Last years' developments in Geneva on the UN business and human rights treaty.
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.
Optimistic end to an intense week in #Geneva discussing #BindingTreaty to #stopcorporateabuse! #bizhumanrights https://t.co/MIzlpAzZZq
— ECCJ (@corpjust) October 28, 2016
Draft report 2nd #IGWG session adopted. Elements for #BindingTreaty to be developed for next year. Let’s keep up good work! @TreatyAlliance
— Lydia de Leeuw (@LydiaDeLeeuw) October 28, 2016
Venezuela and Bolivia support South Africa’s proposal. Now discussion among States, whether or not to ask for draft treaty text in IGWG rep https://t.co/dtSdQoNEiO
— Lydia de Leeuw (@LydiaDeLeeuw) October 28, 2016
States deliberating final report of #IGWG for #BindingTreaty to stop #StopCorporateAbuse. SouthAfrica wants ask 4 draft treaty text included pic.twitter.com/jtN5hzpOcl
— Lydia de Leeuw (@LydiaDeLeeuw) October 28, 2016
#BizHumanRights: 2nd round of negotiations of a #bindingtreaty ends today https://t.co/5KuIxPIwuI @Fidh_en mobilized to #StopCorporateAbuse!
— FIDH at the UN (@fidh_un) October 28, 2016
Intense talks on #bindingtreaty @UNGeneva!Read Day 3&4 summary: https://t.co/k83KMScc2J! Thanks @SOMO @BROT_furdiewelt @fidh_eu @foeeurope! pic.twitter.com/SqFqJpw8sa
— ECCJ (@corpjust) October 28, 2016
People from all over the world joined the #weekofaction for a #BindingTreaty to #stopCorporateAbuse. Check it out! https://t.co/GbZFKIgmze pic.twitter.com/NReQWORxF7
— Treaty Alliance (@TreatyAlliance) October 28, 2016
“We are here in Geneva to demand a #BindingTreaty. The guiding principles are not enough for communities!” E. Pèriz @TierraDigna pic.twitter.com/zqwxOjDoPp
— CIDSE (@CIDSE) October 28, 2016
#BindingTreaty key as the balance of power is different for companies & affected populations- J.Fernandes @MAB_Brasil #StopCorporateImpunity pic.twitter.com/6tUhmrZLrA
— CIDSE (@CIDSE) October 28, 2016
Victims of abuses of corporate power should have effective instruments for #HumanRights @Aprodeh https://t.co/1HgJ4hOdES
— CIDSE (@CIDSE) October 28, 2016
.@ECCHRBerlin shares obstacles faced 2 ensure victims can participate in court proceedings in corporate cases @TreatyAlliance #BindingTreaty
— Marion Cadier (@MarionCadier) October 28, 2016
Angela Choc from #Guatemala highlights the lack of #translators in court as great obstacle in having access to remedy for #IndigenousPeoples
— Treaty Alliance (@TreatyAlliance) October 28, 2016
#IndigenousPeoples and #women most affected by TNCs and OBEs #humanrights abuses in Guatemala #BindingTreaty #stopcorporateabuse pic.twitter.com/1H7nSePPPE
— Treaty Alliance (@TreatyAlliance) October 28, 2016
Issues raised at Side Event: violation to the right to #information and lack of #independence of the judicial system @UNGeneva in Guatemala
— Treaty Alliance (@TreatyAlliance) October 28, 2016
Side Event to the IGWG on TNCs-OBEs by @FIANista on behalf of @TreatyAlliance on access to remedy #stopcorporateabuse #BindingTreaty
— Treaty Alliance (@TreatyAlliance) October 28, 2016
@TreatyAlliance side event starting now in room XXIII #BindingTreaty #stopcorporateabuse pic.twitter.com/Bwu6Jxeo1M
— Marion Cadier (@MarionCadier) October 28, 2016
“40 years of voluntarism shows that voluntarily mechanisms are not enough.” Professor Stephens on #BindingTreaty to #stopcorporateabuse pic.twitter.com/jK4EOJQ8cq
— Lydia de Leeuw (@LydiaDeLeeuw) October 28, 2016
Farmer Abu Saker speaks about state-corporate #LandGrabbing + theft of #Palestine #water, for #settlements. #BindingTreaty @BADIL_Center https://t.co/MNI3jnt7eh
— Lydia de Leeuw (@LydiaDeLeeuw) October 28, 2016
Our Gizela Zunguze asks for access to justice for victims of abuses by #mining giants #Vale and Jindal #BindingTreaty #StopCorporateAbuse pic.twitter.com/YTUQd2X1xw
