So. Africa: LRC submission to the intergovt. group on proposed treaty calls for inclusion of right to development, community rights, free prior & informed consent

The Legal Resources Centre (LRC), an independent non-profit public interest law clinic based in South Africa. In its submission to the UN intergovernmental group mandated to elaborate an internationally binding instrument on transnational corporations and other business enterprises with respect to human rights, LRC calls for the inclusion in the treaty of the right to development as a foundational principle and right; for community/people's rights to be recognised; and for free, prior and informed consent as a requirement for development projects to be included.

LRC's submission and related documents are provided below.

 

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Article
3 July 2015

So. Africa: LRC addendum to submission to intergovt. on proposed treaty

Author: Legal Resources Centre

'LRC addendum to IGWG submission', 3 Jul 2015:…[T]he LRC is responding to the UN Intergovernmental Working Group’s call for submissions…[C]entral…[to this] submission…is the recognition that TNCs….can no longer shirk their obligations to contribute to the realization of the socio-economic rights and the Right to Development of those affected by their operations…This…[is consistent with] the finding of the African Commission on Human and Peoples’ Rights…It is thus the duty of the drafters of this treaty to ensure that the gaps in an existing legal framework are filled…the most critical…is the need for an enforceable Right to Development…for communities to determine their own development paths, rather than…[t]he so-called ‘trickle-down’ development that expects communities to give up their most valuable assets (without receiving anywhere near its value in return given the continued discrimination against customary forms of tenure)…The treaty is a unique and critical opportunity to change the tide…

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Article
3 July 2015

So. Africa: LRC submission to intergovt. group on proposed treaty

Author: Legal Resources Centre

'Submissions on the scope and content of the proposed Treaty on Trans-National Corporations', 3 Jul 2015: The LRC would like to make three proposals for the treaty…[Firstly] [t]hat the Right to Development, as contained in the African Charter on Human and Peoples’ Rights and as given content by the United Nations and the African Commission on Human and Peoples’ Rights be included as a founding principle and right in the treaty…[Secondly] [a]s a means to recognize the disproportionate impact…on the rural communities of South-South countries, and to ensure the feasibility of implementing the Right to Development, that the recognition of community or peoples’ rights alongside individual rights (as per the African Charter) be included; and…[Thirdly] [a]s a baseline principle in ensuring the realization of…the Right to Development, that the requirement of the Free, Prior and Informed Consent of affected communities as a requirement for development projects be included…

Download the full document here