The respect of human rights is the most fundamental value that we have as a society. Nevertheless, economic globalisation has lead to the massive exploitation of human rights in developing countries for the benefit of multinational enterprises (MNEs). The outsourcing and offshoring of production and services have had huge environmental and social costs.
European MNEs have been continually associated with violations of workers' rights, environmental damage, and harm to local communities. The reason for these continued violations is complex and multifaceted, yet of central significance is the law that governs these MNEs’ legal structures and accountability.
Subject to certain exceptions, the parent companies and boards of directors of MNEs are not legally responsible for the adverse human rights impacts directly linked to their operations, products, or services by their business relationships, including those caused by their subsidiaries, subcontractors, or customers. While victims of human rights abuses are typically entitled to pursue legal action in the country where the abuse took place, there may exist significant practical barriers, including the lack of an effective judicial system.
An additional problem is that even if the victims of corporate related abuse can make a legal case against the parent company of an MNE under the jurisdiction of an EU Member State, the existence of legal, procedural, and institutional barriers still prevent these victims from gaining access to an effective remedy.
The concept of human rights due diligence has recently garnered attention as a major tool that has the potential to bridge this governance gap. It sits at the core of the United Nations Guiding Principles for Business and Human Rights, which recognize and clarify the state duty to protect human rights, the corporate responsibility to respect them, and the right of people to access remedy for violations of human rights.
We work with the European Coalition for Corporate Justice (ECCJ), of which we are a Steering Member, and other civil society groups, and renowned legal experts to develop and promote solutions to the above mentioned problems.
In December Frank Bold team co-organised a meeting of NGOs and representatives of the Member States of the European Union. The all-day meeting in Brussels was prepared in cooperation with our colleagues from European Environmental Bureau and Client Earth.
Thirty thousand people in the Czech Republic’s Liberec region face a loss of access to drinking water due to the planned expansion of the Turów coal mine. This mine is planned to newly stretch outwards to just 150 meters from the Czech border and downwards to a depth below the bottom of the Baltic. The resulting drainage of Czech underground water is not just a threat to citizens; the drying out of the area would destroy entire local ecosystems and cause significant agricultural damage. A further increase to dust and noise levels is a threat as well. Furthermore, the end date for mining is to be delayed from 2020 out to 2044.
The threatened loss of drinking water for tens of thousands of people in the Czech Republic’s Liberec region has earned the notice of Politico, a Brussels-based news site. Politico reported on the plans for the expansion of the Turów brown coal mine in Poland, near the Czech/German/Polish border.