— Friends of the Earth (@FoEint) October 28, 2016
“#Colombia’s #peaceprocess needs an #accountable extractives industry” says coalition of NGOs: https://t.co/1yJiP53i02
— BusinessHumanRights (@BHRRC) October 28, 2016
Treaty should guarantee states obligations to protect #HumanRights in connection wt corporate activities. Read here https://t.co/vG1zVYbdcB pic.twitter.com/D0QenhmS2c
— CIDSE (@CIDSE) October 28, 2016
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
Statement was made on behalf of @CIDSE @fidh_en @bread4theworld @IBFAN_GIFA @foeeurope @SOMO: https://t.co/nkp2O6UY7y
— Mariëtte v Huijstee (@Mariette_v_H) October 28, 2016
#BindingTreaty must remove barriers in access to remedy (eg, remove corporate veil obstacle), argues @LydiaDeLeeuw pic.twitter.com/wDnOxgMTG2
— Surya Deva (@ProfSuryaDeva) October 28, 2016
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
.@LydiaDeLeeuw: “#bindingtreaty should oblige states to provide for civil, criminal and administrative liability for #bizhumanrights abuse” pic.twitter.com/j236i8FWtB
— Mariëtte v Huijstee (@Mariette_v_H) October 28, 2016
@LydiaDeLeeuw @SOMO asks what are states doing to improve access to legal remedy for victims of corporate abuse? #BindingTreaty
— CAFOD Policy (@CAFODwire) October 28, 2016
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
@SOMO reads joint statement on access to effective remedy in the #BindingTreaty This is the time for States to act to #stopcorporateabuse
— Maddalena Neglia (@MaddalenaNeglia) October 28, 2016
Crucial discussion on this last #BindingTreaty IGWG day: obstacles to access to remedies. Ex from Burma @KDanielAguirre #stopcorporateabuse
— Marion Cadier (@MarionCadier) October 28, 2016
#Myanmar is important example of govt. prioritising attracting investment over #humanrights, says legal expert: https://t.co/ctZKaJNo9x
— BusinessHumanRights (@BHRRC) October 28, 2016
Try telling a farmer in Myanmar that an investor has rights to protect its land while the farmer has none, @KDanielAguirre on #BindingTreaty pic.twitter.com/CNZLe4ks2f
— Irene Pietropaoli (@IPietropaoli) October 28, 2016
Important lessons to learn from experiences with litigation under the US Alien Torts Claims Acts for #bindingtreaty: https://t.co/vwE5tY1HDG
— Mariëtte v Huijstee (@Mariette_v_H) October 28, 2016
Indeed, and 1 way of protecting #HRDs is resolving legislative gaps re corporate activities. #BindingTreaty #stopcorporateabuse @ICJ_org https://t.co/YAr4zD6FOR
— Lydia de Leeuw (@LydiaDeLeeuw) October 27, 2016
Day 5 of negotiations #BindingTreaty #bizhumanrights @un #Geneva. Catch up on day 1-4! #stopcorporateabuse : https://t.co/6sGClCMMlT
— SOMO (@SOMO) October 28, 2016
October 27, 2016
Read a summary of day 4 here.
Robert McCorquodale in Geneva at IGWG: “CSR is not human rights”. We need a #BindingTreaty to #StopCorporateAbuse!
— Treaty Alliance (@TreatyAlliance) October 27, 2016
Read joint oral statement on scope #BindingTreaty by @fidh_en @SOMO @CIDSE @alhaq_org @icj @IBFAN_GIFA BFTW https://t.co/iawKr4u7y6
— Marion Cadier (@MarionCadier) October 27, 2016
.@FIDH reads Statement on scope #bindingtreaty #bizhumanrights – Should cover activities of ALL businesses with specific measures on TNCs
— SOMO (@SOMO) October 27, 2016
@annevanschaik: “There is an inconsistency & injustice that offends us all and must be at heart of future treaty” #BindingTreaty @foeeurope pic.twitter.com/p98US5aHt4
— Lydia de Leeuw (@LydiaDeLeeuw) October 27, 2016
IGWG day 4: discussions on one of most contentious issue: scope of the #BindingTreaty #stopcorporateabuse pic.twitter.com/nwh0huwFJX
— Marion Cadier (@MarionCadier) October 27, 2016
October 26, 2016
Read a summary of day 3 here.
