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The United Nations Human Rights Council. (Archive photo) © Salvatore Di Nolfi/Keystone/dpa
The United Nations is negotiating how human rights violations by companies can be better punished. Germany must participate.
For ten years, the United Nations has been negotiating an international convention to protect against human rights violations by business enterprises – so far without the active involvement of the German government. The initiative for such an internationally binding pact was born out of the problem that primarily countries in the global south are facing: How can multinational companies be prosecuted under civil law for human rights violations?
German companies also commit human rights violations
In the course of negotiations, the scope of the planned pact was expanded to include all companies. This is because national companies also often ignore human rights in their business. The financial sector generally even rejects responsibility on the pretext that it has no influence on the use of its loans and investments. Governments, on the other hand, intervene far too rarely – including the German federal government.
For example, in the case of a loan from ING Diba, which was insured by the German government, for a bauxite mine in Guinea, which is dredging away the livelihoods of the local people. Or in the case of investments by German financial actors, including state development banks, in Cambodian microfinance institutions, which are driving poor sections of the population into hardship and hunger through horrendous interest demands. Only the persistent work of human rights organizations has caused the German government to question its involvement.
German and EU governments must do more – supply chain law falls short
The German and The EU supply chain law does not go far enough when it comes to such human rights violations by commercial enterprises. Although they require due diligence obligations, they do not make companies responsible for making amends for violations. The application of the law to financial sector transactions is even to be excluded in German law. The EU wants to examine the need for its inclusion first.
An internationally binding convention is therefore needed for more effective human rights protection. This should also remove obstacles to access to justice for those affected. If the Federal Government is serious about its commitment to human rights, it must actively campaign for an effective UN convention to regulate all commercial enterprises.
The author is an expert on international human rights policy at the human rights organisation FIAN
