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27 Okt 2016


Oral statement by FIDH & ICJ on The relation between the UNGPs and the elaboration of an international legally binding instrument on TCNs and other business enterprises

...Today the implementation of the UNGPs is far from satisfactory, but implementation is not the only issue, there are fundamental gaps in the text itself, in particular in relation to access to remedy. The National Action Plans adopted so far lack teeth, come short in terms of both process and content, while failing to effectively address the challenges faced by victims of corporate-related abuses. Moreover, NAPs are also flawed in relation to the consensus they are supposed to reflect, as in many cases they were not designed with appropriate consultation of affected communties and CSOs. However, the proposed instrument is an opportunity to fill in the UNGPs’ demonstrated accountability and protection gaps...There are also a number of global and regional instruments and jurisprudence that have partially addressed some aspects of business and human rights...In order to achieve effective protection and remedy for corporate related human rights abuses, the treaty should build on hard and soft law standards adopted so far and fill in their demonstrated accountability and protection gaps.