Issue Paper: Human Rights

For Peace in God's World: Human Rights
OCTOBER, 2008

Background
“We of the Evangelical Lutheran Church in America share with the Church of Jesus Christ in all times and in all places the calling to be peacemakers” (“For Peace in God’s World” [ELCA, 1995], pg. 1 [1] ). We are called to promote respect for human rights by teaching, speaking out, and supporting effective ways to monitor and comply with human rights codes. Our church, through our predecessor bodies, has a legacy of peacemaking, and we are called to dedicate ourselves anew to pray and work for peace in God’s world. We have consistently supported the work of the United Nations in the area of human rights.

In 1948, the United Nations called for the recognition of the inherent dignity and the equal and inalienable rights of all members of the human family by adopting the Universal Declaration of Human Rights. [2] This concern includes respect for human rights: “Human rights provide a common universal standard of justice for living with our differences, and they give moral and legal standing to the individual in the international community. We therefore will continue to teach about human rights, protest their violation, advocate their international codification, and support effective ways to monitor and ensure compliance with them.” [3]

In August 2003, the Sub-commission on the Promotion and Protection of Human Rights of the United Nations Commission on Human Rights adopted “Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regards to Human Rights.” [4] These norms recognize that states have the primary responsibility to ensure the promotion and protection of human rights, but transnational corporations are also responsible for this promotion and protection.

ELCA Social Policy
In 1995 the ELCA adopted the social statement “For Peace in God’s World,” which calls the church to be a disturbing presence, a reconciling presence, and a deliberating presence to promote respect for human rights. This statement echoes the work of our predecessor church bodies expressed in “Human Rights: Doing Justice in God’s World” (LCA, 1978) [5] and “Peace, Justice, and Human Rights” (ALC, 1972). [6] The ELCA document also discusses the relationship between economy, justice, and human dignity. “Justice points toward an economy ordered in ways that: respect human dignity; provide the necessities of life; distribute goods and burdens fairly and equitably; and are compatible with a life-sustaining ecosystem. Sustainable growth and fair distribution are vital in creating economic justice. Both should enable all to participate in the economy. Global economic integration should enhance economic well-being among and within nations. Fiscal policy, business practices, investment policies, and personal life styles, including patterns of consumption, should contribute to economic justice and the long-term sustainability of our planet.” [7]

The ELCA’s 1999 social statement, “Sufficient, Sustainable Livelihood for All,” considers the relationship between corporations and politics: “The economic power of large transnational corporations continues to grow, making some of them larger than many national economies. Along with this financial strength comes an inordinate potential to influence political decisions, local and regional economies, and democratic processes in society. The power they wield, enhanced through mergers and buyouts, can have positive effects, but it can also hold others captive to transnational corporate interests. The global community must continue to seek effective ways to hold these and other powerful economic actors more accountable for the sake of sufficient, sustainable livelihood for all.” [8]

In an effort to seek accountability, the ELCA and other investors have called for the establishment of informal and formal codes of conduct on human rights. Once the codes were created, the ELCA has joined others in teaching about these codes, speaking out about them, and supporting compliance with them.

Corporate Response
In response to the impact of economic globalization, there has been a growth of concern within a number of corporations for the human rights of those who are most vulnerable. While we have been accustomed to governments setting boundaries to prevent human rights abuse, many countries do not provide these safeguards. As noted earlier, corporations are now called to set principles to promote human rights within their own operations and within the societies in which they operate. Many corporations have developed policies that support the Universal Declaration on Human Rights and the core conventions of the International Labor Organization (ILO). Corporations have addressed community engagement, safety and healthy working conditions, sustainable wages, and community engagement (especially with regard to indigenous community concerns). Some lay out criteria for selection of and withdrawal from a country of operation, as well as how their work in this area will be verifiable and transparent. These policies go beyond an individual work ethic to encompass the culture and ethic of corporate behavior.

Social Criteria Investment Screens
None currently apply to this paper.

Resolution Guidelines for ELCA

• We support asking a corporation for the development, adoption, review, or implementation of its policies related to human rights.
• We support review of a company’s operations in particular locations when our public policy position or partner churches and agencies express concerns about operations.
• We support requests asking a corporation to endorse the Universal Declaration on Human Rights.
• We support requests for reports on policy and the implementation of a corporation's policy with respect to the United Nations norms on the responsibility of business with regard to human rights.
• We support requests for reports on policy and implementation of a corporation's policy with respect to the UN Declaration on the Rights of Indigenous Peoples  [9]
• We supports asking a corporation to endorse any of the following sets of principles:

• Bellagio Principles [10]
• Convention on the Rights of the Child, Article 32 [11]
• Wood-Sheppard Principles [12]
• International Covenant on Economic, Social, and Cultural Rights [13] 
• Beijing Declaration [14]
• International Labor Organization Conventions  [15]
  • Convention 29, Forced Labour
  • Convention 87, Freedom of Association and the Right to Organize
  • Convention 98, The Right to Organize and Bargain Collectively
  • Convention 100, Equal Remuneration
  • Convention 105, Abolition of Forced Labour
  • Convention 111, Discrimination [Employment and Occupation]
  • Convention 135, Worker representative shall not be subject to discrimination
  • Convention 138, Minimum Age for Admission to Employment
  • Convention 169, Concerning Indigenous and Tribal Peoples in Independent Countries [16]
  • Convention 182, Prohibition and Immediate Elimination of the Worst Forms of Child Labour

[1] http://www.elca.org/socialstatements/peace/

[2] http://www.unhchr.ch/udhr/lang/eng.htm

[3] http://www.elca.org/socialstatements/peace/

[4] http://www.business-humanrights.org/Gettingstarted/UnitedNationsNorms

[5] http://www.elca.org/jle/article.asp?k=315

[6] http://www.elca.org/jle/article.asp?k=214

[7] http://www.elca.org/socialstatements/peace/

[8] http://www.elca.org/socialstatements/economiclife/

[9] http://www2.ohchr.org/english/issues/indigenous/declaration.htm

[10] http://www.iisd.org/measure/principles/progress/bellagio.asp

[11] http://www.unhchr.ch/html/menu3/b/k2crc.htm

[12] http://www.gravesham.gov.uk/reep/principles.htm

[13] http://www.unhchr.ch/html/menu3/b/a_cescr.htm

[14] http://www.un.org/womenwatch/daw/beijing/platform/declar.htm

[15] http://www.ilo.org/ilolex/english/convdisp1.htm

[16] http://www.unhchr.ch/html/menu3/b/62.htm