tjmunc2011+DR1.1 本文简介：
DraftResolutionCommittee:HumanRightsCouncilTopic:HumanrightintransnationalcorporationsSponsors:China,Germany,Mexico,Senegal,Signatories:Algeria,Brazil
tjmunc2011+DR1.1 本文内容：
Draft
Resolution
Committee:
Human
Rights
Council
Topic:
Human
right
in
transnational
corporations
Sponsors:
China,
Germany,
Mexico,
Senegal,
Signatories:
Algeria,
Brazil,
Bolivia,
Canada,
Cuba,
Denmark,
Guatemala,
India,
Russian
Federation,
Nigeria,
Netherlands,
New
Zealand
,Philippines,
Saudi
Arabia,
Switzerland,
Turkey,
UAE,
Uruguay
?
The
Human
Rights
Council,
?
Realizing
that
the
non-state
actors
such
as
transnational
corporations
and
other
business
play
an
increasingly
important
role
both
internationally,
and
at
the
national
and
local
levels;
?
Recognizing
that
transnational
corporation
and
other
business
enterprises
can
contribute
to
the
enjoyment
of
human
rights
through
investment,
employment
creation
and
the
stimulation
of
economic
growth;
?
Recalling
its
decision
2004/116
of
20
April
2004
on
the
responsibilities
of
transnational
corporations
and
related
business
enterprises
with
regard
to
human
rights;
?
Affirming
that
the
Universal
Declaration
of
Human
Rights
and
the
Global
Compact
provide
a
basic
standard
of
human
rights
protection
in
transnational
corporations;
?
Bearing
in
mind
that
under
the
principle
of
trade
liberalization,
the
transnational
corporations
enjoy
much
more
rights
than
duties
they
should
assume,
?
Acknowledging
the
efforts
being
undertaken
by
civil
society
to
promote
a
peaceful
settlement
of
the
question
of
the
transnational
corporations,
?
Cognizant?that
the
proliferation
of
transnational
corporation
in
the
region
of
the
Latin
America
would
pose
a
serious
threat
to
international
trade,
?
1.?????
Decides
to
establish
a
compulsory
organization
under
the
authority
of
UN
Human
Right
Council.
Further
recommends
building
cooperation
with
the
International
Labor
Organization
(ILO)
and
other
NGOs
to
set
up
a
guaranteeing
mechanism,:
a)?????
Set
up
a
standing
committee
which
is
responsible
for
dealing
issues
related
to
human
rights
in
transnational
corporation,
legislation
and
monitoring:
????????????????
i.?????????
Consisting
of
experts
and
representative
from
all
countries,
the
temporary
seats
for
representative
are
50
and
25
permanent
seats
for
experts,
???????????????
ii.?????????
Convoking
a
general
conference
every
half
year
in
order
to
promote
the
development
of
the
human
rights,
legislate,
or
appraise,
??????????????
iii.?????????
Arranging
orders
of
the
worst
and
best
human
rights
improved
corporation
in
accordance
to
the
information
provided
by
subordinate
agencies,
holding
conference
for
mediums
to
announce
the
list
of
names
and
thus
giving
out
pressures
by
using
the
public
opinion,
iv.?????????
being
responsible
to
the
Global
Compact,
b)????
Set
up
subordinate
agencies
divided
by
regions
therefore
differentiated
standards
of
human
rights
based
on
a
elementary
norm
of
Global
Compact:
????????????????
i.?????????
Which
includes
1
agency
in
Europe,
3
in
Asia,
1
in
North
America,
2
in
Latin
America,
3
in
Africa
and
1in
Oceania,
???????????????
ii.?????????
Investigating
the
detailed
situation
of
human
rights
in
each
country
according
to
the
principles
of
impartial,
comprehensive
and
exhaustive;
setting
up
reports
for
each
country
and
turning
over
one
copy
to
the
authorities
when
urging
for
a
higher
caliber
in
order
to
promote
the
development
of
human
rights,
c)?????
Implement
a
necessary
international
legal
measures
in
accordance
to
the
Global
Compact
and
Universal
Declaration
of
Human
Rights,
taking
into
account
the
different
circumstances
and
culture
diversity:
????????????????
i.?????????
