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[PDF] Comment on the Second Report of the UN Working Group on the issue of human rights and transnational corporations and other business enterprises (A/68/279) submitted to the UN General Assembly in August 2013

Author: Center for the Study of Law, Justice and Society (Dejusticia), Published on: 26 November 2013

…This document analyzes the report presented by the Working Group to the UN General Assembly in August 2013…[about]…indigenous peoples, human rights, and business… Analysis of the Report [:] A. Right to Consultation and Free, Prior, and Informed Consent…we are concerned with the report’s superficial conceptualization of these rights and the lack of serious engagement with the standards associated with these rights and their substance… B. Participation and Plurality of Voices 19. Throughout the report, the WG obscures the voices of indigenous peoples… C. Access to Effective Remedy 23. The WG report also only lightly touched upon the question of access to effective remedy for violations of indigenous peoples’ rights. With respect to extraterritorial obligations, the report did not advance the responsibility that home states have to provide judicial remedy for human rights violations committed by their companies...D. Weak Recommendations 25. The report’s recommendations also demonstrate the narrow focus of the WG. The recommendations are directed at three types of actors: states, companies, and indigenous peoples…they vary in both number and level of detail…duties of companies that are mentioned are minimal in comparison to those of states…

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