Abstract
In her article, Brazilian professor Daniela Ann Pamplona describes the role of the JointConstitutional Project for Latin America (ICCAL) in strengthening the investment potential of LatinAmerican countries, strengthening the capacity of Latin American countries and businesses to respectand protect human rights. ICCAL is the latest theory developed by Armin von Bogdandi, MarielaMorales Antoniazzi and Flavia Piovesan at the Max Planck Institute for Comparative Public Law andInternational Law, which seeks to promote the transformation of social and political realities in LatinAmerica to create the necessary democratic conditions. and human rights. The current situation in theregion is characterized by a number of multifaceted challenges: high poverty rates, deep social gapsthat limit access to opportunities, especially for the most vulnerable; Ethnic groups and indigenouspeoples are not protected and respected in the implementation of macro-projects, such as mining,the lack of norms and practices on the obligation of companies to consult widely with indigenous andtribal peoples and to ensure their participation in any decision to intervene affects their territories.ICCAL’s approach to business and human rights is based on various Inter-American Court rulingsthat recognize the role of companies in adversely affecting human rights, but at the same time clearlyarticulate the human rights obligations of governments and businesses in terms of the HumanRights Guidelines. As the author explains, the potential role of ICCAL is that it can be a practicalguide for interpreting different national norms and helping to strengthen weaker states. It can alsostrengthen dialogue between countries in the region and with the Inter-American Human RightsSystem. Cohesion around the meaning and content of human rights will allow states and companiesto more effectively coordinate and coordinate actions to promote human rights.
Highlights
States have international obligations to protect human rights, assumed through the ratification of treaties
The National Guidelines (NG) establishes that companies must monitor respect for human rights in their supply chain which is aligned with long lasting pledges from civil society but, since it is included in a list of voluntary measures, it does not stand a good chance of being followed by companies
The genesis of the problems faced today in the business and human rights (BHR) field in Latin America lies in the need for investment, the legal protection of investors and the lack of room for domestic regulation leading to the weakening of the State in the face of economic activity
Summary
States have international obligations to protect human rights, assumed through the ratification of treaties. We observed companies that did not respect signed contracts, that dismissed people en masse, that transferred the negative impact of the pandemic to the weakest part of their business relationships. These conducts reflect the absence of adequate state regulation to demand companies to act otherwise. The actions of states and companies have worsened these impacts and lead to reflection on the urgent need for a new configuration of state-individual-businesses relations The relationship between these violations, the lack of effective mechanisms to address them and the Ius Constitutionale Commune for Latin America (ICCAL) must be made. It is intended to demonstrate that the ICCAL presents a rationale capable of providing a basis for conduct that leads to more satisfactory responses in the fight against human rights violations committed by private entities
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