(provide
details
of
labor
hours,
child
labor
and
forced
labor)
???????????????
ii.?????????
Allows
the
countries
vulnerable
in
economy
and
policies
to
put
the
regulations
into
force
fully
in
limited
years
according
to
the
investigations
and
assessment
carried
out
by
the
subordinate
agencies
(details
are
shown
in
paragraph
1(c)
)
??????????????
iii.?????????
Fully
understands
the
differences
on
cultures,
customs,
religions
and
regions,
allows
the
detail
adjustments
of
international
law
under
the
permission
of
the
Human
Right
Council,
?
2.?????
Recommends
‘the
Eight
Principles’
derived
from
the
‘the
Ten
Principles’
in
the
UN
Global
Compact
and
from
Universal
Declaration
of
Human
Rights
to
be
signed
by
every
nation,
that:
?????
Principle
1:
Support
and
respect
the
protection
of
internationally
proclaimed
human
rights;
?????
Principle
2:
Play
an
active
role
in
supervising
transnational
corporations
(TNCs);
?????
Principle
3:
Promise
not
to
complicit
in
human
rights
abuses
with
TNCs;
?????
Principle
4:
The
elimination
of
all
forms
of
forced
and
compulsory
labor;
?????
Principle
5:
The
effective
abolition
of
child
labor;
?????
Principle
6:
The
impartiality
of
women
labor;
?????
Principle
7:
The
elimination
of
discrimination
in
respect
of
employment
and
occupation;
?????
Principle
8:
Undertake
initiatives
to
promote
greater
environmental
responsibility;
?
3.?????
Expresses
its
hope
on
unveiling
the
United
Nations
Framework
Convention
on
Human
Rights
in
Transnational
Corporations
(UNFCHR-TNCs)
which
will
enable
the
whole
world
to
defend
human
rights
in
a
legally-binding
way
that:
a.
Is
based
on
‘the
Seven
Principles’;
?????
b.
Should
be
established
together
with
a
United
Nations
Framework
Convention
on
Human
Rights
in
TNCs
committee
that:
???????
i)
Includes
delegates
from
member
states
and
from
major
non-government
organizations
(NGOs);
???????
ii)
Holds
half-yearly
meeting
to
discuss
the
clauses
of
the
convention,
and
at
2012
at
the
latest,
to
eventually
unveil
the
convention;
???????
iii)
holds
annual
conference
to
evaluate
the
progress
that
all
member
states
have
made
after
the
convention
coming
into
existence;
?
4.?????
Encourages
the
countries
with
minimum
wages
to
legislate
under
the
advice
of
the
agencies,
taking
into
account:
????????????????
i.?????????
The
vulnerability
of
economics
and
current
situation
of
human
rights
on
market,
???????????????
ii.?????????
The
cultural
and
regional
factors,
??????????????
iii.?????????
Needs
of
both
business
and
the
member
states,
?
5.?????
Decides
to
cooperate
with
the
World
Trade
Organization
(WTO)
that:
?????
a.
Sets
up
a
‘Human
Right’s
relevant
to
Trading’
committee
in
WTO,
which
is
under
WTO
general
council;
and
?????
b.
cooperates
with
United
Nations
Human
Rights
Council
and
the
United
Nations
Framework
Convention
on
Human
Rights
in
TNCs
which
is
about
to
be
found;
?????
c.
Builds
agencies
in
every
nation
that:
???????
i)
Are
under
WTO
and
UN
control;
???????
ii)
Include
representatives
from
WTO,
UN,
ILO,
state
and
media;
???????
iii)
Accept
accusing
of
TNCs
from
person
and
association;
???????
iv)
Report
accusing
to
WTO
and
UN;
?
6.?????
Underscores
existing
modes
of
human
right
s
enforcement
mechanism
basically
fall
into
two
categories,
internal
and
external:
a.
To
identify
the
Right
to
Development
and
the
Right
to
Life
are
two
primary
human
rights,
also
the
basis
of
enjoyment
of
other
human
rights;
b.
To
note
Latin
American
region
has
abundant
resource
of
marine
biochemistry,
where
the
investors
in
the
field
of
pharmaceutical
would
like
to
establish
a
large
amount
of
transnational
corporation
here,
where
a
big
injection
of
capital
is
needed;
c.
