tjmunc2011+DR1.1_HRC+DR


    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 nonstate 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 2004116 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 (UNFCHRTNCs) which will enable the whole world to defend human rights in a legallybinding 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 nongovernment organizations (NGOs)
            ii) Holds halfyearly 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 LatinAmerican 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 welldeveloped eg 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 middleeast 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 middleeast which are equal in economic status
    b    all these companies are exempted from taxes in free trade zones while 75of 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 middleeast 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 mediumterm and longterm 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 selfinterest 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 additionhost country workerswill 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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