As part of its commitment to advocate for human rights above corporate interests, CIDSE is closely following the negotiations for an international Legally Binding Instrument on transnational corporations and other business enterprises. Established in 2014, the Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (OEIGWG) is entering its 10th session this year.
| Read: – CIDSE’s contribution to the Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, December 2024 – Presentation of CIDSE position paper for the 10th Session by Armin Paasch, Misereor at the webinar “Caring for our Common Home: The need for a Legally Binding Instrument for TNCs and other types of business”, 12 December 2024 – CIDSE General oral statement, 16 December (EN / FR ) – Trócaire, Xinka Parliament General oral statement, 16 December (ES) – CIDSE oral statement on Article 6 – Prevention, 18 December (EN / FR) – CIDSE oral statement on Article 8 – Legal liability, 19 December (EN) |
CIDSE delegation
A delegation is in Geneva from 16-20 December, consisting of representatives from its member organisations: CCFD-Terre Solidaire (France), Fastenaktion (Switzerland), Misereor (Germany) and Trócaire (Ireland), joined by partner organisations from the Global South and allies to lobby official delegations.
Photo credit: CIDSE
Status of the Treaty process
Last year, negotiations and discussions on provisions stopped at Article 3. As part of the conclusions of the 9th session, the Chair Rapporteur raised the need for a procedural decision of the Human Rights Council (HRC) to enhance the support capabilities of the OEIGWG. The HRC decision 56/116 adopted on 11 July 2024, establishes 10 full-day intersessional thematic consultations per year, starting in 2025, for a period of three years,with the assistance of legal experts.
The Updated draft of the Legally Binding Instrument (Updated draft) released in July 2023 – and amended after the 9th Session with States’ textual proposals – will be the basis for discussions at the 10th Session.
CIDSE POSITION
Process
CIDSE and its member organisations welcome the intersessional consultations as a way to speed up the process, and encourage States to take into account the opinions of the legal experts. However, based on the experience of the 9th Session, it is feared that States will not be able to advance the reading to Article 24 in one week and that substantive discussions will not take place until next year.
To foster efficient negotiations at the 10th session, CIDSE would like to suggest that the new Chair Rapporteur encourages State delegations to stick to the Programme of Work and continue discussing the substance, focusing on reaching a consensus among State delegations.
Content
For CIDSE and its member organisations, one of the strengths of the Updated draft is its broad personal scope of application, which covers all companies and all economic activities, including those of a transnational nature. Likewise, the material scope of application includes “all internationally recognised human rights and fundamental freedoms.” However, there are concerns about significant weaknesses in the Updated draft. These include, in particular:
- The deletion of the reference to the human right to a safe, clean, healthy and sustainable environment,
- The lack of clarity on the due diligence obligations that States should impose on companies with respect to remedial action and the extent to which they will apply to a company’s entire value chain,
- Legal liability across value chains and complex corporate structures.
Recommendations are made on specific provisions of the Updated draft and CIDSE will call on States to address these gaps during the negotiations at the 10th Session.
The role of the EU
The entry into force of the EU Corporate Sustainability Due Diligence Directive (CSDDD) on 25 July 2024, marked a milestone for corporate accountability, moving from voluntary guidelines to a new legal framework at EU level. We hope that the new Directive can create the conditions for the EU to adopt a mandate to actively and formally engage in the LBI negotiations. We would like to remind that an international legally binding UN instrument is crucial for its global scope and that it could complement the CSDDD. Little progress has been made this year on the EU mandate. CIDSE regrets that the 10th Session may be a missed opportunity for the EU and its Member States to actively engage in the negotiations and will continue to advocate for their active participation.
Watch the recording of the webinar “Caring for our Common Home: The need for a Legally Binding Instrument for TNCs and other types of business”, 12 December:
Additional Resources:
- Analysis of the UN 2023 Updated draft legally binding instrument on business and human rights by Dr. Prof Markus Krajewski, Stephanie Regalia and Otgontuya Davaanyam, published by CIDSE, October 2023 (EN – ES – FR)
- Industries extractives terrain miné pour les droits humains et l’environnement, multimedia file and campaign manifesto, CCFD Terre Solidaire, December 2024
- The Right to a Healthy Environment: From recognition to implementation, Policy paper, Franciscans International, September 2024. (ES)
CIDSE contacts in Geneva:
- Clara Alibert, CCFD-Terre Solidaire (c.alibert(at)ccfd-terresolidaire.org)
- François Mercier, Fastenaktion (mercier(at)fastenaktion.ch)
- Armin Paasch, MISEREOR (Armin.Paasch(at)misereor.de)
- Chris O’Connell, Trócaire (Chris.oconnell(at)trocaire.org)
Cover photo/ UN Headquarters, Geneva. Credit: Manos Unidas