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The Resolution on Impunity
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Impunity – from the Latin impunitas, meaning “absence of punishment”. Impunity is literally “getting away with murder” in many cases. It is a critical yet thorny issue for the struggle for human rights in much of the world, an issue made all the more difficult by recent geopolitical events and trends like the “war on terrorism” and an intensified search for oil and minerals. KAIROS applauds Canada for leading this important resolution and the following outlines our suggestions for the Resolution on Impunity at UNCHR 61.
Impunity – Recent Developments
Alongside the legal/political questions accompanying the struggle against “gross human rights violations”, i.e., repression, state violence, genocide and “ethnic cleansing”, the Canadian churches are concerned about the impunity of non-state actors, in particular multinational corporations whose activities breach international norms found in: the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; the OECD Guidelines for Multinational Enterprises; the United Nations Global Compact; and the draft “Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights” (draft Norms) (E/CN.4/Sub.2/2003/12/Rev.2) .
In countries like Sudan, Indonesia and Colombia, corporations eager to maximize their profits have been implicated in activities that have too often exacerbated armed conflicts or worsened the human rights situation. To Canada’s great shame, Talisman Energy of Calgary has become iconic for its breeches of international norms of “good behaviour”, particularly in Africa. Where the above listed “voluntary” guidelines have had little effect, therefore, concerned citizens and organizations are demanding that corporate actors who violate people’s rights be held to account for their actions.
Governments should unite against all non-state actors which violate people’s rights. Struggling for justice in all forms needs to become a growing focus of this multilateral Human Rights Commission. One important way to defend international law is through strengthening and broadening the concept of responsibility.
Recommendations for the Resolution on Impunity for CHR61
- Throughout the operational paragraphs of the Resolution, maintain
the language of Operation Paragraph 1 (OP1), “including
accomplices”, rather than simply “persons suspected
of having committed international crimes…” as found,
for example, in OP8; and
- Expand this language to throughout the Resolution to include
“those who support and sponsor persons suspected of having
committed international crimes…”
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