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, 21

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