Satement by the World Organisation against Torture (OMCT)
to the Working Group
on the Working Methods and Activities of Transnational Corporations

Mr. Chairman,

The World Organisation against Torture (OMCT) is today the largest coalition of NGOs fighting against torture, summary executions, forced disappearances and other forms of cruel, inhuman or degrading treatment. With a network of 261 NGOs located around the world OMCT has developed, within its Programme on Economic, Social and Cultural Rights, an approach putting into practice the indivisibility of all human rights and looking at the issue of companies' involvement in human rights violations.

Companies' involvement in human rights violations and their failure to respect human rights in countries where they carry out their operations is, today, often matched by their unwillingness to bear any responsibility with regard to the enjoyment of all human rights. In parallel, while under international human rights law and the principle of due diligence States are responsible for guaranteeing that private entities, including companies, do not deprive individuals of their human rights, they are often unable or unwilling to do so. As a result, companies are, to date, often operating in a climate of impunity.

In this respect, OMCT strongly supported the development of the Draft norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights and has been working, since 2001, in close collaboration with the Working Group in providing comments, proposals and modifications to the subsequent drafts.

In their current form, the Draft norms allow the issue of companies' responsibility for human rights violations to be addressed by clearly identifying and bringing together existing human rights obligations that are relevant to companies. The implementation measures foreseen by the Draft norms represent fundamental steps towards the protection, compensation and rehabilitation of individuals confronted with corporate complicity in human rights violations. In this respect, OMCT welcomes the fact that the Draft norms apply to all companies, regardless of their structure, economic leverage or international nature.

Over the last two months, OMCT has released two urgent appeals -one on Cambodia and one on Egypt- where companies were involved in human rights violations.

In Egypt (Case EGY 290703. ESCR), between 25 May and 1 June 2003, the Daewoo Motor Car Factory reportedly pressured 125 workers to resign from their positions by making false accusations against those who objected to do so and threatening them with being fired. As a result, 112 workers reportedly resigned and eight were fired. Another five workers alleged that Daewoo Motor Car forged their resignation documents. Daewoo Motor Car allegedly forced workers to resign because the Egyptian labour law in force at that time, prohibited employers from laying off workers for economic reasons. Daewoo Motor Car is a sub-contractor for Daewoo, a car manufacturer based in Korea.

In Cambodia (Case KHM 270603. ESCR), on June 13th 2003 the police killed a factory worker of the Terratex Knitting and Garment Factory, Ltd. The police opened fire on a peaceful demonstration of workers seeking the reinstatement of a union leader who had been fired. This union leader reportedly played a key role in supporting the factory workers' request for time off, the removal of a senior manager considered to be corrupt and better working conditions, including a reduction in forced overtime work and an increase to their monthly salary from USD 30 to USD 45. Terratex is one of 10 largest garment factories in the south of Phnom Penh, most of which are foreign-owned. Terratex reportedly produces clothing for the Gap.

In both cases the Draft norms, if adopted, would have been very useful to monitor this situation, to determine the applicable elements of international human rights law, address the responsibilities of the subcontractors and the main companies, hold them accountable, and identify measures that need to be taken in order to guarantee adequate protection, compensation and rehabilitation of the victims.

In this respect, OMCT strongly supports the adoption of the Draft norms by the Working Group, as well as the establishment of a mechanism mandated to receive information concerning companies' involvement in human rights violations and to make appropriate recommendations. In doing so, OMCT strongly urges the Working Group to also adopt the commentaries to the Draft norms, as they constitute fundamental interpretation tools and remain essential for the effectiveness, efficiency and full understanding of the Draft norms.

I thank you Mr. Chairman.

BACK