Extraterritorial application of human rights requires multilateral approach – UN expert

GENEVA (24 June 2022) – Efforts to protect and promote human rights abroad must consider power imbalances between States if they are to be a true expression of international solidarity, a UN expert said today.

In a report to the Human Rights Council in Geneva, Obiora C. Okafor, the Independent Expert on human rights and international solidarity said that while the world is increasingly interconnected, territorial States remain primarily responsible for realising human rights. This has resulted in gaps in protection, especially regarding the actions of transnational corporations in the global South, the report said.

“Holding corporations accountable for human rights and environmental impacts of their actions is a necessity. However, when powerful States of the global North unilaterally enact legislation to regulate them, they can impinge on the sovereignty of weaker States,” Okafor said.

Relying on lawsuits in foreign courts may promise more than it can deliver, the expert warned. “Too many victims of human rights violations may end up being prevented – in practice – from accessing justice, as it may be impossible for affected communities to litigate their cases abroad,” he said.

Okafor’s report said good practices in promoting human rights abroad in the context of increased globalization, such as the Global Deal initiative addressing labour market challenges, are anchored in multi-stakeholder negotiation processes, which include workers and those directly affected from all parts of the world.

“To promote international solidarity on transnational issues, States should avoid unilaterally enacting legislation, and instead favour multilateral regulatory efforts, including a business and human rights treaty. True solidarity requires participation and involvement of workers, affected communities and host States, the expert said.