To
clarify
the
price
level
of
pharmaceutical
is
taken
full
control
in
manufacturers’
hand,
but
for
some
least
developed
countries,
a
high
price
must
be
paid
for
license
or
purchase
expensive
patented
drugs;
d.
To
promulgate
a
decree
to
delegate
power
to
the
Ministry
of
Health
to
increase
gross
import
value
and
produce
cheaper
drugs;
e.
To
Come
out
in
strong
denunciation
of
the
accusation
from
investors
about
the
decree
torn
into
an
outrage
against
intellectual
property;
f.
To
note
with
question
the
formation
of
some
of
the
intellectual
property
system
has
nothing
to
do
with
the
concept,
logic
and
rationality,
and
contrasted
sharply
with
the
system
in
Latin
America
region;
g.
To
develop
materials
and
methodologies
for
closely
liaising
human
rights
impact
assessments
of
the
activities
of
transnational
corporations
and
other
business
enterprises
and
the
intellectual
property;
?
7.?????
Urges
to
develop
the
appeals
system
that
??
a.
To
form
a
new
international
court
only
focusing
on
human
rights
in
TNCs
that
under
the
control
of
the
International
Court
of
Justice;
??
b.
Abides
by
the
basis
that
the
case
related
to
human
rights
in
TNCs
should
be
judged
in
the
host
countries
and
according
to
their
own
laws,
and
TNCs
can
appeal
to
the
international
court
mentioned
in
clause
(a)
if
they
do
not
agree
with
the
decision;
c.
To
judge
the
case
of
human
rights
abuses
in
TNCs
in
the
international
court
mentioned
in
clause
(a)
in
the
host
country
without
labor
legislation;
?
8.?????
Resolves
to
found
a
Bolivar
Alliance
in
the
Latin-American
world
named
after
one
of
the
liberators
in
the
history,
Simon
Bolivar,
aimed
at
building
closer
connections
between
the
states,
that:
a.?????
Cooperates
with
the
South
American
Common
Market
(MERCOSUR)
to
boost
economy
integrity;
b.?????
Assists
the
states
lacking
of
mature
domestic
labor
laws
to
set
up
their
own
feasible
labor
laws
in
line
with
different
conditions,
with
the
help
of
the
member
states
whose
labor
laws
are
well-developed,
e.g.:
Mexico,
in
order
to
create
a
dependable
basis
to
resolve
human
rights
abuses;
9.
An
organization
for
dissemination
of
human
rights
awareness
should
be
established.
a.????
This
organization
is
set
up
by
United
Nations
and
countries
do
well
in
protecting
human
rights
and
TNCs’
interests.
b.???
The
organization
will
send
its
staff
to
host
countries,
developing
countries
(especially
the
third
world
countries)
and
countries
that
human
rights
problems
need
solving.
c.????
Its
major
job
is
to
spread
the
knowledge
of
TNC
and
HR,
to
tell
people
how
to
preserve
their
basic
rights,
to
encourage
people
who
are
jobless
or
those
who
don’t
have
a
stable
income
to
work
in
TNCs
and
to
solve
dispute
between
TNC
and
its
labors.
d.???
The
expenses
are
shared
by
countries
which
are
related
to
the
problem
of
TNC
and
human
rights.
The
proportion
for
each
country
is
depended
on
the
percentage
of
GDP
occupies
in
the
world.
10.
?Attaches
the
importance
of
translating
empty
promises
or
laws
into
active
changes,
middle-east
has
set
cooperation
with
the
EU
to
get
advanced
business
mode
to
benefit
the
workers:
a.????
EU
has
the
allowance
to
set
up
corporations
and
make
investment
in
middle-east,
which
are
equal
in
economic
status,
b.???
all
these
companies
are
exempted
from
taxes
in
free
trade
zones,
while
75%of
the
import
tariffs
will
be
exempted
as
well,
c.????
workers
in
these
corporations
must
abide
by
the
laws
of
the
host
countries,
d.???
investors
can
not
hold
more
than
49%
percent
of
the
stocks,
e.???
panels
will
be
sent
to
middle-east
from
EU
to
provide
advice
on
human
rights,
11.
