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2.4.2.1.2.1 Tripartite DeclarationThe Tripartite Declaration is a voluntary instrument in which member state governments,employer and employee organisations (“labour organisations”) and corporations are ‘invited’to observe its principles and asked to respect the UDHR, ICCPR and ICESCR. TheTripartite Declaration opens with a kind of preamble and then articulates several principlesin five sections: General Policies, Employment; Training; Conditions of Work and Life;and Industrial Relations. Some principles have been interpreted by the International LaborOffice, thereby providing more clarity to the Tripartite Declaration’s obligations.The numbered paragraphs begin with a sort of preamble (although not so titled). Thepreamble recognises that MNEs are important to the economics of “most countries”; and,as such, can potentially contribute to, or abuse, human rights and development. 138 An exactdefinition of MNE is not provided, but elements are outlined to assist in understandingthe Tripartite Declaration. 139The preamble also recognises the voluntary nature of the instrument. By recommendingvoluntary observance, 140 the Tripartite Declaration aims to encourage MNEs to positivelycontribute to economic and social progress; and minimise and resolve difficulties arisingfrom MNE operations. With this in mind, the Tripartite Declaration operates as a guidefor MNEs, governments and labour organisations in furthering social progress. 141The General Policies section builds upon the preamble by providing some basic obligationsfor all parties. Specifically, all parties are asked to respect state sovereignty, obey national laws,consider local practices and respect international standards. 142 Aside from general, all-partyobligations, governments and MNEs are each given individual direction. Governmentsare given obligations in respect of particular ILO conventions and recommendations. 143Furthermore, both home and host governments are expected to follow the TripartiteDeclaration and international standards. 144 Multinational and national enterprise (whererelevant) is expected to take policy objectives of the host countries into account in generalconduct and social practice. 145The substantive provisions of the Tripartite Declaration set out more specific obligationsand standards and are supported by reference to specific ILO Conventions andRecommendations. The first substantive provision, employment, is divided into threesub-categories: employment promotion; equal opportunity and treatment; and securityof employment. None of these provisions are directly relevant to CSEC; however, theemployment promotion provisions are worth exploring in so far as MNEs indirectlyprotect children.38|Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children
The aim of employment promotion is to “…stimulat[e] economic growth and development,rais[e] living standards, [meet] manpower requirements and overcome[e] unemploymentand underemployment[.]” 146 To meet these goals governments are asked to “… declareand pursue […] an active policy designed to promote full, productive and freely chosenemployment[]” 147 and all parties are directed to consult specific instruments. 148 Unlike theGlobal Compact, MNEs are not simply asked to refrain from particular labour practices,but are asked to play a more active role in improving local labour situations. 149 The argumentcould be made that by progressively improving employment MNEs will not only provideadult workers with a better capacity to provide for their families, but also provide childrenwith a better quality of life.Unique to the Tripartite Declaration is the provision on training. Governments are asked todevelop policies for vocational training 150 while MNEs are asked to provide relevant trainingfor employees, which meet development needs of the host country. 151 Multinational andnational enterprises have special obligations when operating in developing countries. 152The training provisions are relevant in so far as they allow adult workers to improve skills.In this sense they will be able to continue to support their families. More importantly,however, the training provisions are relevant for what is missing: unlike the Norms, theTripartite Declaration is silent on the role MNEs play in training youth and assisting with,or participating in, government training programmes.Whereas the above provisions focus on development and progressive improvement, thecondition of work and life section focuses on preventing exploitative practice. The sectionis divided into three sub-sections: wages; benefits and conditions of work; minimum age;safety and health. The minimum age section is directly relevant to the discussion of CSEC,and will therefore be the focus of this discussion. 153The minimum age provision, included in the Tripartite Declaration is not as onerous as theprovision included in the Norms. Both multinational and national enterprises are askedto “… respect the minimum age for admission to employment or work in order to securethe effective abolition of child labour[.]” 154 Unlike the Norms, the Tripartite Declarationdoes not address the need to ensure children are provided with alternatives so as to protectthem from worse situations. However, enterprises are expected to “… take immediate andeffective measures within their own competence to secure the prohibition and eliminationof the worst forms of child labour as a matter of urgency.” 155 It is difficult to say whetherthis obligation sufficiently protects children from the worst forms of child labour withoutaddressing obligations post-removal from the workplace.Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children|39
Page 5 and 6: PRIVATE SECTOR ACCOUNTABILITYIN COM
Page 7 and 8: 3. Travel and Tourism Sub-Sector 63
Page 9 and 10: Executive SummarySince the First an
Page 11 and 12: from the sale of child pornography
Page 13 and 14: 1.1 Defining Commercial Sexual Expl
Page 15 and 16: The issue of commercial sexual expl
Page 17 and 18: 1.2.1 Transnational and multination
Page 19 and 20: offer stronger protections against,
Page 21 and 22: 1.3 Defining Corporate Social Respo
Page 23 and 24: Parliament passed a law requiring a
Page 25 and 26: 2. International Standards and the
Page 27 and 28: In terms of international law, the
Page 29 and 30: alia: establish the grounds for cri
Page 31 and 32: The ILO Convention No. 138, Concern
Page 33 and 34: 2.4 Existing Legal Mechanisms to En
Page 35 and 36: 2.4.2 Existing mechanisms for regul
Page 37 and 38: Governments play an auxiliary role
Page 39: lack of ) monitoring and enforcemen
Page 42 and 43: who follow relevant international l
Page 44 and 45: the Commentary references the rule
Page 48 and 49: Unlike the preceding sections, whic
Page 50 and 51: A major criticism of the Tripartite
Page 52 and 53: MNEs are asked to respect worker’
Page 54 and 55: Guidelines voluntary, but non-OECD
Page 56 and 57: An alternative to the above is to r
Page 58 and 59: freedom from state interference in
Page 60 and 61: During the Nuremburg Tribunals, Ger
Page 62 and 63: ATCA expanded liability for interna
Page 64 and 65: Pursuant to the holding in Kadic re
Page 66 and 67: The Court could establish jurisdict
Page 68 and 69: likely come across similar obstacle
Page 70 and 71: ecognised by customary internationa
Page 72 and 73: The report draws together a number
Page 74 and 75: means of fostering international pe
Page 76 and 77: a resolution, as well, in which it
Page 78 and 79: The Swedish document was originally
Page 80 and 81: services are designed to combat chi
Page 82 and 83: into contact with individuals who c
Page 84 and 85: children’s perception of the worl
Page 86 and 87: advertisement. The European adverti
Page 88 and 89: high-profile case in the US where a
Page 90 and 91: child actors have gone on in adulth
Page 92 and 93: 5. New Technologies Sub-Sector5.1 C
Page 94 and 95: North American cases illustrate how
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With the advent of the social netwo
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up to $US 500 if they violate the c
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As the genre is so new, there have
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- children’s rights advocates, go
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law enforcement agencies, but equal
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6. Financial Sub-SectorIt has been
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law enforcement is having trouble u
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encourage cooperation and follow-up
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emedies against all corporations op
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Another important objective of the
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Endnotes1 Mark Erik Hecht is an aca
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35Canada. Industry Canada. Corporat
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84On 31 Jan. 1999, UN Secretary-Gen
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110Norms, D.111Norms, point 5. (Rea
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143Ibid., “General Policies.” P
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179Ibid., Annex, III: Global Report
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of the Guidelines).212Ibid., Part I
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258Ibid.259UNWTO Report to the UN G
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310Ibid., 12.311Council of Europe,
Page 134 and 135:
Germany and South Africa, ISPs are
Page 137:
The World Congress III against Sexu
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