As the UN Human Rights Council (UNHRC) enters into the 10th negotiation session for a legally binding treaty on business and human rights, we, the undersigned organisations, call on the UK government to constructively engage in these treaty negotiations while simultaneously pursuing mandatory legislation on a national level to fulfil its duty to protect against human rights abuses by third parties, including by businesses.

In 2024, the G7 committed to “support a global level playing field on business and human rights” and “explore ideas and options for a consensus-based legally binding instrument at the international level”. This is warmly welcomed and supports the UK’s intention to build resilient supply chains, as reflected in the UK’s new industrial strategy green paper. The situation of many communities and ecosystems around the world negatively impacted by business operations continues to be severe due to the inadequate human rights protections businesses put in place, and both inaction and existing inadequate actions by states. To fulfil its commitments at this year’s Treaty negotiations, we call on the UK Government to adopt a gender responsive, rights-holder and victim-centred approach, and to constructively support a strong Treaty that ends corporate impunity, particularly in transnational settings, and enables effective access to justice. 

Reliance on voluntary compliance with the UN Guiding Principles on Business and Human Rights (UNGPs) is insufficient...

Consequently, mandatory measures are needed at the national level and, due to the size and power of businesses and the global nature of their activities, at the international level. The UN Binding Treaty would regulate the activities of transnational corporations and other business enterprises in international human rights law and fill important accountability gaps. To do so, strong provisions on, among others, prevention, access to remedy, legal liability and jurisdiction are needed – as are provisions on the protection of the environment and climate change. However, the 2023 updated draft weakened these provisions compared to the third draft, and many significant comments by Global South countries were disregarded in producing it.

All business enterprises must be legally obliged to respect human rights and the environment. Transnational enterprises and business activities of a transnational character can exploit accountability gaps that are created by complex corporate structures, which obscure responsibility under different domestic laws, create power imbalances across borders, and lead to jurisdictional challenges. The Treaty must specifically focus on these transnational businesses and activities. At a national level, mandatory rules are needed for all businesses, including those without any transnational activities, to implement and complement international standards...