Australia’s corporate human rights watchdog must be strengthened
Today the Human Rights Law Centre has called on the Australian Government to strengthen the powers of Australia’s principal corporate human rights watchdog, the Australian National Contact Point for Responsible Business Conduct (AusNCP).
In a submission to a public consultation, the Human Rights Law Centre called for:
Additional powers and resourcing for the AusNCP's independent examiners to investigate complaints of corporate misconduct;
Sanctions for companies found to have breached their responsibilities, such as the withdrawal of trade support and exclusion from public procurement processes;
Greater accessibility for impacted individuals and communities to bring complaints and meaningfully engage in dispute resolution.
Housed within the Department of Treasury, the AusNCP investigates complaints and mediates disputes regarding alleged misconduct by Australian multinational enterprises. Past complaints to the AusNCP have related to alleged illegal land grabs financed by Australian banks, labour exploitation in Australian-run factories and abuses by Australian private contractors in detention centres on Manus Island and Nauru.
Currently, the AusNCP can make findings against companies who have breached their responsibilities under the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct and recommend measures to redress such breaches, but its findings are not binding on companies. Its independent examiners also have limited scope to investigate complaints beyond material presented by the complainants and company.
Keren Adams, Legal Director at the Human Rights Law Centre said:
“Australia needs a strong corporate human rights watchdog to ensure that, wherever they operate, Australian companies respect human rights and the environment. The AusNCP is one of the few forums where communities and individuals harmed by the actions of Australian business can raise complaints about companies' activities without going to court.
“It’s crucial that the AusNCP has the powers and resourcing it needs to do its job of thoroughly investigating complaints brought to it and effectively mediating disputes between communities and companies. This review of its complaints procedures is an important opportunity to strengthen its investigative functions and make it more accessible and effective."
Media Contact:
Thomas Feng
Media and Communications Manager
Human Rights Law Centre
0431 285 275
Thomas.feng@hrlc.org.au