By Jessica Lawrence and Thato Gaffane, Lawyers for Human Rights

From 16 to 20 December 2024, stakeholders gathered in Geneva for the 10th session of the Intergovernmental Working Group (IGWG) on transnational corporations and other business enterprises with respect to human rights. With the introduction of a new Chairperson of the process, this milestone session brought a renewed sense of commitment and marked a critical juncture in the journey toward a legally binding instrument aimed at addressing corporate accountability and advancing human rights in the business sector.

Despite the postponement of the session from October to December 2024, the session brought together state representatives, civil society organisations (CSOs), trade unionists, and business leaders to deliberate on the revised draft treaty, specifically articles 4 – 9 and 11 (rights of victims, protection of victims, prevention, access to remedy, legal liability, jurisdiction, and applicable law). This diversity, particularly during a key holiday period for Global South countries, reflects a recognition of the treaty’s importance in regulating corporate conduct globally.

Discussions during the 10th session centred on the latest draft, which incorporated inputs from prior negotiations and valuable guidance from newly appointed legal experts. Key areas of focus included the rights and protection of victims, emphasising the need for an inclusive definition of 'victim' to avoid overly restrictive interpretations. Participants also deliberated on the scope of what constitutes a human rights abuse. Additionally, proposals to strengthen the obligations of both home and host states in ensuring corporate accountability attracted significant attention.

Access to remedy for victims of corporate human rights abuses was a recurring theme. CSOs representatives underscored the need for provisions ensuring the availability of judicial and non-judicial mechanisms, particularly for marginalised and vulnerable groups such as Indigenous communities affected by extractive industries, human rights defenders, and workers, including trade unionists.

Divergences among states remained, particularly regarding the scope of the treaty —whether it should apply exclusively to transnational corporations or extend to all business enterprises—and the enforceability of its provisions. These debates underscore the ongoing challenges in bridging the gaps between developed and developing countries’ priorities.

The 10th session highlighted both progress and persistent challenges. Moving forward, the following steps will be crucial to advancing the treaty process:

• The success of the treaty depends on robust political commitment from states. Civil society advocacy efforts must continue to pressure governments to prioritise human rights over economic interests and to actively engage in the treaty negotiations.
• Global challenges like climate change, migration, conflict, and environmental degradation necessitate transboundary solutions. The treaty’s provisions on international cooperation and mutual legal assistance should be further refined to ensure their practical application.
• CSOs play a pivotal role in amplifying the voices of affected communities, holding corporations accountable, and pressuring their states to support a progressive treaty. Their active participation in shaping the treaty’s provisions is essential for ensuring its relevance and impact.
• To foster consensus, states must adopt a pragmatic approach, balancing concerns over sovereignty with the imperative of protecting human rights.
• The treaty should complement and reinforce existing instruments like the UN Guiding Principles on Business and Human Rights and the EU’s Corporate Sustainability Due Diligence Directive. Clear alignment will help mitigate resistance from states and businesses wary of overlapping obligations.

The 10th session of the IGWG highlighted the growing momentum toward establishing a binding treaty on business and human rights. Key developments, such as the allocation of additional resources, the appointment of legal experts to support the working group and address questions from states and CSOs, and the adoption of the 2025 roadmap, including plans for intersessional thematic consultations, have renewed delegates' sense of hope. While significant hurdles remain, the commitment of stakeholders to the negotiation process offers optimism for a future where corporations are held accountable for their impacts on human rights and the environment. With sustained advocacy, collaboration, and innovation, the vision of a treaty transforming global business practices into a force for good is increasingly within reach.