Posted: October 12th, 2022

Thesis Defense

Thesis Defense

Introduction
The topic of this study is human rights violations by multinational companies with a special focus on H&M and Shell Oil Company as a case study. The choice of this topic is informed by the fact that human rights violations by multinational companies have continued to occur worldwide despite the existence of various international law instruments. Undertaking this study is important to understand why this is the case and the measures that can be undertake to solve this challenge. The study hypothesis that multinational companies have continued to violate human rights despite the awareness of national and international authorities because of corruption and some states lacking capacity to prosecute the MCNs involved in these HRs violations.
Research Methodology
The research methodology adopted for this research is to analyze the available research or literature about the topic. This involves looking at recently published journals about the topic to understand the scope of problem. In addition, the study also looked at some of the common human rights violation cases were handled and in particular the Shell Oil Company and H & M Company cases. Undertaking this approach helps get an understanding of the problem and also learn from the steps taken to solve this problem. Finally, the study has considered the opinions and recommendations given by the relevant stakeholders to address the issues raised within the study.
To have a better understanding of various aspects of the study, the paper has looked at the theoretical conceptions of human rights and multinational companies. Three theories namely, natural law theory, positivism law theory, and social contract theory have been used to explain how states acquire their responsibility to offer protection to HRs. These theories have therefore formed the basis on which this study’s analysis is done leading to a better understanding of the relationship between HRs and multinational companies.
The study is broken down to three chapters where chapter one seeks to establish the relationship between States and private actors in regards to HRs by multinational companies. In this chapter, the theoretical conceptions of human rights and human rights relationship to multinational companies and its importance are thoroughly discussed. Chapter two takes a practical analysis of human rights and multinational companies by taking a closer look at Shell Oil Company and H & M Company. The last chapter is broken down in to two parts where the first part focuses on discussing the liability of multinational companies under human right laws. The second part makes a conclusion of the research findings and gives recommendations on the steps necessary to solve this problem.
Findings
From the findings of this study, three key points come out very clear on why multinational companies have continued to violate human rights despite the awareness of national and international authorities. First, it is quite evident that some states don’t have the capacity to make prosecutions on multinational companies engaging in human rights violations. The second finding is that some countries especially among the least developed have a heavy reliance on multinational companies as their main source investments and employment to their local citizens. As result, such countries tend to be very reluctant to take tough measures against the multinational companies violating human rights within their jurisdiction for fear of loss of revenue and employment opportunities to their citizens. Finally, corruption has significantly contributed to this problem where some countries are very corrupt with some government officials deliberately selling out of human rights of their fellow citizens in exchange of some financial benefits.
Other findings are that most human rights conventions globally place human rights protection responsibility under respective states. This implies that states should protect HRs and are accountable for any human rights violations. As such, any state that fails to hold private companies like Shell Oil Company responsible for any HRs violations have to take accountability for these violations as well. The study also finds that there is a need for international bodies like the UN and EU to come with an international principles focusing on MNCs and HRs protection.
Conclusion and Recommendations
From the foregoing, the study agrees with the hypothesis that indeed multinational companies are violating HRs as evidenced by Shell Oil Company operations within Nigeria and operations at H&M Company. Secondly, from the analysis done in the study, it is quite evident of the states have failed to protect HRs within their jurisdictions. Instead they have contributed or become accomplices to some of these HRs violations. Corruption has emerged as a huge impediment to the effective implementation and HRs protection.
Among the recommendation made is that states should enhance public participation with all projects affecting citizens either directly or indirectly. In addition, relevant agencies like the police force should be given more tools and education on how to deal with all HRs challenges. Moreover, respective states should ensure that there are serious reforms in their police forces to ensure that they are well educated on the need to enhance protection of their human rights by making it a priority within their line of duty. Finally states should hold annual conferences to engage with the multinational companies especially on the significance of protecting human rights.

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