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	Enhance the International Legal Framework to Protect Human Rights from Corporate Abuse by Treaty Alliance   We, the signatories to this joint statement,   Welcome the establishment at the 26th Session of the UN Human Rights Council of the “open-ended intergovernmental working group on a legally binding instrument on transnational corporations and other business enterprises with respect to human rights, the mandate of which shall be to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises” (res 26/9). We call on all civil society organizations and States to actively and constructively participate in this process.   We are convinced of the need to enhance the international legal framework to protect human rights in the context of business operations. We are also mindful of the urgent need to improve access to justice, remedy and reparations for victims and to stop corporate human rights abuses. The treaty process complements other instruments and initiatives in the field of business and human rights.   On the process and participation of States and civil society   There is a large and growing group of human rights organizations, social movements, affected communities and other civil society organizations involved in this process. The strong mobilization at the time of the Human Rights Council decision to start this process gathered more than 600 signatures (from at least 90 countries) in support of a Joint Statement and ensured the presence of numerous national and international organizations in Geneva in June 2014.   With regard to the procedures to be followed by the Intergovernmental Working Group, it is important from the outset that the ground rules ensure full transparency and enable a participative process towards the elaboration of this legally binding instrument.   The process of elaboration of the prospective treaty should address the needs and realities of people and communities whose human rights have been infringed, or are being threatened, by corporate conduct.   We call on all States to actively participate in good-faith and constructively in the development of this treaty. States and the IGWG should safeguard their integrity from undue influence by actors from or related to the private sector whose primary interest in the process falls outside the objective of promotion and protection of human rights.   The existing rules for the participation of observers with ECOSOC status in the Intergovernmental Working Group should be applied. Special attention should be given to the participation of representatives from communities and organizations of people affected by transnational corporations and other business enterprises.   On the format, scope and content of the treaty   We reaffirm the content of the Treaty Alliance’s Joint Statement adopted prior to the decision of the Human Rights Council of June 2014. A new phase starts now with the establishment of the open-ended Intergovernmental Working Group and the preparations for its first session on 6-10 July 2015. With a view to achieving meaningful progress at this session, we consider that the following elements must be discussed:   a) The treaty should require States to adopt legislation and other measures requiring TNCs and other business enterprises to adopt policies and procedures aimed at preventing, stopping and redressing adverse human rights impacts wherever they operate or cooperate. These measures should also cover business operations and relationships taking place in countries other than the countries where the business may be domiciled or headquartered. Companies should be subjected to appropriate sanctions for their failure to adopt such policies and procedures.   b) The treaty should clarify the kind of company conduct that will give rise to legal liability (civil, criminal and administrative). Through this international instrument, States will have the obligation to translate these standards into national legislation and enforce them. Offences committed against the environment and impacting adversely human rights should be included. Provisions for international legal and judicial cooperation among countries should facilitate the investigation and trial of cases of transnational nature.   c) The treaty should elaborate on the modalities in which TNCs and other business enterprises participate in the commission of human rights abuses, including corporate complicity and parent company responsibility for the offences committed by its subsidiary. Corporate legal responsibility should not exclude the legal responsibility of company directors or managers.   d) The treaty should allow people with a claim access to judicial remedies not only in their own home States, but in all other States that have jurisdiction over the concerned business enterprise. The jurisdiction of national courts of these States should extend to deal with these cases separately and jointly, and effectively guarantee access to justice to the victims.   e) The treaty should provide for an international monitoring and accountability mechanism. A dedicated unit or centre within the United Nations may improve the international capacity for independent research and analysis and for monitoring the practices of transnational corporations and other business enterprises. The needs and feasibility of a complementary international jurisdiction should be discussed.   f) The treaty should contain provisions requiring States to respect, protect and facilitate the work of human rights defenders and whistle-blowers. The right to access to information of public importance and relevant to cases of business-related abuse should be guaranteed.   We consider that during the sessions of the IGWG there should be a full discussion about addressing businesses operating within a single State.   The enhancement of the international human rights system in relation to TNCs and other business enterprises is urgent and needed. We call on civil society organizations, social movements, affected communities and the public to actively promote locally, nationally and internationally the public debate around this process and mobilize for this treaty.   http://www.treatymovement.com/statement/ http://www.treatymovement.com/news Visit the related web page
