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19 Oct 2017

FIDH (International Federation for Human Rights)

Position Paper on Elements for a Draft Legally Binding Instrument on Transnational Corporations (TNCs) and Other Business Entreprises (OBEs) with Respect to Human Rights

...Ecuador has released the Elements for the draft legally binding instrument on transnational corporations (TNCs) and other business enterprises (OBEs) with respect to human rights. This document will constitute the basis for substantive negotiations to elaborate an international binding instrument to regulate the activities of corporations during the third session of the open-ended intergovernmental working group (OEIGWG) to be held from 23 to 27 October 2017...

FIDH welcomes the content of the draft...

FIDH hopes that the upcoming IGWG session in Geneva will serve to further discuss and clarify some points of the existing draft in order for it to be in line with the national, regional and international jurisprudence that has developed to recognize the legal obligations of States, enterprises, and the rights of victims, as well as respond to existing legal gaps that have prevented them from seeking redress.

As such, corresponding areas of clarification include the following aspects:

1. General Principles

2. Scope

3. State obligations

4. Preventive measures

5. Fighting impunity

6. Access to information and participation in decision making

7. Implementation and monitoring



Part of the following timelines

Proposed business & human rights treaty should include States’ obligation to facilitate victims’ access to justice

Third UN Intergovt. Working Group session on proposed business & human rights treaty (23-27 Oct 2017)