COMMISSION ON HUMAN RIGHTS
\nSixty-second session
\nItem s 10 and 16 of the provisional agenda
\nECONOMIC, SOCIAL AND CULTURAL RIGHTS
\nRERORT OF THE SUB -COMMISSION ON THE PROMOTION AND PROTECTION ON HUMAN RIGHTS<\/p>\n
RESPONSIBILITIES OF TRANSNATIONAL CORPORTATIONS WITH REGARD TO
\nHUMAN RIGHTS: OVERSEAS CORPORATIONS OF THE REPUBLIC OF KOREA
\n1. We have been observing with great interest the debates regarding the responsibilities of
\ntransnational corporations (TNCs) with regard to human rights at the United Nations, particularly
\nat the Sub-Commission for the Promotion and Protection of Human Rights. While submitting
\nthis written statement following our 2005 statement on responsibilities of TNCs with regard to
\nhuman rights [E\/CN.4\/2005\/NGO\/304] , we expect that more active debate and activities of the
\nUnited Nations are taking place regarding this issue. In particular, we would like to emphasize
\nthe violations committed by overseas Korean corporations against their employees as well as the
\nimpact of the TNCs on local human rights perspectives.
\n2. Currently in Korea, the Korean corporations and the government are vigorously discussing
\nabout the \u2018Corporations Social Responsibilities\u2019 (CSR) to keep up with international trends.
\nHowever, the Korean corporations and the government are merely focusing on the corporations\u2019
\nsocial services and welfare contribution, while ignoring the most basic factor of the CSR: the
\nresponsibility towards laborers\u2019 rights. We therefore call on the United Nations Commission on
\nHuman Rights (UNCHR) to urge the TNCs and the state parties including the Republic of Korea
\nto stress the protection of the laborers\u2019 rights in the ongoing discussion about the CSR.
\n3. In the new millennium, national boundaries no longer exist for the TNCs\u2019 business activities.
\nTherefore, the principles of the CSR, particularly with regard to human rights should be equally
\napplied to all the areas where the TNCs are operating. In particular, those TNCs operating in
\nmore than two countries should mention this aspect as a clause into their CSR. Even though most
\nof the human rights violations by the TNCs have occurred in the developing countries, the
\nresponsibilities of the TNC\u2019s have been unequally applied in those countries. In other words, the
\nTNCs have tried to avoid their responsibility regarding human rights in developing countries,
\nwhile maintaining their commitment for human rights in developed countries. Under these
\ncircumstances, the commitment of the TNC\u2019s to the CSR is questionable.
\n4. Local workers of Phils-Jeon Garment Inc., Korean corporation in Exporting Processing Zone
\nin the Philippines established a labor union with election and took a collective action peacefully
\nrequesting a talk with the corporation in summer 2005. However, the corporation issued warning
\nto the participants of the collective action and sent a dismissal notice to the chairperson of the
\nlabor union. At the same time, the board of directors of the corporation insisted on invalidation
\nof the election for establishment of the labor union and impugned to the Department of Labor
\nand Employment of the Philippines but rejected.
\nAs Chunji International Phils Inc., Korean corporation in the same area made progress on the
\ncessation of the business in November 2005, physical violence had happened twice on January
\n2006 in settlement of retirement allowance and unpaid insurance. Workers worried about default
\nof their retirement allowance and running away of the corporation\u2019s board of directors. While
\nthey blocked products of the corporation carried out from the factory, the police and guards of
\nsecurity agency used tear gas and flourished clubs. As a result, many workers were injured
\nincluding a pregnant woman. They have a doubt that the violence arose because the corporation,
\npolice and security agency have been involved.
\n5. Local workers of Sam Han Cambodia Fabrics Co. Ltd., Korean corporation in Cambodia
\ndemanded unpaid wage and retirement allowance to disappeared Korean President of the
\ncorporation and the government of Cambodian in early of 2005. On February 2005, the Police
\nused violence for suppression against about 250 laborers who gathered for demonstration. As a
\nresult, about 40 workers were injured and a 23-year-old worker fell into a state of coma. But the
\nmost of injured workers are not afford to go to hospital because of the poverty caused by unpaid
\nwages.
\n6. Daewoo International, Korean corporation and KOGAS (Korea Gas Corporation) which is a
\npublic company have invested in natural gas development of Myanmar. A number of NGOs have
\ncontinuously revealed to international society and United Nations, especially the issue of forced
\nlabor, forced eviction and sexual violence by Myanmar soldiers. The cases of UNOCAL and
\nTOTAL, TNCs, reported human rights violations were very serious during their gas
\ndevelopment. As we have learned current human rights situation in Myanmar and the precedent
\ncases, preliminary measures to protect human rights of local people are needed before
\ninvestment and development of transnational corporations. We demand that the Commission
\nurge strongly for TNCs including Korean companies and UN member countries including
\nKorean government to take responsibilities with regard to human rights on foreign direct
\ninvestment and establish effective measures as soon as possible.
\n7. Finally, facing human rights violation involved with TNCs, we stress again the necessity of
\nmaking measure quickly. We consider one of the most important roles of the Commission is to
\nprepare preliminary measures to protect human rights. It is too late to demand compliance with
\nhuman rights after violations happened. TNCs should estimate the influence of social and human
\nrights when operating in regions before investment and establish preventive measures. The need
\nof estimating the influence and establishing preventive measures is increasing particularly when
\ninvesting in the countries and regions where human rights violations have been often issued.
\nInvestment of TNCs to the countries which do not respect human rights has high possibility to
\nextend and reproduce worst human rights situation.
\n8. In light of this, we would like to urge the state parties to international human rights law and
\ntransnational corporations to:
\n(a) Comply with the international human rights standards and laborers \u2019 rights based on
\nCorporations Social Responsibility;
\n(b) Establish preventive measures to protect human rights of laborers in TNCs\u2019 operating
\nregion;
\n(c) Take responsibilities with regard to human rights on foreign direct investment and
\nestablish measures to take effect.
\n9. Further, we call on the Commission to:
\n(a) Take vigorous action on responsibilities of TNCs wit h regard to human rights;
\n(b) Urge TNCs to estimate the influence of social and human rights when operating in the
\nregions before investment.<\/p>\n","protected":false},"excerpt":{"rendered":"
COMMISSION ON HUMAN RIGHTS Sixty-second session Item s 10 and 16 of the provisional agenda ECONOMIC, SOCIAL AND CULTURAL RIGHTS RERORT OF THE SUB -COMMISSION ON THE PROMOTION AND PROTECTION […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2162],"tags":[],"class_list":["post-136","post","type-post","status-publish","format-standard","hentry","category-un-reports-on-republic-of-korea"],"yoast_head":"\n