International Human Rights

Lesson 3: Human Rights and Surrounding Considerations

Session 3.3 – Private Actors

What of private actors, in particular large corporations, that maintain strong influence in states – do they account for international human rights in any manner? Is there a particular role for human rights in this sense? Note that international corporations (either multi-national corporations or trans-national corporations) maintain strong economic power. Some even have product turnovers in dollar terms that are larger than the majority of a state’s gross domestic product! Thus, corporate giants are major players in the international scene, sometimes wielding strong influence on a state that desires to improve its employment situation and hence desires a corporation to maintain a presence in its borders. Furthermore, the majority of the large corporations emanate from the US and Japan, with most of the rest coming from Western Europe, Thus, an appreciation, or at least cognizance of human rights is a factor as well.

It should be noted that despite our calls for a free market, one should not forget that in all states some form of market regulation occurs, be it via anti-trust (anti-monopoly) laws or via other forms of regulations. Thus, one can assert that there also exist some forms of openings for including human rights norms as part of these regulations. Whether that will or will not occur in any formalized sense in the future, it demonstrates that even with notions of market shares and economic growth, a corporation will somehow, eventually, account for the issue of human rights.

The key basis for asserting human rights then within the large corporations that operate worldwide is to make the case that human rights enhance stability, thereby leading to a greater economic return. Furthermore, there is a key argument regarding the importance of public relations. Unlike a state that might not pay as much attention, a corporation eventually desires to sell its products to consumers, generally those from the wealthier Western countries where human rights could become n important issue. Thus, for a corporation to assert that it does not rely on child or prison labor is of seminal importance to how the corporation is perceived by the consumer. This is a delicate and important factor that should not be overlooked.

The question is, of course, from whence derives the pressure on corporations to uphold international human rights? Let us consider three possible avenues. One is the United Nations. The UN is difficult since it was created to address relations between states. Yet, it can serve an influential role like creating international standards, encouraging corporations to invest in a state pursuant to proper principles, or act via other UN bodies like the International Labor Organization or even the World Trade Organization.

The public relations side id a major factor, generally deriving from NGOs and other forms of activists. Activities here have been somewhat successful, such as having companies divest their assets in South Africa during Apartheid. The methods have been agreements with the corporations, like Nike having NGOs visit sites to ensure there is no child labor, or filing complaints in domestic courts, such as claiming that Burma was using forced labor to produce goods. Furthermore, swaying public opinion is a key factor given that the corporation is most exposed when confronted with the prospect of losing customers.

Finally, it is possible that states will impose demands on a corporation, such as trading tax benefits for the creation of a proper social infrastructure within the corporation or for ensuring payment of minimum wage. States also have an influential role on corporations by putting forward standards or encouraging corporations to act responsibly.

International human rights play a central role in these aforementioned actions. Human rights provide the context for comparison as well as the basis for making an assertion against a corporation. What is interesting however is that involving the corporation in the human rights struggle places a private actor at the forefront? The corporation can serve both as a platform for upholding human rights (such as mentioning its standards on its products) as well as be subject to various standards outside of its control (such as being subject to a negative public relations campaign.

OPTIONAL READING: Forsythe, 191-215

  1  2  3  4