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Updates 2016

Last years’ developments in Geneva on the UN business and human rights treaty.

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In October 2016, States and civil society groups and from all over the world gathered at the at the UN in Geneva for the second session of the open-ended intergovernmental working group (IGWG) on transnational corporations and other business enterprises with respect to human rights .

The main purpose of these talks was to deliberate on the content, scope, nature and form of the future international instrument on business and human rights. SOMO was one of the many NGO’s following the discussions in Geneva and works together with partner organisations towards a treaty  that will effectively contribute to enhanced access to justice and remedy for victims of business related human rights abuse.

See updates from these negatations below. Useful links, summaries and statements are found at the bottom of this page.

 October 28, 2016

Read a summary of day 5 here(opens in new window) .

Over the past decades, States have reaffirmed the right to an effective remedy in numerous treaties and declarations, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law. It is time to put these words into action, and ensure that the right to an effective remedy is protected and promoted for all victims, also for those whose rights were violated by corporate actors.

– Lydia de Leeuw of SOMO, also on behalf of other organisations – read the full statement(opens in new window)

In particular, the treaty should oblige states to provide for civil, criminal and administrative liability in case of violations of human rights by business. The treaty should also include a provision for collective redress and access to legal aid in appropriate cases. Furthermore, transparency and access to information need to be ensured through the treaty, in order to enable victims to effectively seek remedy. Legal action from both host and home States should be required, with denial of access to remedy being treated as a human rights violation by the State concerned.

– Lydia de Leeuw of SOMO, also on behalf of other organisations – read the full statement(opens in new window)

Parent companies are rarely held liable for human rights abuses committed by their subsidiaries or along their supply chains, while the environment of local subsidiaries and suppliers is often characterized by weak regulation and enforcement. Therefore, the future international legally binding instrument must remove obstacles to remedy at the national level […]

– Lydia de Leeuw of SOMO, also on behalf of other organisations – read the full statement(opens in new window)

 

 

October 27, 2016

Read a summary of day 4 here(opens in new window) .

 

October 26, 2016

Read a summary of day 3 here(opens in new window) .

 

 

October 25, 2016

Read a summary of day 2 here(opens in new window) .

 

 

October 24, 2016

Read a summary of day 1 here(opens in new window) .

The Treaty should ensure that trade and investment treaties do not prevent States from meeting their pre-existing human rights obligations, and do not provide the means for companies to escape their responsibility. It should :  

– Debbie Stothard of FIDH, also on behalf of SOMO

The treaty should address the following challenges, namely:

– Debbie Stothard of FIDH, also on behalf of SOMO

FIDH, CIDSE, SOMO and FoEE which are all members of the Treaty Alliance, firmly believe that a legally binding instrument must not be conceived as an isolated instrument –  it must address the legal issues and potential conflicts that result from other legal regimes, such as those created by trade and investments agreements.

– Debbie Stothard of FIDH, also on behalf of SOMO

We call on States to begin considering how the future binding instrument can best respect, protect and fulfill human rights in this context, and ask them to consider the inclusion of a general ‘good governance and conflict of interest mitigation’ provision into the text of the future instrument.

– Intervention by ESCR-net

The first day of the week-long second session of the UN Intergovernmental Working Group (IGWG) on the proposed business & human rights treaty is about to kick off!

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Oral and Written Statements

Panel IV: Open debate on different approaches and criteria for the future definition of the scope of the international legally binding instrument (opens in new window) – By SOMO, CIDSE, FIDH, ICJ and more organisations.

Panel VI: Lessons learned and challenges to access to remedy (selected cases from different sectors and regions)(opens in new window) – By SOMO, CIDSE, FIDH, ICJ and more organisations.

All written contributions(opens in new window)

Summaries

Summary day 1(opens in new window)

Summary day 2(opens in new window)

Summary day 3 & 4(opens in new window)

Summary day 5(opens in new window)

Useful links

UN Human Rights (opens in new window)  – Live stream, agenda and more.

Press release by FIDH(opens in new window) – International Federation for Human Rights.

Treaty Alliance(opens in new window)  – Global movement for a binding treaty on business and human rights.

Treaty Alliance: Resources(opens in new window) – Official docs, statements, studies, opinions, background information.

Business and Human Rights Resource Centre(opens in new window) – Live Twitter feed, related statements and articles, a blog(opens in new window) and more.

European Coalition for Corporate Justice(opens in new window) – Live Twitter feed, articles and more.

International Network for Economic, Social and Cultural Rights(opens in new window) – Video of side event, views of the day and more.

Red International de Derechos Humanos(opens in new window) – Facebook page: video’s, side events, views of the day and more.

Stop Corporate Impunity(opens in new window)  – Campaign to stop corporate impunity, mobilisation and more.

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