"Ten years on, talks for a business and human rights treaty get new impetus", 21 July 2024

After ten years of division over negotiations for a legally binding agreement on business and human rights, states have to choose between one more decade of lip service or delivering on the demands of civil society, communities and businesses wishing to level the playing field, writes negotiations expert Jérôme Bellion-Jourdan.

At its latest session, the Human Rights Council made a significant move by adopting a decision that stands to give new impetus to the decade-long talks to draft a legally binding treaty on transnational corporations and other business enterprises with respect to human rights...

While some point to limited results since the launch of the process in 2014, the decision provides a new opportunity for progress, assuming decisive steps by the chair-rapporteur, states and other stakeholders....

The draft currently on the table provides for preventative measures such as the obligation of states to ensure that business enterprises exercise their “human rights due diligence”, the duty to provide victims “access to justice and remedy”, and much-debated provisions on liability and jurisdiction...

Irrespective of the real intentions of the negotiating parties, progress will depend on how efficiently the additional time for consultations is used to bridge gaps on issues such as treaty scope, liability and jurisdiction. The involvement of legal experts, currently in the process of being selected, will be crucial to ensure the treaty’s provisions may be transposed in the different legal systems.

As often in negotiations, much would also depend on political will. It isn’t clear yet whether the EU will genuinely engage in the talks. The group hasn’t delivered so far on the European Parliament’s clear call to adopt a formal negotiating mandate, making it unlikely it will fully engage in discussions at the next Intergovernmental Working Group session....

Adding to uncertainties is an upcoming change in leadership...

To avoid another decade-long stalemate, the chair rapporteur and negotiating parties could usefully try different negotiation formats and techniques...

While the negotiations continue, much more needs to be done by states and businesses to implement the UN Guiding Principles and act on the recommendations made by the UN Working Group on Business and Human Rights and the UN Office of the High Commissioner for Human Rights, also relevant to new and emerging technologies. Progress on business and human rights could also feed into wider agendas, such as the human rights economy advocated by UN high commissioner for human rights Volker Türk as a contribution to the Summit of the Future.