A zero draft of a legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises, is the subject of discussions in an inter-governmental open ended working group under the auspices of the Human Rights Council (15-19 October 2018). The draft aims at harnessing international cooperation among home and host states of business enterprises in order to address barriers to get remedies for victims of human rights violations in the context of business activities of transnational character. The new policy brief by the South Centre discusses the approach to States’ role and obligations as proposed under the zero draft.
November 5, 2018 | South Centre
Advancing international cooperation in the service of victims of human rights violations in the context of business activities
by Kinda Mohamadieh
The zero draft of a “legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises” (hereafter referred to as LBI) was released by the Permanent Mission of Ecuador on behalf of the Chairmanship of the United Nations Human Rights Council’s (HRC) Open Ended Intergovernmental Working Group (hereafter referred to as OEIGWG) established under HRC Resolution 26/9. The zero draft comes during a period when multilateralism has been facing attacks at multiple fronts, including attempts to weaken multiple multilateral mechanisms for facilitation of international cooperation. Yet, voices from all over the world, especially from developing countries and civil society, that support the initiative towards an LBI reflect a belief in, and insistence on, international cooperation as means to advance human rights aspirations and protections.
The zero draft of the LBI opens up an opportunity for those voices to be heard. It aims at ensuring “an effective access to justice and remedy to victims of human rights violations in the context of business activities of transnational character, and to prevent the occurrence of such violations”. A victims-oriented focus for a future LBI had emerged as a common denominator among stakeholders that have participated in the process of discussing an LBI, particularly during the first three meetings of the open-ended intergovernmental working group on this issue.
This brief provides some reflections on the approach to the State’s role and obligations under the zero draft of the LBI. The reflections are based on analyzing the draft text in light of the discussions and proposals that have been made during the three meetings of the OEIGWG held in 2015, 2016 and 2017.
Download full Policy Brief here (pdf, 474 KB).
