2. The Protect, Respect and Remedy framework 2.1.
Introduction
The United Nations (UN) has acknowledged that the activities of business enterprises may have a negative impact on human rights. A mandate on business and human rights was created in 2005 on the issue of human rights and transnational corporations and other business enterprises. A Special Representative for Business and Human Rights, Professor John Ruggie, was appointed by the UN Secretary General. This has resulted in the development of the ‘Protect, Respect and Remedy’ 10 framework in 2008 which outlines the duties and responsibilities for states and businesses to address business-related human rights abuses, followed by the 11 Guiding Principles adopted in 2011 that outline how states and businesses should implement the UN framework. The ‘Protect, Respect and Remedy’ framework rests on three pillars. The first is the State’s duty to protect against human rights abuses by third parties, including business enterprises, through appropriate policies, regulation and adjudication. The second is the corporate responsibility to respect human rights, which means that business enterprises should act with due diligence to avoid infringing on the rights of others and to address any adverse impacts. The third is the need for greater access by victims to effective remedy, both judicial and non-judicial.12 The following sections apply the framework to the actors involved and demonstrate how they failed to assume their respective duties and responsibilities in the featured cases.
2.2.
Textile and garment industry in Pakistan
The textile and garment industry is of vital importance to Pakistan’s economy. According to Pakistan's Ministry of Finance's Economic Survey 2011-12, the industry 10
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Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie. “Protect, Respect and Remedy: a Framework for Business and Human Rights”, 2008 http://daccess-ddsny.un.org/doc/UNDOC/GEN/G08/128/61/PDF/G0812861.pdf?OpenElement United Nations Human Rights Office of the High Commissioner, “” Guiding Principles on Business and Human Rights. Implementing the United Nations “Protect, Respect and Remedy””, 2011 http://ww.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf SOMO, CEDHA and Cividep India, “How to Use the UN Guiding Principles on Business and Human Rights in Company Research and Advocacy. A guide for civil society organisations”. Amsterdam: SOMO, November 2012 http://somo.nl/publications-en/Publication_3899
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