By Anesu Dera, the Centre for Applied Legal Studies, and Jessica Lawrence, Lawyers for Human Rights

The decision by the Permanent Mission of Ecuador to change the dates for the 10th session of the Open-ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with respect to Human Rights (OEIGWG) to 16-20 December has raised alarm among civil society organisations (CSOs) worldwide, particularly those representing vulnerable groups in Africa. As advocates for human rights, we find this decision not only troubling but also indicative of a larger trend of deprioritising the need for holding companies accountable that risks sidelining the voices of those most affected by the activities of those very companies.

This year marks the 10th anniversary of a process that has been built on the hard work and dedication of social movements, Indigenous Peoples, trade unions, and countless CSOs from across the globe. Together, we have pushed for accountability and justice for communities adversely impacted by corporate actions. This abrupt change in scheduling threatens to undermine years of advocacy and planning, especially for organisations that rely on limited resources to participate in international dialogues.

The sudden postponement, especially at such a critical stage, further risks eroding trust in a process already under strain in recent years. It sends a signal that the negotiations may not be treated with the urgency and importance they deserve, risking the credibility of the broader effort to promote corporate accountability.

Furthermore, changing the session dates with only a month’s notice disrupts the careful planning that CSOs undertake to ensure that their voices are heard. The scheduling of sessions well in advance has always been crucial for effective participation, allowing organisations to secure funding, arrange travel and obtain visas, which are already prohibitively difficult for African and other global majority actors, and mobilise their communities. Altering the timeline without prior consultation risks shrinking the civic space at the UN and undermining trust in the Mission of Ecuador’s leadership. Concerns about the impact of rescheduling the session and its impacts were as raised by CSOs in an open-letter.

The timing of the rescheduled session poses significant barriers for African CSOs, many of which face financial constraints and logistical challenges. With the new dates falling just before major festive holidays, participation will be further complicated, as CSO representatives may be unable to travel or afford the increased costs associated with holiday season travel. The financial impact of this decision on our constituencies could exceed €200,000, a staggering amount that many organisations simply cannot bear.

The absence of many Global South delegates on the newly proposed dates is another critical concern. It is imperative that diverse voices are included in these discussions; without representation from those most impacted, the outcomes of the session will lack the necessary plurality to help develop consensus for moving this process forward. If the session proceeds without significant participation from these communities, the outcomes will not reflect the realities faced by millions worldwide.

The treaty process has been built on the dedication of millions of people committed to ending corporate impunity. In recent years, we have observed various risks that threaten the treaty process, compromising its integrity and weakening the draft’s provisions. Despite these challenges, Global South states and CSOs have shown increased interest and engagement. Protecting this process and encouraging their active involvement is essential to ensure the final treaty reflects Global South perspectives and provides robust protections for local communities. This is a collective endeavour, not an informal gathering that can be altered without multilateral consultation and comprehensive consideration of its implications. Additionally, postponing the session sends a troubling message to companies – that regulating them is optional and not a priority – undermining the purpose of establishing binding obligations and reinforcing the impunity they already enjoy. We call on the Mission of Ecuador to recognise the significance of this session and to prioritise the voices of those it impacts most.

The global community deserves a UN that truly embodies its principles of inclusivity and representation. We call on the Mission of Ecuador to ensure that the session is a platform through which the voices of marginalised communities are amplified, not silenced.