The European Network on National human rights institutions (ENNHRI) published a Statement on the Occasion of the 4th session of the Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (OEIGWG). ENNHRI states that "a binding treaty could make a significant contribution to addressing current governance gaps and strengthening prevention of business-related human rights abuses while also improving access to remedy for victims of such abuses, wherever they are." The National Human Rights Institutions believe a business and human rights treaty building on the UNGP’s three pillars should and can be complementary to the UNGPs. ENNHRI regrets, however, that despite positive developments and despite the growing awareness by businesses of their contribution to sustainable development, there remains insufficient progress on the part of European businesses in implementing human rights due diligence. ENNHRI also expresses concern about the continuing adverse impacts of businesses on human rights, both within and outside of Europe. Therefore, ENNHRI is convinced that there is still a great need for further efforts, including through legally binding instruments, in this area.
November 5, 2018 | ENNHRI
ENNHRI Statement on Occasion of the 4th session of the Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (IGWG)
The European Network on National human rights institutions (ENNHRI) published a Statement on Occasion of the 4th session of the Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (IGWG). In the statement, they state that "a binding treaty could make a significant contribution to addressing current governance gaps and strengthening prevention of business-related human rights abuses while also improving access to remedy for victims of such abuses, wherever they are." The National Human Rights Institutions believe a business and human rights treaty building on the UNGP’s three pillars should and can be complementary to the UNGPs. ENNHRI regrets, however, that despite positive developments and despite the growing awareness by businesses of their contribution to sustainable development, there remains insufficient progress on the part of European businesses in implementing human rights due diligence. ENNHRI also expresses concern about the continuing adverse impacts of businesses on human rights, both within and outside of Europe. Therefore, ENNHRI is convinced that there is still a great need for further efforts, including through legally binding instruments, in this area.
Key considerations:
1. Regarding the negotiation process
ENNHRI urges the EU and all EU Member States to proactively engage in the drafting process throughout the session.
2. Regarding the “Zero Draft” Treaty
ENNHRI welcomes the “Zero Draft” Treaty as a step towards further elaboration of a treaty text. In particular, ENNHRI welcomes:
- the emphasis on access to justice and remedy for victims and the emphasis on prevention by requiring state to pass due diligence legislation
- the recognition of the central role of human rights due diligence in ensuring accountability of businesses for identifying and addressing their adverse human rights impacts
- the emphasis on states as duty bearers under international human rights law, including their right to regulate at the domestic level to ensure protection from human rights abuses committed by third parties such as businesses
- the emphasis on the urgent need for policy coherence in the areas of human rights and trade
- the emphasis on mutual cooperation between states in ensuring business accountability
- the scope of the current activities to be covered includes only activities of a ‘transnational character’, whereas it would be beneficial for practical reasons and for the purpose of aligning fully with the UNGPs, to clearly state that all business enterprises are addressed, including, for instances, enterprises that fall under the ‘state-business nexus’, such as state-owned enterprises
- the need for all aspects of the text to be made more precise in subsequent iterations, for instance, to ensure alignment of the due diligence provisions with the UNGPs, as well as established principles of law,
- while the references to gender and the position and needs of vulnerable groups are a good starting point, these will need to be refined and strengthened.
With regards to the Optional Protocol:
ENNHRI welcomes the idea of national implementation mechanisms23 and is keen to engage in further exploration of how NHRIs can be involved.
Download the full statement here. (pdf, 259 KB)
