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Title: [PDF] Mapping State obligations for corporate acts: An examination of the UN Human Rights Treaty System - Report No. 1: International Convention on the Elimination of All Forms of Racial Discrimination
Visit: [PDF] Mapping State obligations for corporate acts: An examination of the UN Human Rights Treaty System - Report No. 1: International Convention on the Elimination of All Forms of Racial Discrimination
Author:
Prepared for the Special Representative of the Secretary-General on Human Rights and Transnational Corporations and Other Business Enterprises, with the support of the The Office of the United Nations High Commissioner for Human Rights
Dated:
18 Dec 2006
...the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is remarkably clear and unambiguous that State obligations to ensure human rights apply to activities of private as well as State actors...An analysis of the Committee on Racial Discrimination (CERD)’s Concluding Observations, General Recommendations, Opinions on Communications, and Decisions confirms the Convention’s provisions that States have the obligation to regulate and adjudicate actions by private actors...Issues of particular concern to the Committee thus far have included the activities of transnational corporations (generally extractive companies) operating in indigenous peoples’ traditional lands or territories, with a focus on displacement, inadequate consultation of indigenous peoples, and environmental pollution; discrimination on the basis of race, color, descent or national or ethnic origin against specific groups such as Roma, in relation to labor rights or accessing restaurants and other public places; and discriminatory treatment of non-citizens by private employers, particularly in relation to working conditions and recruitment...[T]he Convention’s scope has clearly expanded over time to an extent that any alleged racial act by a private actor may now fall within the scope of the Convention.
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