Confronting the Constraints of the Medium: The Fifth Session of the UN Intergovernmental Working Group on a Business and Human Rights Treaty

2020 ◽  
Vol 5 (1) ◽  
pp. 150-155 ◽  
Author(s):  
Claire METHVEN O’BRIEN
Keyword(s):  
Human Rights ◽  
Working Group ◽  
Business And Human Rights

The Role of Non-Governmental Organizations in the Business and Human Rights Treaty Negotiations

2017 ◽  
Vol 9 (2) ◽  
pp. 287-311 ◽  
Author(s):  
Nadia Bernaz ◽  
Irene Pietropaoli
Keyword(s):  
Human Rights ◽  
Working Group ◽  
Corporate Accountability ◽  
Governmental Organizations ◽  
Business And Human Rights ◽  
Non Governmental Organizations ◽  
Treaty Negotiations ◽  
Global Movement ◽  
The Impact

AbstractIn June 2014, the UN Human Rights Council established an intergovernmental working group to elaborate a treaty on business and human rights. In July 2015, the working group held its first session launching the negotiations process—the culmination of a global movement of non-governmental organizations (NGOs) that over the last four decades have called for greater corporate accountability for human rights violations. The advocacy activities of the Treaty Alliance, an alliance of NGOs that supports the development of the treaty, were pivotal to the tabling of the resolution establishing the working group. These organizations now have the opportunity to engage with the negotiations process, both formally and informally, through consultations, advocacy, and lobbying. This article considers the impact NGOs may have in the drafting negotiations of the proposed treaty. It identifies several lobbying and advocacy strategies that were successful in previous international law-making processes and discusses the extent to which they could be applied to the current negotiations. It presents the benefits of an NGO coalition, of formal and informal lobbying strategies, and of the development of a common NGOs and friendly states framework. It analyses the reasons for Western states’ opposition and suggests lobbying strategies that may overcome it. Recognizing the unique subject matter of this treaty, it also focuses on lobbying corporate actors, and explores the complementarity between the Guiding Principles on Business and Human Rights and the treaty and the need for NGOs to support both. The article concludes on the necessity to compromise on essential points if a treaty is ever to emerge.

scholarly journals Konvencijas par uzņēmējdarbību un cilvēktiesībām nepieciešamība

2021 ◽  
pp. 97-103
Author(s):  
Mārtiņš Birģelis ◽  
Keyword(s):  
Human Rights ◽  
Working Group ◽  
Transnational Corporations ◽  
Legal Framework ◽  
International Treaty ◽  
Business And Human Rights ◽  
Human Rights Council ◽  
The Impact

The current legal framework does not properly address the impact that transna­tional corporations have on human rights. In 2014, the UN Human Rights Council established an open-ended intergovernmental working group with a mandate to elaborate an international legally binding instrument to regulate the activities of transnational corporations and other business enter­prises. Yet this decision was strongly contested. This article outlines the main arguments for desirability of an international treaty on business and human rights and provides a response to some of the most common objections raised against the development of such legally binding instrument.

scholarly journals Respecting Human Rights in Conflict Regions: How to Avoid the ‘Conflict Spiral’

2016 ◽  
Vol 2 (1) ◽  
pp. 109-133 ◽  
Author(s):  
Andreas GRAF ◽  
Andrea IFF
Keyword(s):  
Human Rights ◽  
Working Group ◽  
Business Practice ◽  
Conflict Analysis ◽  
Business Practices ◽  
Due Diligence ◽  
Established Method ◽  
Business And Human Rights ◽  
Human Rights Due Diligence

AbstractThis article introduces a novel way in which human rights due diligence can be ‘enhanced’ to respond to business and human rights challenges specific to conflict affected areas. It makes two key arguments. First, it claims that a crucial and often neglected factor for understanding human rights risks in conflict affected areas is that businesses face escalating and largely unpredictable human rights risks once they become involved in conflict. Second, the article shows how integrating aspects of the well-established method of conflict sensitive business practice into human rights due diligence can help companies address this challenge. For instance, companies should include a conflict analysis in human rights impact assessments and systematically identify and address their actual or potential impacts on conflict. This article provides support to a UN Working Group proposal for the integration of conflict sensitive business practices into human rights due diligence.

