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Comments by Organizations of the NGO Mining Working Group at the UN to The Intergovt. Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights regarding The Elements for the Draft Legally Binding Treaty

Author: NGO Mining Working Group at the UN, Published on: 28 February 2019

The NGO Mining Working Group welcomes the opportunity to submit this input on the elements of the Draft Legally Binding Treaty and reiterates comments and acts in solidarity with NGO’s that have contributed to the formulation of the Zero Draft...

The NGO Mining Working Group would like to give input regarding accountability and responsibility for promotion and protection of human rights, address Article 8 "Rights of Victims” and Article 9 “Prevention” within the Draft Treaty; as well as mechanisms for promotion, implementation, and monitoring...

1. Accountability and responsibility for promotion and protection of human rights

When violations against people and the earth occur as a result of corporate activities, who is accountable; is it the State? Or corporations? Evidence suggests that international corporations hold significant monetary and political power, and yet often commit violations with impunity...

2. Article 8 “Rights of Victims”

The Draft Treaty’s focus on the rights of victims and access to justice and remedy is key. Many of these forums are lacking in current State legislation, especially for victims of business-related human rights abuses...

3. Article 9 “Prevention”

The Draft Treaty includes important ways for States Parties to strengthen preventative mechanisms of human rights abuses from “business activities of transnational character...taking into consideration the potential impact on human rights resulting from the size, nature, context of and risk associated with the business activities” (Article 9.1) into their domestic legislation...

 

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