This database has been developed under the auspices and guidance of the UN Office of the High Commissioner for Human Rights (OHCHR). A variety of local and international rights groups, such as Amnesty International, the International Federation for Human Rights, and Human Rights Watch has assisted this initiative. As a way to regulate the UN Guiding Principles on Business and Human Rights (UNGP), The database’s purpose is to help companies and states ensure they do not aid or profit from the activities of the settlements of Israel.
The UN will make the database available by the end of 2018 after having conversations with up to 150 businesses that comprise 60 are from outside the country and the remaining Israeli.
To ensure the credibility that the databases have and defend its integrity against criticism to ensure its integrity, the UN must define its purpose and demonstrate the database isn’t a punishment tool but rather a crucial tool for enhancing transparency in business as well as enabling state and business to comply with their requirements under the international legal system.
Human rights and their compliance
The database started with an idea in the 2013. UN truth-seeking mission report about Israel’s settlements. It was which was endorsed by the Human Rights Council in March 2016.
In Israel’s settlements according to the Human Rights Council’s resolution of March 2017 confirmed, “it is not possible for businesses to take appropriate steps in view of the immitigable nature of the adverse impact of their activities on human rights”. All business transactions connected to the Israeli settlements contribute to the illegal financial flows that result from the unlawful use of acquired property rights from Israeli government officials. Israeli government.
The need to be vigilant about how foreign as well as Israeli companies in the Israeli settlements was ignited through UN Security Council Resolution 2334 which declared that the settlement activities of Israel within occupied territory is “no legal validity and constitutes a flagrant violation under international law,” and requested that third countries stop settlement-related entities and settlement-related activities from dealing to Israeli entities.
At present, about 18 European government advisory documents have advised firms of the economic, legal, financial, and dangers of conducting business within Israel’s settlements. In recent times, a number of financial institutions, companies as well as pension fund, including which is one of them a Norwegian state fund and a Dutch pension funds, Danish bank, and a Dutch engineering firm took the decision to stop business in Palestinian territories.
Not punishment, but engagement
The UN database serves as a tool to record, report and inform primary parties. It is not an obligation to decide on the responsibility of the parties involved or act as an effective tool for law enforcement. This is why those who describe it as”a “blacklist” misrepresent it and undermine its legitimacy.
In order to maximize its efficiency and be effective, the database should be able to connect and work with companies operating in the territories as well as their home states. It is not able to afford to lose its intended audiences by acting as an adjudicative, coercive, or other body.
The OHCHR should be aware of the mistakes made by prior UN-led efforts to register companies. For instance, an example of the UN Center for Transnational Corporations, which was mandated to publish reports on the business practices of Apartheid-era South Africa, never gained enough support due to its presentation as a punishment. The UN panel investigating the plundering of the resources within DRC came up with a list of firms, which was criticized because of not being able to get the cooperation of businesses.
There is certainly no doubt that this UN database will be entangled in political tensions. It may not be the only one in its field. However, it could become the first a tool for regulation that is gaining support and promotes conformity to international laws.