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20 Oct 2017

Amnesty International

Elements for the draft legally binding instrument on transnational corporations and other business enterprises with respect to human rights - Amnesty International’s Preliminary Observations and Recommendations

Amnesty International welcomes the publication of the elements which provide a strong starting point for negotiations during the third session of the OEIGWG from 23 to 27 October 2017. The OEIGWG’s meeting next week will provide a unique opportunity for states to engage in a constructive dialogue on ways of addressing and breaching existing gaps in accountability and remedy for corporate human rights abuses. Amnesty International calls on all states to participate and engage constructively in these discussions with a view to establishing a strong international regulatory framework for the effective protection of human rights in the context of corporate activity...

...[T]he treaty should also reaffirm the existing duty of states to protect human rights against abuse by all companies, and these companies’ responsibilities in relation to human rights. It should demand consistency in relation to the regulatory, accountability and remedial measures it prescribes in connection with both TNC and OBE and purely domestic companies to the extent that the latter are insufficiently regulated under national law. This would ensure equal levels of protection between individuals and communities affected by the activities of TNC and OBEs and those affected by the activities of purely domestic corporations...

Amnesty International welcomes the inclusion of elements concerning state measures to ensure that TNCs and OBEs under their jurisdiction adopt adequate mechanisms to prevent human rights abuses throughout their supply chains...