scholarly journals Corporate and State Responsibilities in Conflict-Affected Areas

2014 ◽  
Vol 83 (3) ◽  
pp. 293-345 ◽  
Author(s):  
Radu Mares
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Working Group ◽  
Armed Conflict ◽  
Policy Recommendations ◽  
Business And Human Rights ◽  
Foundational Principle ◽  
Trading Partners ◽  
Guiding Principles ◽  
Context Specific

Some of the emblematic cases of corporate-related infringements of human rights have appeared in unstable and violence-ridden zones, including armed conflict and other contexts with lower levels of conflict, internal disturbances, widespread violence and latent tensions. Businesses have been involved in different ways, as direct perpetrators, accomplices or mere trading partners. This article tracks the issue of conflict-affected areas as elaborated in the United Nations (UN) Guiding Principles on Business and Human Rights during the Special Representative’s mandate (2005–2011) and the post-mandate period of 2011–2014, especially by looking at the UN Working Group on business and human rights and the emerging National Action Plans. Conflict was a theme of high priority during John Ruggie’s UN mandate but lost visibility in the post-2011 period. What could explain this change? This article analyses in depth the relevant provisions in the UN Guiding Principles, particularly Principle 7, and how stakeholders have responded to the Special Representative’s policy recommendations. The results of this analysis indicate that, contrary to appearances, Principle 7 is not merely an operational, context-specific principle limited to conflict-affected zones where the host state is incapacitated by conflict; rather Principle 7 should be seen as a foundational principle about gross abuses, about the responsibilities of home states to act preventively and reactively when ‘their’ companies are involved in gross abuses in conflict-affected areas and beyond.

The Necessity for a Business and Human Rights Treaty

2016 ◽  
Vol 1 (2) ◽  
pp. 203-227 ◽  
Author(s):  
David BILCHITZ
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Working Group ◽  
Negative Impact ◽  
Transnational Corporations ◽  
Human Rights Violations ◽  
Legal Instrument ◽  
Business And Human Rights ◽  
Human Rights Council

AbstractIn June 2014, the Human Rights Council passed a resolution establishing an inter-governmental working group to discuss a legally binding instrument relating to transnational corporations and other business enterprises. In this article, I outline four arguments for why such an instrument is desirable. Identifying the purpose of such a treaty is crucial in outlining a vision of what it should seek to achieve and in determining its content. The arguments indicate that a treaty is necessary to provide legal solutions to cure serious lacunae and ambiguities in the current framework of international law which have a serious negative impact upon the rights of individuals affected by corporate activities. The emphasis throughout is upon why a binding legal instrument is important, as opposed to softer forms of regulation such as the United Nations Guiding Principles on Business and Human Rights. The four arguments in turn provide the resources to respond to objections raised against the treaty and to reject an alternative, more restrictive proposal for a treaty that only addresses ‘gross’ human rights violations.

scholarly journals Towards a New Treaty on Business and Human Rights

2015 ◽  
Vol 1 (1) ◽  
pp. 41-67 ◽  
Author(s):  
Olivier DE SCHUTTER
Keyword(s):  
Human Rights ◽  
Working Group ◽  
Legal Assistance ◽  
Action Plans ◽  
Mutual Legal Assistance ◽  
Political Feasibility ◽  
Business And Human Rights ◽  
Adoption And Implementation ◽  
Instrument Building ◽  
Duty To Protect

AbstractThis article examines the legal as well as political feasibility of four potential options for a legally-binding international instrument in the area of business and human rights. The four options that the open-ended intergovernmental working group may wish to consider while negotiating an instrument are: (i) to clarify and strengthen the states’ duty to protect human rights, including extraterritorially; (ii) to oblige states, through a framework convention, to report on the adoption and implementation of national action plans on business and human rights; (iii) to impose direct human rights obligations on corporations and establish a new mechanism to monitor compliance with such obligations; and (iv) to impose duties of mutual legal assistance on states to ensure access to effective remedies for victims harmed by transnational operations of corporations. As these options are not mutually exclusive, the author argues that a hybrid instrument building on elements of the first and the fourth option may be the best way forward both in terms of political feasibility and improving access to effective remedies for victims.

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