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23 Oct 2016

Treaty Initiative

Ten Key Proposals for the Treaty: A Legal Resource for Advocates and Diplomats Engaging with the UN Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises

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...1.  Preamble...The Treaty should include a Preamble, developed at the end of the Treaty drafting process, that contains reference to any primary concerns of civil society...2.  Primacy of Human Rights...States must reaffirm the primacy of human rights...[T]he provisions of the Treaty must supersede pre-existing obligations between States...3.  Scope of the Treaty...The scope of the Treaty should be determined with reference to the needs of rights-holders...4.  Corporate Legal Responsibility to Respect Human Rights...The Treaty must recognise that corporations have legal responsibilities to respect human rights...5.  Access to Information and Participation...States must ensure that civil society has access to relevant, sufficient, quality information in connection with each stage of corporate activity...6.  Human Rights Due Diligence...States must establish domestic legislation that legally requires corporations to identify, prevent, mitigate and account for adverse human rights impacts in line with, as a minimum, existing international standards for human rights due diligence...7.  Extraterritorial Obligations...8.  Corporate Criminal Liability...States must ensure that corporate liability for human rights abuses a) includes (among other forms) criminal corporate liability, b) that such criminal liability can extend to corporations...9.  Effective Remedies...States must ensure that people affected by human rights violations connected with corporate activity have access to adequate, effective, prompt, and appropriate remedies...10.  Remedial Mechanisms...

Part of the following timelines

Second UN Intergovt. working group meeting on proposed business & human rights treaty (24-28 Oct 2016)

ESCR-Net & FIDH launch key proposals document on proposed binding treaty on business & human rights