Guiding Principles on Business and Human Rights

In recent years, various initiatives have emerged to regulate the impact of business activities on human rights. These efforts focus on both national activities and those conducted outside the territory of the state where the business or its subsidiary resides. The scope of a state's human rights obligations has evolved to include the authority to exercise jurisdiction over certain activities originating from its territory but affecting other states. In principle, states have a duty to regulate, monitor, and investigate the activities of companies residing within their borders and hold them accountable for human rights violations under national laws, intergovernmental instruments, or voluntary codes of conduct. This is particularly relevant for agricultural workers participating in global supply chains, where jurisdictional boundaries are often unclear.

The Guiding Principles on Business and Human Rights (2011), endorsed by the Human Rights Council in 2011, emphasize that states must "clearly set out the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations." The Principles also outline the responsibility of multinational corporations and other business enterprises to respect human rights. They formally recognize the responsibility of businesses to avoid infringing on the human rights of others and to address adverse human rights impacts they are involved in. This responsibility includes addressing the negative impacts of the food industry on the right to adequate food.

However, the Guiding Principles are inherently voluntary and do not provide sufficient access to judicial remedies. While businesses are not directly bound by international human rights treaties, the Guiding Principles offer a widely recognized normative framework for evaluating corporate activities. Nevertheless, holding transnational corporations accountable for extraterritorial actions, including those of contracted suppliers, remains a persistent challenge.