Holding Transnational Corporations (TNCs) accountable for human rights violations dominated the topic of discussion at the “International Conference on Transnational Corporations and Human Rights” of the European Center for Constitutional and Human Rights (ECCHR), held October 9 and 10, 2008 in Berlin. The conference brought lawyers, social scientists and development workers from academic institutions as well as non- and for-profit organisations together.



Although TNCs act globally, national jurisdiction — especially in the developed world — is sufficient to win trials against TNCs violating human rights, e.g. under the Alien Tort Statute. India, though a developing country, was presented as a successful example in order to bring TNCs violations to justice. Other ongoing trials in developing countries such as Nigeria, DRC, Chad, the Philippines and South Africa were also discussed. Litigation is seen as part of the solution to put pressure on TNCs to respect human rights. However, the negative ramifications of suing TNCs can increase the risk of intimidation, blackmailing etc. for victims, witnesses and lawyers.



The role of soft law approaches, such as public private partnerships (PPPs) or the OECD guidelines for multinational enterprises are continuously being debated.  PPPs are described as “talking shops” or the privatization of standards, therefore soft laws are equal to “avoiding law” or even “disappearing law”. On the other hand, supporters of soft law instruments see them as a first step to hard law, thus “emerging law”.  Nevertheless, it was agreed upon that the polarization between soft and hard law is misleading. Approaches must be balanced and holistic, including prevention instruments to litigation and voluntary to mandatory instruments. Furthermore, human rights defenders must find more creative ways to hold TNCs increasingly accountable for their actions. (Meike Westerkamp)

Published in: ECC-Newsletter, October 2008