A/HRC/37/67
I. Introduction
1.
The open-ended intergovernmental working group on transnational corporations and
other business enterprises with respect to human rights was established by the Human
Rights Council in its resolution 26/9 of 26 June 2014, and mandated to elaborate an
international legally binding instrument to regulate, in international human rights law, the
activities of transnational corporations and other business enterprises with respect to human
rights. In the resolution, the Council decided that the Chairperson-Rapporteur should
prepare elements for the draft legally binding instrument for substantive negotiations at the
commencement of the third session of the working group, taking into consideration the
discussions held at its first two sessions. 1
2.
The third session, which took place from 23 to 27 October 2017, opened with a
video statement by the United Nations High Commissioner for Human Rights. He
congratulated the former Chair-Rapporteur for successfully steering the first two sessions in
a manner that laid fertile ground for the preparation of the elements and recognized that the
treaty process had entered a new phase to discuss such elements. He noted that the Guiding
Principles on Business and Human Rights were an important step towards extending the
human rights framework to corporate actors. He stated that there was no inherent
dichotomy between promoting the Guiding Principles and drafting new standards at the
national, regional or international level aimed at protecting rights and enhancing
accountability and remedy for victims of corporate-related human rights abuses. He
reiterated his commitment and full support to the working group, and expressed his hope
that the recommendations from the accountability and remedy project of the Office of the
United Nations High Commissioner for Human Rights (OHCHR) could provide useful
contributions to the discussion during the third session.
3.
The High Commissioner’s remarks were followed by a statement of the President of
the Human Rights Council, who emphasized the role that human rights must have in
relation to business in a globalized world. He noted that seeking consensus and engaging in
constructive cooperation and dialogue was the spirit of the first two sessions and would be
key to fulfilling the mandate provided by resolution 26/9. The President further recalled the
close link between the 2030 Agenda for Sustainable Development and the development of
human rights, which justified its use as a starting point to form the objectives of the
working group process.
4.
The Director of the Thematic Engagement, Special Procedures and Right to
Development Division referred to the recommendations of the accountability and remedy
project, aimed at enhancing the effectiveness of national judicial systems in ensuring
accountability and access to remedy, including in cross-border cases, which could inform
the working group process. She expressed the willingness of OHCHR to provide further
substantial or technical advice to the working group as appropriate.
II. Organization of the session
A.
Election of the Chair-Rapporteur
5.
The working group elected Permanent Representative of Ecuador, Guillaume Long,
as Chair-Rapporteur by acclamation following his nomination by the delegation of Jamaica
on behalf of the Group of Latin American and Caribbean States.
1
See A/HRC/31/50 and A/HRC/34/47.
3
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