• Home corporations operating abroad in countries in conflict, with weak governance or in free economic zones; • Foreign corporations operating domestically in free economic/export zones or conducting large scale development projects; • • The financial sector including project financiers and institutional investors; Corporations operating in potentially at risk sectors such as extractive, forestry, food and beverage, pharmaceutical, IT and textile/clothing industries. Advocacy It is crucial that States create a legal framework to appropriately and effectively regulate the activities of TNCs both at home and overseas. NHRIs have a role to advocate that governments introduce and implement legislation and regulations that meet international best practice in the prevention of human rights violations by TNCs at home and overseas, including labour rights. Advocacy with government should be premised on the States obligation to take positive action to ‘ensure’ the rights contained in the various core human rights instruments, and that this obligation can only ‘fully discharged’ if individuals are protected by the State from violations by its own agents, and from acts committed by private persons or entities. 22 This provides firm ground for highlighting the need for broad state action that protects the society as a whole, and vulnerable groups such as human rights defenders, in particular. At the domestic level, NHRIs should consider advocacy in relation to the following: • The creation of laws that clearly identify the obligations of corporations and other business enterprises to respect human rights. • legal recognition of corporate complicity for human rights violations, and at the very least, in relation to international crimes; The exercise of extra-territorial jurisdiction in suitable circumstances, including consideration of the development of domestic legislation similar to the American Alien Torts Claim Act. • • Where appropriate, the introduction of criminal sanction. Liability must encompass the parent corporation, not only because of the difficulty of pursuing offenders in host jurisdictions, but also because of the frequent culpability of the parent corporation itself. Principles of separate corporate identity should not be allowed to limit liability of a parent company if it can be clearly shown that the operations are ultimately controlled by, and for the benefit of, the parent corporation. • The introduction of broad based and innovative sanctions, including adverse publicity orders, corporate probation, fines, de-registration, restraint (including a limited cessation of trading, restrictions on government contracting, the removal of export licenses etc), and reparations, guarantees of non-repetition etc should be considered. • the ratification and domestic implementation of relevant international instruments; • The recognition and implementation of relevant comments and recommendations made by UN treaty bodies and special mandate holders. • The domestic application of relevant guidelines and codes, particularly those developed in cooperation with Governments, such as the ILO Tripartite Declaration and the OECD Guidelines for Multinational Enterprises. The inclusion of corporate human rights compliance in National Human Rights Plans of Action. • • Encouraging governments to take the role of exemplar in their involvement with TNCs. For example, government contracts with TNCs and other business enterprises should include conditions that they will comply with universally accepted human rights standards. 22 General Comment No. 31, The Nature of the General Legal Obligation Imposed on States Parties to the Covenant, Human Rights Committee, CCPR/C/21/Rev.1/Add.13, 26 May 2004, §8. - 16 -