Lawyer @RichardMeeran: affected people dying while he fights legal battle over forum non conveniens; barrier to address in #BindingTreaty
— Lydia de Leeuw (@LydiaDeLeeuw) October 26, 2016
.Congiu makes an important point @UNHumanRights in Geneva: enforcement of the future #BindingTreaty is crucial for effective design
— Mariëtte v Huijstee (@Mariette_v_H) October 26, 2016
Netherlands opens comments on #bizhumanrights #bindingtreaty w update on #publicprocurement – says suppliers must comply w OECD GL (1:19) pic.twitter.com/mBlitpDFTN
— Claire MethvenOBrien (@claire_ob1) October 26, 2016
Godwin Ojo intervening NOW for #BindingTreaty to #StopCorporateImpunity pic.twitter.com/BivotOyGqv
— Friends of the Earth (@FoEint) October 26, 2016
Palestine at UN #Geneva: dismissal of Dutch #IHL case against Lima Holding illustrates need for #BindingTreaty to ensure remedy. @ZegveldL pic.twitter.com/vV840XdQ0c
— Lydia de Leeuw (@LydiaDeLeeuw) October 26, 2016
Our Rizwana Hassan from FoE Bangladesh on ship wrecking: voluntary guidelines simply don’t work. Time for #BindingTreaty pic.twitter.com/LLlmxjRQY0
— natacha cingotti (@c_natacha) October 26, 2016
Susan George on developing a #BindingTreaty on transnational corporations and human rights @TNInstitute pic.twitter.com/X1CmUtCoce
— Friends of the Earth (@FoEint) October 26, 2016
“Don’t expect an industry that profits from human misery to be your friend.” @FCTCofficial about need for #BindingTreaty. @TreatyAlliance pic.twitter.com/OViQRpWaML
— Lydia de Leeuw (@LydiaDeLeeuw) October 26, 2016
What happened yesterday at the #IGWG session? Check out the summary here #StopCorporateAbuse: https://t.co/FYMDgbtGoD
— CIDSE (@CIDSE) October 26, 2016
To @kromjong from @IOEvoice: the glass is EMPTY for victims of HR abuse by business that still wait for remedy and justice #bindingtreaty
— Mariëtte v Huijstee (@Mariette_v_H) October 26, 2016
No centre of power in society should be immune to
obligations flowing from HRs law” @suryadeva #stopcorporateabuse #BindingTreaty— Treaty Alliance (@TreatyAlliance) October 26, 2016
“Must avoid “hurting business through too much regulation” says CSR Finance Inst: …& the people?? #stopcorporateabuse #BindingTreaty
— Treaty Alliance (@TreatyAlliance) October 26, 2016
IGWG Day 3 #BindingTreaty : panel on ex of existing intl instruments on obligation & responsibilities of private sector #stopcorporateabuse pic.twitter.com/AlAmDYDegV
— Marion Cadier (@MarionCadier) October 26, 2016
October 25, 2016
Read a summary of day 2 here.
Spotlight on soft law regulation of corp. obligations at 2nd day of #UN Intergovt. Working Group, says NGO: https://t.co/7aKZw83zZs
— BusinessHumanRights (@BHRRC) October 26, 2016
Abu Sakr from the Jordan Valley Popular Committees explains how agriculture has become a desert land because of lack of water #BindingTreaty
— Dismantle Corp Power (@StopTNCimpunity) October 25, 2016
Inspiring panel from all over the world exposing consequences of corporate control of #water
We need a #BindingTreaty on #BizHumanRights pic.twitter.com/3xaYOVfgZw— Sol Trumbo Vila (@Soltrumbo) October 25, 2016
Kinda Mohamedieh @South_Centre: #BindingTreaty should clarify ETOs of and access to remedy in home State of companies. @TreatyAlliance pic.twitter.com/1h2c36SH7r
— Lydia de Leeuw (@LydiaDeLeeuw) October 25, 2016
“States have the obligation to provide a public complaint mechanism in the
review process on trade & investment agreements” says @IGJ2012 pic.twitter.com/xYqJMIVgw8— Treaty Alliance (@TreatyAlliance) October 25, 2016
UN Working Group on issue of HR and transnational corporations supports process of #bindingtreaty to #stopcorporateabuse says @ProfSuryaDeva
— annevanschaik (@annevanschaik) October 25, 2016
