to download the document in PDF format - Child Centre: Expert ...

MNEs are asked to respect worker’s rights to representation and constructive negotiation;“[c]ontribute to the effective abolition of child labour”; “[c]ontribute to the eliminationof all forms of forced or compulsory labour”; and to not discriminate in employment onparticular grounds, unless doing so follows government policies to promote greater equalityand opportunity. 203The Guidelines do not outline more specific obligations regarding the abolition of childlabour, compulsory labour or non-discrimination, nor do they direct MNEs to relevantinternational standards. 204 The Commentary to the Guidelines, however, attempts togive some meaning to the provisions and specifically directs MNEs to relevant ILOinstruments. 205The remaining substantive sections establish principles primarily addressing a MNEsobligation to their own employees. Although only indirectly relevant to CSEC, the Scienceand Technology section is noteworthy in so far as obligations extend past enterpriseemployees. Like the Norms, under this section, MNEs are given a role in contributingto technological development in host countries. 206 Importantly, MNEs are not simplyasked to share technology or use local industry in their operations, but to do so throughpartnerships with local universities and public research institutions and with a view tolong-terms development goals of the host country. 207 In so far as MNE activities promoteeducational and occupational opportunities for children and families, these obligations arerelevant to preventing CSEC.The Guidelines are supported by two follow-up mechanisms: National Contact Points(NCPs) and the Committee on International Investments and Multinational Enterprises(CIIME), and make provision for national and enterprise reporting. Adhering governmentsare obligated to establish NCPs 208 that are usually, but not always, part of a governmentoffice. NCPs promote and encourage observance of the Guidelines within the member stateand ensure they are understood by domestic businesses. 209 Importantly, NCPs play a rolein dispute settlement: they receive complaints against MNEs; make an ‘initial assessment’and decide whether further consideration is necessary. 210 If an NCP decides to considerthe complaint further, it will offer non-adversarial assistance to resolve the issue. 211 In allthese duties, NCPs are required to “… operate in accordance with core criteria of visibility,accessibility, transparency and accountability.” 212Whereas there are multiple NCPs, each operating in an adhering state, there is onlyone CIIME, operated by the OECD. Although CIIME oversees the NCPs and mayconsider cases referred to it by NCPs, 213 it is not an appellant body, nor are NCPs and44|Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children