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Article

5 Dec 2014

Author:
John G. Ruggie, Harvard Univ., Former UN Special Representative for Business & Human Rights

John Ruggie calls for redoubling of efforts to implement UN Guiding Principles in parallel with treaty process at UN Forum

Let me stress at the outset that, given my commitment to “a smart mix of measures,” I see no intrinsic contradiction between implementing the Guiding Principles, on the one hand, and further international legalization, on the other. Therefore, I urge in the strongest possible terms that as the treaty negotiations unfold, we resist any attempt to polarize the debate as one between the Guiding Principles and a treaty...Much more needs to be done, as I am the first to stress. But let me ask this of those who still harbor doubt about the Guiding Principles’ utility: how many treaties dealing with comparably complex and controversial subjects do you know of that generated this level of activity within three years of their adoption? I know of none....[Regarding further international legalization:] [T]he larger the number and the greater the diversity of home countries of transnational corporations, the more complex the process of international legalization becomes in this space...[A] human rights treaty focused exclusively on transnational corporations is highly problematic...The crux of the problem is this: while business and human rights may be a single label that we attach to a range of activities, it is so vast, diverse, and conflicted an issue area that it does not lend itself to governance through a single set of comprehensive and actionable treaty obligations...[On the way forward:] First, we need to redouble efforts to implement and build on the Guiding Principles—or to start the process where it has not yet begun...Second, we need to identify specific gaps that the Guiding Principles and other such means cannot reach, and then assess options for narrowing those gaps based on evidence about which are likely to be the most effective and achievable where it matters most: in the daily lives of people...