abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb

このページは 日本語 では利用できません。English で表示されています

コンテンツは以下の言語で利用可能です: English, français

オピニオン

2 4月 2025

著者:
Anaïs Schill, Legal Adviser – Business & Human Rights, French National Consultative Commission on Human Rights (CNCDH)

Translating new impetus into concrete progress: Intersessional consultations on the legally binding instrument on business and human rights

Catherine Cordasco, provided by CNCDH

by Anaïs Schill, Legal Adviser – Business & Human Rights, French National Consultative Commission on Human Rights (CNCDH)

The negotiation process – initiated 10 years ago – to elaborate an international legally binding instrument on business and human rights (LBI) reached an important milestone with the adoption of Human Rights Council’s (HRC) Decision 56/116 in 2024. This resolution enhancing the support capabilities of the intergovernmental working group (OEIGWG), adopted by consensus, illustrates both the relevance and necessity of adopting an LBI, which is no longer seriously contested, and the willingness to give new impetus to the work of the OEIGWG. To implement this decision, the Chair-Rapporteur presented a road map for 2025, which includes intersessional thematic consultations to help overcome remaining major divergences, with the assistance of selected legal experts.

What are the key considerations ahead of the first consultations? The current state of play presents several crucial points of opportunity, ambition and relevance.

Opportunity 

These consultations offer an opportunity to find compromises to move the treaty process forward and build broader cross-regional support. As independent state institutions with a broad mandate to promote and protect human rights, including in the context of business activities, National Human Rights Institutions (NRHI) are committed to providing their support to this end. Whether individually (see for example the CNCDH) or through global, regional and francophone networks, NHRIs regularly point out the need for an LBI to address the widely recognised protection gaps in global value chains and the governance disparities at global level that foster unfair competition.

Ambition

Recognition of the need to adopt an LBI means discussions should aim to pursue two interrelated objectives.

First, the needs and interests of rightsholders who are (actually or potentially) adversely affected by business activities must be prioritised. This would ensure human rights are the actual compass guiding the process. The LBI can also enhance legal certainty and create a level playing field worldwide, in favour of businesses striving to be more virtuous and of widespread change in business practices.

Second, the focus should be on closing gaps, to strengthen the prevention of human rights violations and foster access to remedy in the context of business activities. While ensuring the provisions of the LBI do not fall short of existing international human rights law and business and human rights frameworks, they should reflect the lessons learnt from the implementation of the United Nations Guiding Principles on Business and Human Rights (UNGPs), as well as recent developments in the field of business and human rights, including the adoption of mandatory human rights and environmental due diligence legislations.

With this in mind, the first cluster of Articles to be discussed during the next consultations represent a twofold interest.

Relevance

Articles 4, 5 and 7 of the draft LBI intend to strengthen the protection and participation of affected rightsholders and to help provide them the necessary means to enforce their rights. Together with other provisions, these Articles are therefore relevant both to the prevention of human rights violations and access to effective remedy. They are essential in consideration of the reality of persistent human rights violations in value chains of companies still too focused on their own risks, and the importance of implementation of Pillar 3 of the UNGPs, identified as “major and urgent” for the road ahead.

NHRIs have made a number of recommendations relating to these provisions, including the following:

  • To use the broader term “rightsholders”, rather than “victims”, when referring to all persons or groups of persons likely to be affected, actually or potentially, by business activities, taking into account the different impacts on certain groups of persons and integrating a gender perspective;
  • To (further) strengthen information rights, since access to information is fundamental to prevention and access to remedy;
  • To keep provisions aimed at addressing power imbalances between parties (potential shift of the burden of proof, possibility to submit representative or class actions, legal aid…);
  • To preserve provisions protecting against reprisals, especially given the scale of attacks faced notably by human rights – including environmental – defenders who warn of irresponsible business practices;
  • To require a broad remedy ecosystem of judicial and non-judicial mechanisms to avoid impunity and denial of justice;
  • To ensure that references to national laws do not impede the LBI’s effectiveness and ability to harmonise obligations.

Significant challenges remain for the adoption of the LBI, including the lack of an EU negotiating mandate. The April 2025 consultations provide an opportunity for states and other stakeholders to translate momentum into concrete progress towards the adoption of an ambitious LBI that places human rights at the heart of a truly fairer and more sustainable global economy.

Binding treaty 2025: Essential discussions and perspectives

オピニオン

Rights and protection of victims in a binding treaty on business and human rights: Proposals from a workers’ and trade union rights perspective

Ruwan Subasinghe, Legal Director, International Transport Workers' Federation (ITF); Jeff Vogt, Rule of Law Director, Solidarity Center; and Paapa Danquah, Legal Director, International Trade Union Confederation (ITUC) 15 4月 2025

オピニオン

Obstacles, advances and Brazil's position at the UN Binding Treaty negotiations

Melisanda Trentin, Lawyer and programme coordinator at Justiça Global, and Manoela Roland, Homa – Brazilian Institute of Human Rights and Business 11 4月 2025

View Full Series

プライバシー情報

このサイトでは、クッキーやその他のウェブストレージ技術を使用しています。お客様は、以下の方法でプライバシーに関する選択肢を設定することができます。変更は直ちに反映されます。

ウェブストレージの使用についての詳細は、当社の データ使用およびクッキーに関するポリシーをご覧ください

Strictly necessary storage

ON
OFF

Necessary storage enables core site functionality. This site cannot function without it, so it can only be disabled by changing settings in your browser.

クッキーのアナリティクス

ON
OFF

When you access our website we use Google Analytics to collect information on your visit. Accepting this cookie will allow us to understand more details about your journey, and improve how we surface information. All analytics information is anonymous and we do not use it to identify you. Google provides a Google Analytics opt-out add on for all popular browsers.

Promotional cookies

ON
OFF

We share news and updates on business and human rights through third party platforms, including social media and search engines. These cookies help us to understand the performance of these promotions.

本サイトにおけるお客様のプライバシーに関する選択

このサイトでは、必要なコア機能を超えてお客様の利便性を高めるために、クッキーやその他のウェブストレージ技術を使用しています。