"Comments and amendments on the revised draft legally binding instrument on transnational corporations and other business enterprises with regard to human rights, Global Campaign to reclaim peoples sovereignty", January 2020.
The revised drfat of a legally binding instrument on Transnational Corporations (TNCs) and human rights, which is presented to the 5th session of the Intergovernmental Working Group...on this issue is an important sign of continuity in the negotiation process...However, following its analysis, we are deeply concerned about some elements of the revised draft...multiple comments and proposals made emphatically in the fourth and previous sessions to strengthen the text were not incorporated. In particular, most of the proposals which were made during the fourth session by the Global Campaign to reclaim peoples' sovereignty, dismantle corporate power and end impunity (Global Campaign) - which are based on the proposals of affected communities and social movements - were not taken into account...It should be noted that social movements and communities which have been affected by Transnational Corporations' (TNCs) activities have dedicated considerable effrots and resources to participate in the negotiations over past five years...
The primacy of international human rights law over any other international legal instruments, and in particular over trade and investment agreements, is the established principle which has been an integral part of the goal of the Working Group. However, that was removed from the revised draft...
In this opinion piece, Olivier de Schutter, the UN Special Rapporteur on extreme poverty and human rights, explains the need to keep human rights due diligence and legal liability separate, in order to ensure human rights due diligence doesn't become a formalistic exercise to absolve companies of liability for their human rights impacts.
In this opinion piece, Elizabeth Mangenje and Timothy Fish Hodgson argue that the proposed binding treaty on business and human rights has an important role to play in holding private actors in the health setor accountable for human rights abuses. With examples from the health industry in Africa during the COVID-19 pandemic, the authors explain how the private health industry can contribute to abuses of the right to health.
In this commentary, Professor Justine Nolan reviews the second revised draft of the Binding Treaty on Business and Human Rights, analysing in particular the change in scope from "contractual relationships" to "business relationships" and implications for the responsibility and liability of companies in global supply chains.
In this commentary, Dorothy Grace Guerrero analyses remaining gaps in the Second Revised Draft of the proposed binding treaty on business & human rights, and argues against the broadening of its scope to all kinds of businesses, including SOEs.