A/HRC/34/47
C.
Documentation
6.
The working group had before it the following documents:
(a)
Human Rights Council resolution 26/9;
(b)
The provisional agenda of the working group (A/HRC/WG.16/2/1);
(c)
Other documents, including a concept note, a programme of work, a list of
panellists and their curricula vitae, a list of participants, and contributions from States and
other relevant stakeholders, which were made available to the working group through its
website.1
D.
Adoption of the agenda and programme of work
7.
In her opening statement, the Chair-Rapporteur expressed gratitude for the renewed
trust placed in her as Chair-Rapporteur and pledged to maintain transparency and openness
to dialogue. In a context of large-scale outsourcing of production and global value chains
spanning different jurisdictions, international human rights must play a central role. The
initiative of a binding instrument was based on respect for the principles of fairness, legality
and justice, which should prevail for the benefit of all in the international context, and the
objective of the process was to fill gaps in the international system of human rights and to
provide better elements for access to justice and remedy for victims of human rights abuses
related to transnational corporations. That objective was in no way aimed at undermining
host States or the business sector, but was intended to level the playing field with regard to
respect for human rights.
8.
The Chair-Rapporteur presented the draft programme of work, which was adopted
as proposed.
9.
Jeffrey Sachs delivered a keynote message via videoconference, expressing support
for an international legally binding instrument under which transnational corporations could
be held accountable and their compliance with human rights standards could be promoted
and enforced. Noting that the most important locations for the enforcement of human rights
and access to remedy for victims were national judicial systems, he underlined the need to
incorporate international human rights into national legislation and to facilitate access to
justice. Citing weak enforcement of judgments as the biggest obstacle to achieving access
to justice, he stressed the international responsibility to honour judgments rendered,
including in developing countries, which were often hosts to transnational corporations.
Transnational corporations were more powerful than many Governments; therefore they
should be accountable and comply with human rights for the decent development of the
world economy. An international treaty could strengthen the capacity of Governments to
ensure remediation.
III. General statements
10.
State delegations acknowledged the work of the Chair-Rapporteur and the
transparent and inclusive process of consultation, as well as the flexibility demonstrated by
States and other relevant stakeholders in the preparation of the programme of work. They
recalled that many actors had struggled for more than 40 years to develop effective global
standards to hold companies accountable with respect to human rights.
1
4
www.ohchr.org/EN/HRBodies/HRC/WGTransCorp/Session2/Pages/Session2.aspx.
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