Full house in side event organised by @StopTNCimpunity to share the 6 joint proposals for a #BindingTreaty at @UNGeneva #bizhumanrights pic.twitter.com/GI2GwRdTn5
— Sol Trumbo Vila (@Soltrumbo) October 25, 2016
We are in @UNGeneva supporting a #BindingTreaty on Transnationals and #HumanRights. We bring 6 specific proposals. https://t.co/pdLbniPpTk
— Dismantle Corp Power (@StopTNCimpunity) October 25, 2016
Geneva: Outrageous that @AMeyerstein from @USCIB said #ISDS designed to “protect human rights”. False: it shields impunity. #BindingTreaty pic.twitter.com/6CRgwLuxDg
— Tom Kucharz (@tomkucharz) October 25, 2016
Check out our blog series on #BindingTreaty for expert opinions & the main debates on the issue https://t.co/Ifd3kN39Av #stopcorporateabuse
— LegalAccountability (@cla_bhrrc) October 25, 2016
“Powerful companies have an enormous influence on States decisions, which negatively affects people’s #righttohealth ” says @StopCorpAbuse pic.twitter.com/FG2uWYTMtR
— Treaty Alliance (@TreatyAlliance) October 25, 2016
#Tanzania: NGO leader says proper legal framework needed to ensure locals benefit from uranium mining: https://t.co/HwFg11ZeEe
— BusinessHumanRights (@BHRRC) October 25, 2016
#Canada says host countries have the primary responsibility for addressing violations by companies. Not good enough.#CEDAW #bizhumanrights
— Sanyu Awori (@Sanyu_Awori) October 25, 2016
“What would you do if you were in the shoes of the victims?”, Bolivia asks @AMeyerstein @USCIB who defend #ISDS #injustice. #BindingTreaty
— Lydia de Leeuw (@LydiaDeLeeuw) October 25, 2016
@USCIB @AMeyerstein claim #ISDS is a mechanism for human rights protection despite contrary evidence: https://t.co/dQJAxHED1b #BindingTreaty
— Lydia de Leeuw (@LydiaDeLeeuw) October 25, 2016
China delegate: all states have primary obligation to protect HRs including in relation to TNCs; govt regulates Chinese cos operating abroad pic.twitter.com/ZCFWstKN7c
— Surya Deva (@ProfSuryaDeva) October 25, 2016
Good to see @NLInGeneva participating on #bindingtreaty to #stopcorporateabuse and share workon #HR. Yet NL should not focus on #UNGP alone.
— annevanschaik (@annevanschaik) October 25, 2016
#CorporateImpunity is the result of asymmetry between rights & obligations of companies: Juan Hernandez-Zubizarraeta at OEIWG #BindingTreaty pic.twitter.com/wvCSvZvqP0
— Surya Deva (@ProfSuryaDeva) October 25, 2016
Read written contributions, including @fidh_en‘s, to the IGWG’s 2nd session: https://t.co/HdfP5tX6QB #BindingTreaty #StopCorporateAbuse
— FIDH at the UN (@fidh_un) October 25, 2016
Investment arbitration protects #HRs too; many claims won by states, argues @AMeyerstein Evidence-based discussion needed for #BindingTreaty pic.twitter.com/C6apeDxzfG
— Surya Deva (@ProfSuryaDeva) October 25, 2016
2nd Session of UN #IGWG negotiations for #BindingTreaty on #TNCs and human rights, 2nd day starting soon: Watch https://t.co/lEl2EVAKSH pic.twitter.com/WAEVmLhtYu
— Geneva Global Health (@G2H2_Geneva) October 25, 2016
October 24, 2016
Read a summary of day 1 here.
#BindingTreaty talks Day1 Summary: #EU in the room. Is it enough 2 #stopcorporateabuse? https://t.co/JMj45Rnffk @UNGeneva pic.twitter.com/80pK6AqErG
— ECCJ (@corpjust) October 25, 2016
Great day today. #StopCETA becomes reality and a #BindingTreaty is closer at the @UNGeneva
Let’s enjoy common victories. pic.twitter.com/TN0VjfMNe8— Sol Trumbo Vila (@Soltrumbo) October 24, 2016
ESCR-Net & @fidh_en launch 10 key Legal proposals for UN Treaty to #stopcorporateabuse https://t.co/fA3iEO5Cf3 #BindingTreaty @UNHumanRights pic.twitter.com/mXbEbY5IBn
— ESCR-Net / Red-DESC (@ESCRNet) October 24, 2016
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 :
- Contain a hierarchical clause that establishes the primacy of this Treaty above any trade and investment treaty between two Parties, in the event of a conflict.
