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30 Sep 2016

Claire Methven O’Brien, The Danish Institute for Human Rights

For a business and human rights treaty based on progressive national implementation of the UNGPs and modelled after the WHO Framework Convention on Tobacco Control

...[T]his submission argues for a business and human rights framework convention, modelled after the WHO Framework Convention on Tobacco Control and focused on promoting progressive implementation of theUNGPs, including via National Action Plans on business and human rights (NAPs). The submission first outlines the positive factors favouring such an approach. Secondly, it provides a brief sketch of what such a business and human rights framework convention might look like. Finally, it highlights some of the drawbacks of alternative treaty models...Taking inspiration from the WHO Framework Convention on Tobacco Control, a business and human rights framework treaty built around the UNGPs and NAPs could comprise the following amongst its main elements:...i) Clause on relationship between the Convention and other agreements and legal instruments...ii) Statement of overall objective...iii) Statement of Guiding Principles...iv) Statement of states parties’ general obligations...v) Development of the Convention...A further advantage of a framework convention based on progressive implementation of the UNGPs is that it avoids a number of pitfalls affecting other treaty proposals...