Oral Statement [on conflict-affected areas] at 4th session of Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights

Author: Al-Haq, ALTSEAN-Burma, AWID, CIHRS, ESCR-Net, FIDH, WILPF, ACCA & SOMO, Published on: 18 October 2018

Despite the inclusion of conflict areas under Article 15 of the Draft Treaty, it is imperative that such language needs to be expanded and strengthened...

We strongly recommend that the Treaty amends:

  1. Article 7 on Applicable Law to include a specific provision surrounding conflict areas, emphasizing the applicability of international human rights and humanitarian law.
  2. Article 9 on Prevention does not include any measure regarding due diligence in the context of business activities in conflict areas, which is a major gap...
  3. Article 15(4) on Final Provisions should be reinforced and echo the language of the UNGPs which recall a set of existing obligations for states under international law, including international humanitarian law and criminal law, applicable to situations of conflict...

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