Strongly
recommends
setting
up
the
Administrative
standard
in
transnational
cooperation:
A.???
administrative
department:
a.????
takes
in
charge
of
the
technological
project
in
the
entire
company
and
supervising
the
whole
running
statement
,
while
the
investment
country
has
the
interpretative
right
b.???
is
responsible
of
the
medium-term
and
long-term
plans
as
well
as
the
exploitation
of
the
technology,
which
are
decided
by
the
bilateral
sides,
have
the
same
and
equal
chance
to
consult
,embody
the
power
with
equality
and
freedom,
the
investment
countries
own
the
proprietary
rights,
will
make
every
effort
to
guarantee
the
innovation
and
revolution
to
the
technology
to
the
largest
extent,
meanwhile,
control
the
prime
cost
based
on
the
principle
of
the
economic
statement
c.????
is
in
charge
of
the
equipments
of
the
company,
standardized,
institutionalized,
with
equal
treatment,
furthermore,
the
managing
power
is
hold
in
both
sides
with
equal
rights
instead
of
monopolizing
the
market
d.???
the
cultivation
of
the
competent
people
and
the
management
of
the
company,
is
intent
to
recommend
the
skilled
workers
with
elaborate
plans,
and
rate
in
professional
supervisor
should
be
occupied
largely
by
the
investment
country
e.???
maintain
the
secrecy
of
the
core
technology,
choose
to
make
use
of
the
technique
?
B.???
the
supervising
department
a.????
getting
in
touch
with
the
general
trend
of
affairs
in
the
board
of
directors,
knowing
the
administration
state
in
municipal
laws
b.???
recommending
some
suggestions
or
providing
some
ideas
to
improve
the
management
of
the
company
c.?
supplying
some
peaceful
ways
based
on
the
mutual
benefit
and
reciprocity
principle
when
confronting
the
huge
divergence
existing
Decides
the
method
of
the
selection
of
officers
in
the
organization:
d.?
officers
will
be
selected
from
every
continents
according
to
the
population;
each
officer
should
pass
the
examination
settle
by
the
United
Nation;
the
working
year
of
the
officers
is
2
years;
C.?
manual
labor
session
a.????
it
is
not
acceptable
to
order
about
the
workers,
based
on
the
essential
prerequisite
that
is
to
map
out
the
suitable
documents
on
the
self-interest
admitted
by
the
UN,
conclude
and
sign
a
labor
lease
b.???
working
hours
for
each
week
are
mostly
60
hours,
with
the
quota
contract
system
doubling
the
payment
for
the
extra
work
assigning
the
proper
work
to
different
ages
c.????
pledging
the
security
of
the
working
conditions,
requested
by
the
international
level,
unfairness
treatment
is
forbidden
there
d.???
deciding
the
minimum
of
the
age
in
the
light
of
different
countries
e.???
with
no
personal
belief
and
religion
disputes
f.????
property
security
and
personal
safety
,are
consistent
with
regulations
of
the
host
countries
devoted
to
the
medical
insurance
compensation
for
the
accidents
educational
rights
g.???
is
capable
of
sanctioning
the
unqualified
companies
12.
Suggests
to
calculate
the
wage
level
in
the
investment
company
first,
then
to
figure
out
the
same
level
of
page
in
the
host
country
in
accordance
with
the
gross
domestic
price
in
average,
and
define
it
as
the
payment
for
workers
in
the
host
countries
In
addition，host
country
workers，will
have
the
same
social
security
with
workers
with
the
same
job
in
that
country.
Finally，
the
company
promises
to
obey
the
law
in
host
countries.
14.
Ensures
the
rights
of
local
African
workers,
including
the
follows:
a.
Governors
need
consult
with
the
transnational
corporation
and
ask
the
best
working
condition
that
can
be
given.
b.
The
labors’
medical
insurance
and
benefits
scales
must
be
ensured
by
governor.
c.
The
right
to
strike
must
be
protected
when
labors’
right
is
encroached
on.
d.
Labors
union
has
freedom
to
establish.
The
public
authorities
provide
various
subsidy
and
convention
in
order
to
encourage
mass
organization’s
social
program.
e.
Public
holiday
should
by
humanity
and
transnational
corporation
must
remember
to
carry
out
the
promise.
?
?
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