Recommendation N°22. Companies' place in sustainable development and their responsibility

Páginas138-144

Page 138

Having regard to the 1972 Stockholm Declaration and more particularly its assertions according to which "Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well being" and "everybody, citizens and communities, firms and institutions, whatever ..., assume its responsibilities and share tasks on an equal level",

Having regard to the principles of the 1992 Rio declaration, and more particularly Principle 13 which says that "States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction",

Having regard to the Action Plan 21,

Having regard to the resolution of the UN General Assembly of the 11th of December 1987 indicating that ‘ the concept of sustainable development ...should become the directive and fundamental principle for ... institutions, organizations and private firms’,

Having regard to the Johannesburg declaration on sustainable development and particularly § 27 which underlines that ‘in pursuit of its legitimate activities the private sector, including both large and small companies, has a duty to contribute to the evolution of equitable and sustainable communities and societies’,

Having regard to the plan implementation of the World Summit for sustainable development (§140 f) which reminds the necessity of ‘promoting the corporate responsibility and being held accountable and the exchange of the best practices in the context of sustainable development, including, as appropriate, through multi-stakeholder dialogues ...",

Considering that companies, either private or public, should be considered as full-fledged actors of Environmental International Law on the same level as States, NGO, or the civil society and that they have more particularly the best position to take up the challenges of sustainable development, and to permit the emergence of a green economy. That their role is essential in the innovation and the development of technologies which respect the environment, Considering that it is necessary to look at things from the perspective of precautionary and polluter-pays principles by encouraging team spirit, competitiveness and innovation, Considering that companies must make interdependent and complementary mainstays - economic, social and environmental ones - progress on all levels by adopting an integrated approach,

Considering that companies must save the environment from negative impacts generated/ caused by their activities, as well towards actual generations as towards future ones; that as a consequence they must adopt a responsible behavior towards the Human and the Environment,

Page 139

Considering that they have to respect the binding rules destined to assure the protection of the environment, in effect on the local, national, regional but also international level, that these rules are too often unknown and not respected,

Considering that the effectiveness of the protection of the environment has to be ensured, Considering that serious damages caused to the environment can constitute violations of the fundamental rights which are internationally recognized and that it is essential to ensure; that it is important to reinforce these rights as far as the environment and social matters are concerned, Considering that it is necessary to claim with force and vigour, on the international scale, the fundamental right of each person to live in a viable and safe environment, which ensure its dignity; that each State has to protect this right,

Considering that lots of conventions exist in terms of responsibility because of some pollutions and nuisance generated by economic actors, that however, it is necessary to overcome this sectoral approach...

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