CIDSE @ the 11th Session of the UN Binding Treaty – CIDSE
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CIDSE @ the 11th Session of the UN Binding Treaty

NEW: CIDSE conclusions on the outcomes of the 11th Session, 27 October 2025

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 (LBI) 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 11th 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, October 2025
– CIDSE et Al General oral statement, 20 October and statement on Articles 14, 15 and 18, 21 October (EN)
– Trócaire, el Consejo del Pueblo Maya (CPO), la Asociación Comisión Paz y Ecología (COPAE) y el Parlamento Xinka de Guatemala General oral statement, 20 October (ES)
– Trócaire, CIDSE, el Consejo del Pueblo Maya (CPO), la Asociación Comisión Paz y Ecología (COPAE) y el Parlamento Xinka de Guatemala oral statement on Articles 14, 21 October (EN – ES).
– CIDSE et Al oral statement on Article 15, 21 October (EN)
– CIDSE et Al oral statements on Articles 4-11, 22-23 October (EN)

CIDSE delegation
A CIDSE delegation will be in Geneva from 20-24 October, consisting of representatives from its member organisations: Broederlijk Delen (Belgium), Fastenaktion (Switzerland), DKA-Austria, member of KOO (Austria) and Trócaire (Ireland), joined by partner organisations from Brazil and Guatemala and allies to lobby official delegations.

CIDSE delegation in Geneva. Credit: CIDSE

Status of the Treaty process
As part of the updated 2025 Roadmap to prepare for the 11th session, the Chair of the OEIGWG convened three thematic intersessional consultations. The first, held on 15-16 April 2025, covered Articles 4 (Rights of victims), 5 (Protection of victims), and 7 (Access to remedy). The second and third consultations, which took place from 3 to 5 June 2025, considered Articles 6 (Prevention), 8 (Legal liability), 9 (Jurisdiction), 10 (Statute of limitations) and Article 11 (Applicable law) of the Updated draft of the Legally Binding Instrument. This consultation process encouraged analysis, reflection, and exchange on legal drafting and conceptual issues, rather than aiming for immediate consensus or decisions on specific text proposals. On 25 September, the Chair presented a summary report on the intersessional thematic consultations, which was complemented on 13 October by suggested redrafting of selected provisions of Articles 4-11 of the Updated draft of the LBI. As per the programme of work for the 11th session, the wording proposals will be presented on Wednesday 22 October and will be open to discussion with States and non-State stakeholders. Official negotiations at the 11th session will focus on Articles 12 to 24 of the Updated draft document and the agreement of a road map for 2026.

Margarita Ramona Diaz from Consejo de Pueblos Maya delivering Trócaire et al oral statement. Credit: CIDSE.

CIDSE POSITION
Process
CIDSE and its members welcome the Chair-Rapporteur’s continued efforts to provide a clear methodology and roadmap as well as the practice of preparing non-papers for intersessional consultations, which have proven useful in clarifying areas of divergence and offering potential solutions, even though they are not legally binding. We regret that the summary report of the intersessional thematic consultations, which contains wording proposals, was only issued a few days before the negotiation week, providing limited opportunity for a thorough analysis to inform the negotiations. Regarding the programme of work, CIDSE and its members also regret the late scheduling of discussions on the outcomes of the 2024 and 2025 intersessional consultations. In future sessions, such outcomes should be discussed at the beginning of the week to ensure greater political visibility and better-informed negotiations.

Content
Drawing from the legal analysis of the Updated Draft commissioned from Prof. Dr. Markus Krajewski and his team, CIDSE and its members recommend textual refinements for the following articles that will be discussed during the 11th session: 

  • Article 14 – Consistency with International Law:
    Suggested language: “States Parties shall ensure that obligations under trade and investment agreements are interpreted and implemented consistently with their human rights obligations under this Instrument.” 
  • Article 15 – Institutional Arrangements:
    Suggested addition: “The Committee shall be empowered to consider communications from individuals and groups alleging violations of this Instrument, subject to admissibility criteria.” 

In addition, CIDSE and its members urge States to preserve and protect the content in Articles 12, “Mutual Legal Assistance,” and Article 13 “International Cooperation” to ensure the enforceability of other provisions, such as those in Article 9 “Jurisdiction”, and Article 8 “Legal Liability”.   

The role of the EU
CIDSE and its members are watching the latest developments regarding the Omnibus Simplification Package proposed by the European Commission with grave concern. The Commission’s proposal, the Council’s General Approach and the latest report of the European Parliament’s Legal Affairs Committee signal an intention to dismantle key protections within the Corporate Sustainability Due Diligence Directive (CSDDD); this would undermine what was meant to be one of the EU’s flagship instruments for business and human rights. These EU developments risk having serious ramifications for the UN LBI process. CIDSE and its members urge the EU delegation in Geneva to ensure that any Omnibus amendments do not reduce corporate accountability obligations. Instead, the EU must defend and strengthen due diligence, liability, access to justice and the scope of the supply chain.

Activities in the run-up to and during the 11th session.

  • 13 October: “Putting People Before Profit: Faith-Based Advocacy”, webinar organised by Christian Aid, CIDSE, Act Alliance, Trócaire, Franciscans International, World YWCA and CAFOD. See flyer.
  • 14 October: “A Healthy Environment is Every Child’s Right”, DKA-Austria online side event, organized in collaboration with the Human Rights Clinics of UFMG and PUCPR, ECPAT International and Franciscans International. See flyer and policy paper.
  • 15 October: “Without our land and river, we will starve: Uncovering Green Colonialism in EDF, Sumitomo and TotalEnergies Hydroelectric dam Project in Mozambique”, release of report by CCFD Terre solidaire, Justiça Ambiental and ECCHR. (EN – FR – PT). Official launch at a webinar on 24 October, 11:00 CEST. Register HERE.
  • 17 October: “When mining and agribusiness cause hunger: can the UN protect rural communities against globalised companies?“, Fastenaktion round table organised in partnership with the Graduate Institute (IHEID). See flyer.
  • 21 October, 13:00-14.00: “Our Voice for Global Justice! Youth Demands on the Binding Treaty“, Room VII, Palais des Nations, side event organised by NeSoVe/Treaty Alliance Austria with Young Friends of the Treaty and Südwind Austria. See flyer. Pre-registration required: register at stefan.grasgruber-kerl@suedwind.at


Additional Resources:

CIDSE onsite contacts in Geneva:   

  • Susana Hernandez, CIDSE (hernandez(at)cidse.org
  • Wies Willems, Broederlijk Delen (wies.willems(at)broederlijkdelen.be
  • François Mercier, Fastenaktion (mercier(at)fastenaktion.ch)
  • Chris O’Connell, Trócaire (chris.oconnell(at)trocaire.org)


Cover photo/ UN Headquarters, Geneva. Credit: Manos Unidas

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