- Reaffirm the primacy of human rights, as guaranteed by States’ pre-existing obligations to respect, protect and fulfil human rights at every stage of negotiation, interpretation and dispute resolution.
- Address the critical gaps of the monitoring and assessment of the concrete impacts of trade and investment agreements.
- Effectively empower States and affected populations to prevent and remedy the adverse human rights impacts of these agreements.
– Debbie Stothard of FIDH, also on behalf of SOMO
EU is still adopting a conservative position on #BindingTreaty, but states in IGWG welcomed its willingness to participate in discussions.
— Irene Pietropaoli (@IPietropaoli) October 25, 2016
The treaty should address the following challenges, namely:
- Trade and investment agreements oblige States to adopt measures that may infringe upon human rights, hamper their capacity to protect human rights or, prevent them from controlling private stakeholders
- Investment agreements are used by investors
- Trade and investment agreements become an obstacle to the recognition of pre-existing human rights obligations, therefore subordinating human rights to investor protections.
– Debbie Stothard of FIDH, also on behalf of SOMO
A #BindingTreaty shld have hierarchical clause to establish primacy above any trade and investment treaty, says @fidh_en, @SOMO, @foeeurope
— annevanschaik (@annevanschaik) October 24, 2016
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
IGWG – FIDH, IBFAN-GIFA, CIDSE, SOMO and FoEE will make an oral statement on what #BindingTreaty can do re. trade and investment agreeemnt
— FIDH at the EU (@fidh_eu) October 24, 2016
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
#BindingTreaty: majority of jobs created by #TNCs are far from decent work says @uniglobalunion
— ECCJ (@corpjust) October 24, 2016
.@UNCTADs R. Kozul-Wright at panel @UNHumanRights:”contemporary free trade agreements dont deal with trade, nor with freedom” #bindingtreaty
— Mariëtte v Huijstee (@Mariette_v_H) October 24, 2016
Panelist Jean-Luc Mélenchon(EP) stresses the huge imbalance between annual turnover of TNCs vs BNP of States > need for #bindingtreaty
— Mariëtte v Huijstee (@Mariette_v_H) October 24, 2016
Voice of affected communities is the voice that needs to shape work towards #BindingTreaty on TNCs & human rights-Brid Brennan @TNInstitute
— Dismantle Corp Power (@StopTNCimpunity) October 24, 2016
1/2 Taking stock of morning session on #bindingtreaty to #StopCorporateAbuse: in favour: SA, Ecuador, Etiopia, Egypt, Palestine, Cuba.
— annevanschaik (@annevanschaik) October 24, 2016
2/3 also in favor #bindingtreaty: Nica, Bolivia, Namibia, Indonesia, Peru, Chile, Pakistan, Colombia, malaysia, Argentina.
— annevanschaik (@annevanschaik) October 24, 2016
2/3 More cautious of #bindingtreaty to #stopcorporateabuse: China, Switzerland. Not so much in favour: Russia, @EU_InGeneva, Japan.
— annevanschaik (@annevanschaik) October 24, 2016
Program of Work adopted! bit of an emo-moment, it took us a whole day at the previous session of #bindingtreaty to #stopcorporateabuse
— annevanschaik (@annevanschaik) October 24, 2016
Protests outside UN Geneva of concerned citizens & NGOs regarding ongoing negotiations to come to #BindingTreaty on business + #humanrights pic.twitter.com/11iV9irQ7y
— Barbara Ruis (@safaribarbara) October 24, 2016
NGOs building strong alliances pushing 4 #UN #BindingTreaty on business and human rights.@TreatyAlliance @StopTNCimpunity Today talks start! pic.twitter.com/622FVdhgs2
— Lydia de Leeuw (@LydiaDeLeeuw) October 24, 2016
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!
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 – 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) – By SOMO, CIDSE, FIDH, ICJ and more organisations.
Summaries
Useful links
UN Human Rights – Live stream, agenda and more.
Press release by FIDH – International Federation for Human Rights.
Treaty Alliance – Global movement for a binding treaty on business and human rights.
Treaty Alliance: Resources – Official docs, statements, studies, opinions, background information.
Business and Human Rights Resource Centre – Live Twitter feed, related statements and articles, a blog and more.
European Coalition for Corporate Justice – Live Twitter feed, articles and more.
International Network for Economic, Social and Cultural Rights – Video of side event, views of the day and more.
Red International de Derechos Humanos – Facebook page: video’s, side events, views of the day and more.
Stop Corporate Impunity – Campaign to stop corporate impunity, mobilisation and more.