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DONATIONS AND DEMOCRACY
The connection between foreign companies and U.S. Congress members who voted against certifying the results of the 2020 U.S. presidential election – Democracy, human rights and rule of law concerns
Why human rights, democracy and rule of law concerns are raised when companies and trade associations fund the campaigns of candidates after they voted against certifying the results of a democratic election which the courts had ruled was fair:
Internationally-recognized standards make clear that respect for democratic elections is inextricably linked to respect for fundamental human rights and the rule of law. The United Nations Guiding Principles on Business and Human Rights require all companies to respect human rights.
- The Universal Declaration of Human Rights provides in Article 21 that “the will of the people shall be the basis of the authority of government,” and the United Nations has emphasized the inextricable links between democracy, respect for elections, human rights and the rule of law.
- The United Nations Guiding Principles on Business and Human Rights require all companies to respect human rights (Guiding Principles 11 and 12). Guiding Principle 13 makes clear that this requirement applies to a company’s actions or omissions, and to its business relationships.
- The United Nations Working Group on Business and Human Rights issued a 2022 report to the United Nations General Assembly entitled “Report on corporate political engagement and responsible business conduct.” That report notes that “the global human rights community is increasingly documenting links between some forms of corporate political engagement and human rights abuses," including “the overall weakening of democratic institutions and processes." The report states that corporate financial political contributions can have an adverse impact on human rights, and says: “When businesses make contributions to individual politicians, political parties or political causes, they should assess the potential adverse human rights impacts linked to those decisions and also consider stances taken by politicians or political organizations that may run counter to respect for human rights.”
- The United Nations publication "HUMAN RIGHTS AND ELECTIONS: A Handbook on International Human Rights Standards on Elections" states on page 57: "The prevailing atmosphere of an election period should be one of respect for human rights and be characterized by an absence of intimidating factors and violence."
- Rule of law: In 2012 the United Nations General Assembly reaffirmed "that human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the United Nations."
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