FIDH Submission to the Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with respect to Human Rights

Author: FIDH, Published on: 30 September 2016

...[I]n 2015 ESCR-Net & FIDH launched the Treaty Initiative project , through which concrete legal proposals were developed...These proposals, which reflect civil society's needs and priorities, aim at feeding the IGWG's discussions on several “building blocks” of the future international instrument;... FIDH calls on all States to actively engage and participate in good faith in the IGWG...FIDH urges for the elaboration of a treaty consistent with the principle of indivisibility of human rights...FIDH firmly believes that a legally binding instrument must address the human rights violations arising from the activities of all business enterprises...The Treaty must require States to adopt policy and regulatory measures to effectively prevent corporate abuses (to human rights and the environment)...The Treaty should, as a priority, fill the existing gaps in access to remedy for victims of corporate related abuses...The Treaty should reaffirm that States have the obligation to respect, protect and fulfil the rights of all individuals, including human rights defenders in accordance, at a minimum, with the UN Declaration on Human Rights Defenders...The Treaty should include access to a complementary international mechanism to oversee compliance with the binding instrument when State remedies are unavailable or inadequate, with the authority to issue binding and enforceable decisions...The Treaty should build on hard and soft law standards adopted so far and should not in any case represent a regression from already existing international human rights standards and instruments.

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