faiza/Founder of LIGHTHOUSE IMPERIUM, alumnus of University of London
Secretary/Daiki Matsuda/The University of Tokyo/Senior
Secretary/Nanako Ueda/ Kobe City University of Foreign Studies/Senior
Press/Lee Shing Ho/Osaka University/Freshman
Press/Maria Gunji/Osaka University/Freshman