A/HRC/37/67
document. It was highlighted that States should participate in that process and not stop
codifying just because existing treaties were not implemented. There was a call for
strengthening existing institutions and implementation of existing instruments, such as the
Guiding Principles; guidance in that regard could be drawn from initiatives such as the
OHCHR accountability and remedy project. Others expressed the view that existing
institutions and instruments were failing to ensure the protection of victims, and that the
creation of a legally binding instrument to oblige States and transnational corporations and
other business enterprises to comply with human rights standards, and the creation of
mechanisms to enforce such obligations, were necessary to address shortcomings in the
current system. Delegations and NGOs stressed the importance of victims’ participation in
those processes, the need to ensure that they obtained redress when their rights were
violated, and the importance of protecting human rights defenders. One regional
organization stated that those who had suffered human rights violations by States, as well
as those that were victims of abuses by non-State actors, had a right to access justice and a
right to effective remedy, and insisted that States must implement existing obligations.
V. Recommendations of the Chair-Rapporteur and conclusions
of the working group
A.
Recommendations of the Chair-Rapporteur
127. Following the discussions held during the first three sessions of the working
group, in particular the discussion on the elements for the draft legally binding
instrument on transnational corporations and other business enterprises with respect
to human rights presented by the Chair-Rapporteur, and pursuant to its mandate, as
defined in paragraph 1 of resolution 26/9, and acknowledging the different views
expressed, the Chair-Rapporteur should:
(a)
Invite States and different stakeholders to submit their comments and
proposals on the draft elements document no later than the end of February 2018;
(b)
Present a draft legally binding instrument on transnational corporations
and other business enterprises with respect to human rights, on the basis of the
contributions from States and other relevant stakeholders, at least four months before
the fourth session of the Working Group, for substantive negotiations during its
fourth and upcoming annual sessions until the fulfilment of its mandate;
(c)
Convene a fourth session of the Working Group to be held in 2018 and
undertake informal consultations with States and other relevant stakeholders on its
programme of work.
B.
Conclusions of the working group
128. At the final meeting of its third session, on 27 October 2017, the working group
adopted the following conclusions, in accordance with its mandate established by
resolution 26/9. The Working Group:
(a)
Welcomed the opening messages of the United Nations High
Commissioner for Human Rights and of the President of the Human Rights Council
and thanked the Minister for Foreign Affairs of Ecuador, María Fernanda Espinosa
Garcés, and the Member of the French National Assembly, Dominique Potier, for
their participation as keynote speakers. It also thanked the independent experts and
representatives who had taken part in panel discussions, the interventions, proposals
and comments received from Governments, regional and political groups,
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