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의견

2024년 11월 18일

저자:
Luc Triangle, ITUC

Why the Business and Human Rights Treaty must prioritise workers’ rights

By Luc Triangle, General Secretary, International Trade Union Confederation 

The ongoing negotiations for a binding treaty on business and human rights offer a critical opportunity to advance global business conduct standards and human rights, including the fundamental right of workers to freedom of association and collective bargaining.

As the International Trade Union Confederation (ITUC), representing over 191 million workers globally, we believe this treaty's success hinges on protecting the most vulnerable in global supply chains. It must hold transnational corporations accountable and ensure that workers' rights are non-negotiable. This is a call for justice, not just reform.

For nearly a decade, the ITUC and Global Union Federations (GUFs) have pushed for a strong, enforceable treaty to close loopholes in international law that allow unchecked human rights abuses by businesses. This is about addressing the long-standing prioritisation of corporate interests over human rights. It is a unique chance to correct the imbalance between corporations and working people.

Why workers matter in the Business and Human Rights framework

Workers are on the front lines of the global economy, producing the goods and services that generate profits, yet they often face unsafe conditions, denial of trade union rights and exploitation, particularly in complex supply chains. For civil society organisations, investors, and companies committed to human rights, it is clear: a Business and Human Rights Treaty that fails to protect workers fails to protect human rights.

Trade unions’ involvement in the negotiation of this treaty is part of our broader defence of a key value of our movement: democracy. As seen in our For Democracy campaign, democracy is not just a political concept - it is a fundamental pillar of the workplace. Real democracy cannot exist in societies where corporations can violate trade union rights with impunity.

That is one reason why the ITUC released its first-ever list of “Corporate Underminers of Democracy”, and launched its petition for a binding treaty to help rein in these corporations. When workers' rights are violated, the impact ripples through entire communities and economies. Companies that ignore these abuses, knowingly or not, risk complicity. Therefore, the treaty must hold businesses accountable not only for their direct operations but also for their suppliers, contractors and subsidiaries. Ignoring these responsibilities perpetuates exploitation-driven corporate profits.

Key aspects the treaty must address

The ITUC has been clear about the essential components for the binding treaty:

  • Comprehensive coverage of human rights: The treaty must cover all internationally recognised human rights, including labour rights. Freedom of association, the right to organise and safe working conditions are fundamental, not optional.
  • Applicability across all businesses: All companies, regardless of size or sector, must be held accountable. Exempting certain businesses leaves millions of workers unprotected and sets a dangerous precedent.
  • Extraterritorial regulation: Victims of corporate human rights abuses, particularly in transnational contexts, must have access to justice wherever the abuse occurred. States must hold corporations accountable for actions abroad, ensuring avenues for redress.
  • Human rights due diligence: Companies must adopt and implement human rights due diligence policies. Identifying, preventing and addressing human rights risks before they materialise is crucial. Businesses must engage proactively to prevent abuses, not react only after media exposure.
  • Strong enforcement mechanisms: A treaty without enforcement is meaningless. It must establish a robust international monitoring and enforcement system. A patchwork of voluntary standards has proven inadequate—legally binding regulation is now needed.

Workers’ rights: a core issue for responsible business

For businesses aiming to lead in sustainability and human rights, protecting workers is essential. Companies that embrace their responsibilities towards workers benefit from improved productivity, lower reputational risks, and stronger stakeholder relationships. Investors increasingly seek assurance that companies are effectively managing human rights risks. The binding treaty provides a framework for businesses to operate responsibly in a globalised world.

Civil society organisations have long advocated for workers' rights, exposing abuses and supporting victims. A strong binding treaty would equip these organisations to continue their vital work and hold companies and governments accountable. The treaty must recognise workers and their unions as central to the human rights agenda, ensuring their voices are heard in developing and implementing human rights policies.

Towards a new social contract

The binding treaty is not just about preventing abuses; it is about rebuilding the global economy on fairness, equity and respect for human rights. It is part of a broader call for a new social contract where businesses, governments and civil society collaborate to create an economy that serves people, not just profits.

For investors, the treaty offers a path to more stable, sustainable returns. Exposed human rights abuses lead to operational disruptions, legal risks and reputational damage. By supporting a strong, enforceable binding treaty on business and human rights, investors foster a business environment that is both profitable and ethical.

For companies, the treaty builds trust, mitigates risks and demonstrates genuine commitment to responsible business practices.

Conclusion: Seizing the moment

Negotiations for a binding treaty are at a pivotal stage; the time for action is now. The world is watching, and the decisions made in the coming months will shape the future of human rights in business. At the ITUC, we are ready to work with civil society, investors and companies to ensure that the strongest possible treaty is adopted.

Workers' rights are human rights, and a global economy that respects these rights is the only way forward. Together, we can seize this once-in-a-generation opportunity and create a framework that delivers justice for workers, accountability for businesses and a sustainable future for all.

10 years on: Walking the talk for a powerful binding treaty

의견

10th Session recap: Progress and the path forward for the binding treaty on business and human rights

Jessica Lawrence and Thato Gaffane, Lawyers for Human Rights 2025년 1월 20일

의견

The risk of rescheduling: Why communities must not be undermined in the Binding Treaty process

By Anesu Dera, the Centre for Applied Legal Studies, and Jessica Lawrence, Lawyers for Human Rights 2024년 12월 9일

View Full Series

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