A/HRC/37/67 including a large number of civil society organizations. Serious companies supported it since they wanted a level playing field. She stressed the importance of prevention in the elements document, which could have been a key tool to avoid disasters like Rana Plaza, pollution in the Niger Delta and the destruction of lives in the Amazon by Chevron-Texaco. States supported it since they recognized that the two paths — one obligatory, the other voluntary — were mutually reinforcing, as demonstrated by the recent French duty of vigilance law and several other examples. Ms. Espinosa expressed her appreciation that hundreds of people had signed up to participate in the process and hoped that everyone would engage constructively and with respect for diverse viewpoints. 16. Dominique Potier, Member of the French National Assembly, highlighted the importance of ethics in guiding any discussion on human rights. Historically, attempts to fight slavery and provide labour protection were challenged as regulations leading to “the end of the world”, but ended up being the dawn of a new era. Such efforts led to significant decreases in abuse. The recent French duty of vigilance law was a contemporary regulation that could serve as an inspiration for the working group. The law was based on United Nations principles, including the Guiding Principles; was process-oriented; focused on nationality rather than territory; and was progressive in that it targeted the largest companies so they could lead by example. That pragmatic approach made the French law acceptable for all, relevant and adequate to tackle human rights violations. It created a national framework that had an impact all over the world. B. General statements 17. Delegations congratulated the Chair-Rapporteur on his election and thanked the former Chair-Rapporteur for successfully leading the first two sessions. Many delegations expressed appreciation for what they considered a transparent and inclusive process and reaffirmed their trust in the Chair delegation in overseeing the third session. 18. A delegation speaking on behalf of a regional group of countries reiterated its commitment to resolution 26/9 and stressed that transnational corporations could not operate in a legal void. According to that group, setting clear standards would provide a level playing field and predictability. For the group, the work undertaken during the sessions was complementary to the work on private military and security companies, environmentally sound management of hazardous wastes and illicit flows. Therefore, they stressed the need to regulate the operations of transnational corporations and other business enterprises in a uniform manner. 19. Many delegations voiced their support for establishing a legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. While recognizing that business could and did have a positive impact on human rights, especially with respect to economic development, several delegations, including a regional group, and non-governmental organizations (NGOs) stated that companies had undermined human rights and contributed to adverse human rights impacts with impunity. Efforts to address that accountability gap had been ongoing for over 40 years with little success. 20. Delegations recognized that initiatives such as the Guiding Principles had been a large step forward, but found that soft law instruments and voluntary principles had not been enough; a mandatory regulatory framework was needed to ensure accountability and access to justice. Creating a legally binding instrument would be complementary to, and not in opposition to, the Guiding Principles. Legal lacunae in the Guiding Principles could be addressed with international obligations, and certain aspects of the Guiding Principles should be made mandatory. 6