Bhopal-type disasters: Lack of binding UN treaty behind 'failure' to regulate TNCs

By Gopal Krishna*
A binding UN treaty alone can ensure that transnational corporations like UCC/Dow pay the price for industrial disasters. Liability for industrial disasters such as the 1984 Bhopal gas tragedy must be pinned on transnational corporations. New efforts for an enforceable treaty which are underway alone can ensure that business enterprises are subservient to both peoples’ will and legislative will. It can ensure the primacy of human rights and public interest over private economic interests.
a compelling logic for the governments “to establish an open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, whose mandate shall be to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.”
The open-ended intergovernmental working group (OEIGWG) has had seven sessions so far. Ahead of the seventh session, the Permanent Mission of Ecuador, on behalf of the Chairmanship of the OEIGWG, released a third revised draft legally binding instrument to regulate the activities of transnational corporations and other business enterprises. The third revised draft served as the basis for State-led negotiations during the seventh session, which took place from 25 to 29 October 2021.
Thirty seven years after the Bhopal gas tragedy of 1984, the victims and the adversely affected ecosystems await relief and remediation. Lessons from such industrial disasters create a compelling logic for an internationally binding treaty for transnational corporations (TNCs) and human rights.
To this end, a UN resolution of 2014 created the UN open-ended intergovernmental working group and tasked it to prepare the text of such a treaty. Given the fact that corporations are admittedly not meant to be “democratic public interest institutions”, such negotiations on an enforceable treaty is of great significance.
Prior to the current efforts initiated by Ecuador and supported by India, China, South Africa and others, to provide a legal remedy to wrongs committed by business enterprises, the UN Sub-Commission on the Promotion and Protection of Human Rights had approved the ‘UN norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights’.
These norms emerged as a step towards ensuring corporate accountability in August 2003. But the report of the special representative of the UN Secretary-General on business and human rights undermined these proposed mandatory norms under the influence of International Chamber of Commerce and the International Organization of Employers.
It chose to promote the Guiding Principles on Business and Human Rights in July 2011 as part of advocacy for the status quo of voluntary regulation by the companies while admitting that “while corporations may be considered organs of society, they are specialised economic organs, not democratic public interest institutions.”
The tremendous influence of US-based Union Carbide Corporation (UCC) became visible when I posed a question to the chief minister of Madhya Pradesh. I asked him about the disposal of the 336 tonnes of hazardous waste lying in the UCC factory, its liability and the disclosure of the report of the judicial inquiry commission on the 1984 Bhopal disaster. The chief minister chose to maintain a studied silence about all these questions. Significantly, although the Justice SL Kochar led commission submitted its report to the state government in February 2015; it has not been made public as yet.
In such a backdrop, it was remarkable that the foreign ministry under Sushma Swaraj changed India’s position with regard to a mandatory UN treaty. In its essence, the proposed treaty is an outcome of some 45 years of effort underlining that self-regulation by TNCs is not enough at all.
In order to inspire confidence, the new efforts for an enforceable treaty must ensure that business enterprises are subservient to both peoples’ will and legislative will. It should ensure the primacy of human rights and public interest over private economic interests. It should reaffirm the hierarchical superiority of human rights norms over trade and investment treaties and develop specific state obligations in this regard.
----
*Law and public policy researcher. Source: ToxicsWatch

Comments

Modi’s Israel visit strengthened Pakistan’s hand in US–Iran truce: Ex-Indian diplomat

By Jag Jivan M. K. Bhadrakumar , a career diplomat with three decades of service in postings across the former Soviet Union, Pakistan, Iran, Afghanistan, South Korea, Sri Lanka, Germany, and Turkey, has warned that the current truce in the US–Iran war is “fragile and ridden with contradictions.” Writing in his blog India Punchline , Bhadrakumar argues that while Pakistan has emerged as a surprising broker of dialogue, the durability of the ceasefire remains uncertain.

Incarceration of Prof Saibaba 'revives' the question: What is crime, who is criminal?

By Kunal Pant* In 2016, a Supreme Court Judge asked the state of Maharashtra, “Do you want to extract a pound of flesh?” The statement was directed against the state for contesting the bail plea of Delhi University Professor GN Saibaba. Saibaba was arrested in 2014, a justification for which was to prevent him from committing what the police called “anti-national activities.”

Why Indo-Pak relations have been on 'knife’s edge' , hostilities may remain for long

By Utkarsh Bajpai* The past few decades have seen strides being made in all aspects of life – from sticks and stones to weaponry. The extreme case of this phenomenon has been nuclear weapons. The menace caused by nuclear weapons in the past is unforgettable. Images of Hiroshima and Nagasaki from 1945 come to mind, after the United States dropped two atomic bombs on the cities.

Food security? Gujarat govt puts more than 5 lakh ration cards in the 'silent' category

By Pankti Jog* A new statistical report uploaded by the Gujarat government on the national food security portal shows that ensuring food security for the marginalized community is still not a priority of the state. The statistical report, uploaded on December 24, highlights many weaknesses in implementing the National Food Security Act (NFSA) in state.

Manufacturing, services: India's low-skill, middle-skill labour remains underemployed

By Francis Kuriakose* The Indian economy was in a state of deceleration well before Covid-19 made its impact in early 2020. This can be inferred from the declining trends of four important macroeconomic variables that indicate the health of the economy in the last quarter of 2019.

The soundtrack of resistance: How 'Sada Sada Ya Nabi' is fueling the Iran war

By Syed Ali Mujtaba* The Persian track “ Sada Sada Ya Nabi ye ” by Hossein Sotoodeh has taken the world by storm. This viral media has cut across linguistic barriers to achieve cult status, reaching over 10 million views. The electrifying music and passionate rendition by the Iranian singer have resonated across the globe, particularly as the high-intensity military conflict involving Iran entered its second month in March 2026.

Lata Mangeshkar, a Dalit from Devdasi family, 'refused to sing a song' about Ambedkar

By Pramod Ranjan* An artist is known and respected for her art. But she is equally, or even more so known and respected for her social concerns. An artist's social concerns or in other words, her worldview, give a direction and purpose to her art. History remembers only such artists whose social concerns are deep, reasoned and of durable importance. Lata Mangeshkar (28 September 1929 – 6 February 2022) was a celebrated playback singer of the Hindi film industry. She was the uncrowned queen of Indian music for over seven decades. Her popularity was unmatched. Her songs were heard and admired not only in India but also in Pakistan, Bangladesh and many other South Asian countries. In this article, we will focus on her social concerns. Lata lived for 92 long years. Music ran in her blood. Her father also belonged to the world of music. Her two sisters, Asha Bhonsle and Usha Mangeshkar, are well-known singers. Lata might have been born in Indore but the blood of a famous Devdasi family...

School closures across states raise concerns amid Govt of India claims of improved access

By A Representative A recent report has raised concerns over the closure and merger of government schools in several Indian states, particularly in Bihar, where a significant number of institutions have reportedly been shut down or earmarked for closure.

Health activist group raises concerns over HPV vaccination drive, seeks temporary halt

By A Representative Swasthya Adhikar Manch, a public health advocacy group, has urged the Union government to ensure greater accountability and transparency in the ongoing Human Papillomavirus (HPV) vaccination campaign, and called for its temporary suspension pending a comprehensive review. In a letter addressed to the Ministry of Health and Family Welfare, Government of India, the group flagged what it described as unresolved concerns surrounding the nationwide rollout of the HPV vaccine, which began on February 28, 2026. The campaign targets 14-year-old girls and involves administering Gardasil, a quadrivalent vaccine intended to protect against certain strains of HPV linked to cervical cancer.

Search This Blog