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Ruggie focuses spotlight on export credit agencies
(Halifax Initiative, 30 April 2008, Ottawa) On April 7, John Ruggie, Special Representative to the United Nations
Secretary-General on human rights and transnational corporations (SRSG),
submitted his final report to the Human Rights Council (HRC) for consideration
when it meets on June 2-13.The SRSG calls for the adoption of a policy framework
that addresses: the state duty to protect against human rights abuses by third
parties, including business; the corporate responsibility to respect human
rights; and the need for more effective access to remedies.
The SRSG identifies the state duty to protect as an urgent policy priority for governments. Professor Ruggie highlights the operations of export credit agencies (ECAs) and explains that few ECAs explicitly consider human rights. He argues that “ECAs, representing not only commercial interests but also the broader public interest, should require clients to perform adequate due diligence on their potential human rights impacts. This would enable ECAs to flag up where serious human rights concerns would require greater oversight – and possibly indicate where State support should not proceed or continue.”
In a paper prepared to inform the mandate of the SRSG, the Halifax Initiative argues that states have an obligation, under international law, to ensure that their ECAs undertake robust human rights due diligence. HI argues that the Government of Canada is failing to fulfill this obligation and provides recommendations to address this shortcoming.On April 7, John Ruggie, Special Representative to the United Nations
Secretary-General on human rights and transnational corporations (SRSG),
submitted his final report to the Human Rights Council (HRC) for consideration
when it meets on June 2-13.The SRSG calls for the adoption of a policy framework
that addresses: the state duty to protect against human rights abuses by third
parties, including business; the corporate responsibility to respect human
rights; and the need for more effective access to remedies.
The SRSG identifies the state duty to protect as an urgent policy priority for governments. Professor Ruggie highlights the operations of export credit agencies (ECAs) and explains that few ECAs explicitly consider human rights. He argues that “ECAs, representing not only commercial interests but also the broader public interest, should require clients to perform adequate due diligence on their potential human rights impacts. This would enable ECAs to flag up where serious human rights concerns would require greater oversight – and possibly indicate where State support should not proceed or continue.”
In a paper prepared to inform the mandate of the SRSG, the Halifax Initiative argues that states have an obligation, under international law, to ensure that their ECAs undertake robust human rights due diligence. HI argues that the Government of Canada is failing to fulfill this obligation and provides recommendations to address this shortcoming.
Export Credit Agencies and the International Law of Human Rights
http://www.halifaxinitiative.org/updir/ECAs_and_HR_law.pdf
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