Duty of surveillance, human rights and transnational corporations: a review of the different models of fight against impunity

Abstract

The article starts from the need to develop internationally binding standards on transnational corporations and human rights that would put an end to the impunity enjoyed by the former when, directly or through the various links in their supply chain, they cause violations of these rights, as well as ensuring reparation for the victims. The textile sector, fundamentally in the links of the supply chains located in different countries of Asia, is one of those that presents a greater index of violations of human rights in general and labor rights in particular. For this reason, the article uses the example of this sector to highlight both the impact of these violations and the ineffectiveness of the mechanisms currently in place to prevent them. This statement is made in the article together with the recognition of the existence of normative frameworks already in force, such as French law, and ongoing initiatives, such as the Sanchez-Candeltey Initiative, which represent progress in the establishment of binding standards that subject the actions of transnational companies to respect for Human Rights. However, and this is the fundamental thesis of the article, these initiatives continue to be partial for the control of entities such as TNCs, which because of their transnational activity easily escape the control established in state or regional normative frameworks. In this sense, the article argues that the essential element to achieve the end of impunity and to advance towards the eradication of phenomena such as modern slavery is the adoption of a legally binding international instrument, such as the one being negotiated in the framework of Resolution 26/9.