	Sustainable development: UN expert group calls for accountability of public and private sectors by UN Working Group on business and human rights   Corporations must contribute to sustainable development by respecting human rights   The United Nations Working Group on business and human rights today urged Governments across the world to ensure that corporations do not undermine sustainable development, and called for greater transparency and accountability for how businesses address human rights risks and impacts.   “States must set a clear vision for connecting the increasing role of the private sector and businesses in development with accountability and agreed standards for business practices aligned with human rights,” the independent expert group said in a letter* to lead negotiators as they enter the final stages of negotiating the ‘Post-2015 Sustainable Development Agenda.’   Last week, two key outcome documents were made public after months of negotiations: the draft Action Agenda of the Third International Conference on Financing for Development, being held in Addis Ababa from 13 to 16 July 2015; and the final draft outcome document for the UN Summit in New York in September 2015.   “The goals are ambitious, as they must be, calling for ‘a world of universal respect for human rights and human dignity,’ ‘free of poverty, hunger, disease and want,’ and ‘free of fear and violence,’” said Margaret Jungk, who currently heads the Working Group, applauding the Agenda and its message about the need for all parts of society to contribute.   In their letter, the experts highlight that the draft outcome documents stress the critical importance of engaging all relevant stakeholders, including business and the private sector, in implementation of the new Agenda. However, they caution that business activities can also undermine respect for human rights if not properly regulated.   “It is critical to ensure that recognition of the increased role of business in development is coupled with adequate accountability,” the human rights expert said.   “A simple way of addressing this in the draft outcome documents would be to reference the UN Guiding Principles on Business on Human Rights, the authoritative framework to prevent and address adverse human rights risks and impacts of business activities, agreed to by UN member states in 2011,” Ms. Jungk added.   The United Nations Working Group on business and human rights has urged the UN system and all its member states to make globalization inclusive and aligned with human rights, and called for full accountability of public and private sectors’ activities in that regard.   The expert’s call comes as a number of key international negotiations are taking place on sustainable development goals for the world, development financing and the climate change, as well as a number of policy talks on trade, finance and investment.   “Today we are at a major crossroads for making sure that the way the world does business, trade, finance and investment is not at the cost of human dignity, environmental protection, equality and sustainability,” said human rights expert Michael Addo during the presentation of the Working Group’s latest report* to the UN Human Rights Council.   “It is critical to achieve coherent solutions,” the current head of the expert group said. “That means ensuring accountability of those public and private actors which have the capacity not only to drive economic growth, but also to undermine human development.”   A major backdrop to the ongoing debates on sustainable development is globalization and the increasing role and impact of businesses on society. Business is increasingly also recognized as a partner in development, from investing in land, natural resources, infrastructure, health and technology to providing funding for various development efforts.   “We see in the newly proposed sustainable development goals that the private sector is envisaged as having a key role. At the same time, we are concerned that there is not sufficient recognition of the fact that business activities can also have negative effects on human rights,” the expert warned.   The Working Group’s report notes that business can affect the full spectrum of human rights in the context of development, “from displacement of communities without proper consultation or compensation, affecting the right to food and life, to pollution affecting the right to clean water and health.”   The study also points out that while States have a duty to protect human rights, business has a responsibility not to cause or contribute to human rights harm, and both have the duty to ensure access to remedy for victims. “This is set out in the UN Guiding Principles on Business and Human Rights and must be reflected in all frameworks for sustainable development and economic governance,” Mr. Addo stated.   The expert group’s report defines how organizations within the UN system could play a role to ensure a more coherent global system, but in particular stresses the need for States to ensure that their positions on sustainable development, trade, finance and investment were consistent with their human rights obligations.   The report presents a range of practical options for States which include, among others using the UN human rights checklists in contract negotiations with private investors, as well as ensuring that investment treaties do not constrain the State’s ability to adopt legitimate reforms to fulfill the human rights of citizens, and that international financial institutions’ lending activities do not undermine human rights.   The group of experts also recommends that an increased role of the private sector in the pursuit of sustainable development goals is coupled with the necessary accountability mechanisms, including by making companies report on their human rights impacts.   “In moving forward, all stakeholders must play their part,” Mr. Addo stressed. “Businesses must take steps to meet the expectation to respect human rights. States should seize the opportunity to move towards more coherent approaches in global governance, and ultimately to improve human rights outcomes in support of sustainable development.”   http://www.ohchr.org/EN/Issues/Business/Pages/WGHRandtransnationalcorporationsandotherbusiness.aspx Visit the related web page
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