Fourth open consultation on proposed binding treaty on business & human rights: Guiding questions for thematic discussions
Author: Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, Published on: 10 July 2018
"Open consultations on the International Legally Binding Instrument On TNCs, OBEs and human rights. Suggested discussion questions for consideration"
Fourth open informal consultation: Wednesday, 11 July 2018, 10:00-12:00, Palais des Nations, (Room XII)
Suggested discussion questions for consideration
Rights of Victims:
a. Does your delegation support a victims-oriented approach to the adoption of a legally binding instrument under the Mandate of Res.26/9? If so, what does your delegation understand a victims-oriented approach to encompass? Will strengthen the implementation of other substantive
provisions, for example preventive measures and international cooperation, in such instrument?
b. Would your delegation support the inclusion of a section on the right of victims of violations of human rights by business enterprises under a future legally binding Instrument? If so, what does your delegation suggest as main elements under this section?How would such section interact with
other international human rights instruments and domestic law?
c. Should a binding instrument incorporate procedural rights and substantive rights of victims, or only focus on procedural rights?
a. Is your country a Party to any multilateral, regional or bilateral agreement on international cooperation for mutual legal assistance or for recognition and enforcement of judgements or other similar conventions? If so, please provide examples on their implementation and effectiveness?
b. Does your delegation considers that a future binding instrument resulting from mandate of Resolution 26/9 should encompass a section on international cooperation? If so, please provide suggestions on what should be covered under this section. For example, should a binding instrument encompass international cooperation on preventive measures and mutual legal assistance in judicial
proceedings in cases of violations of human rights by business enterprises?