The limits of self-regulation and soft law in Business and Human Rights from a victims perspective: Reflecting on the human rights impacts by corporations from Chile, China, Spain and Peru

In the current global economic consensus of neoliberalism, maximizing profit is prioritized on behalf of respecting international human rights regulations. Ensuring multinational enterprises implement adequate corporate responsibility in Peru has been troublesome. This report describes issues of union member harassment, questionable tax practices and denial of local Indigenous communities their right to Free, Prior and Informed Consent (FPIC).

This report is based on findings by Perú EQUIDAD, evaluating the human rights impacts of 14 diverse corporations–headquartered in Chile, China and Spain–in Peru. Interviews with trade union and Indigenous community leaders were conducted, as well as an extensive archival analysis for each case.

Despite the long list of international, regional, national and even corporate standards, the study demonstrates the problematic gap between rhetoric and reality in terms of corporate and state performance on human rights in business. The authors of the report urge for states and international actors to promote a binding treaty on business and human rights to avoid the troubling limits of ‘voluntary commitments’.