Morning Session

The first day of the 10th session of the Open-Ended Intergovernmental Working Group (OEIGWG) started today in Geneva with the High Commissioner for Human Rights, Volker Türk, noting the “strong sense of renewed hope and commitment” of the session. In calling for an LBI that establishes a global standard of business conduct, he recognised the ability of corporations to “promote and protect” human rights and lead a just transition – as well as the potential for business to do the opposite, “prioritising profit over all other considerations”. Damilola S. Olawuyi, of the UN Working Group on Business and Human Rights, stressed the significance of a legally binding instrument (LBI) as “it is naive to expect all businesses to take action on their own”. The Chairperson Rapporteur highlighted the role of an LBI in setting a level playing field for companies regarding human rights, noting the significant legal developments in this area over the last few years, as well as the need for process to proceed at a faster pace to fulfil the OIGWG’s mandate.

Many states reiterated their concerns regarding expanding the scope of the treaty and repeated their calls for adherence to the original mandate set out in resolution 26/9, i.e. to limit the scope of an LBI to transnational corporations (TNCs). Several states and civil society organisations (CSOs) also specifically called for tech companies to be covered by an LBI.

The Africa Group pointed out that the most vulnerable communities, often located in developing countries, continue to suffer the negative impacts of the unregulated activities of certain companies. It also stressed the importance of ensuring that the perspectives of developing countries are fully taken into account in the discussion, and that the LBI reflects the principles of economic justice, state sovereignty, and sustainable development.

The European Union (EU) flagged some of its latest regional legislation to advance human rights in business, including the EU Corporate Sustainability Due Diligence Directive. It voiced its support for an LBI to enhance protection against human rights abuses by businesses.

Some Latin American states encouraged a victim-centred treaty, putting individuals’ and communities’ rights at the heart of the process. They called on the international community to put a stop to impunity, to provide access to justice, and to remove legal obstacles such as the forum non-conveniens argument.

The recording of the morning session is available on UN TV here.

Afternoon Session

In the afternoon, states concluded their introductory remarks and CSOs gave their opening statements. CSOs representing business and employer interests expressed their concerns about the draft, notably a failure to align the LBI with the UNGPs and inadequate consultation of the business community. On the other hand, some CSOs stated that there was undue corporate influence on the negotiation process. Many organisations communicated support for a broad treaty scope to close existing gaps in international human rights law, highlighting the importance that the LBI include reference to Indigenous Peoples and address environmental and climate issues

States then picked up where they left off last year at the 9th session by discussing the specifics of Article 4, Rights of Victims. Panama and Brazil raised similar proposals to include “gender, age, and disability sensitive” language in section 4(2)(c). Mexico, Colombia, South Africa and Bolivia backed this proposal.

The US and the UK endorsed Panama’s suggestion to delete the word ”internationally” from the phrase “internationally recognized human rights and fundamental freedoms” in 4(1) to ensure the protection of a broader range of human rights , while the US contended that the new language would avoid creating a separate rights regime for business operations.

The recording of the afternoon session is available on UN TV here.