A/HRC/34/47 11. One regional group emphasized that transnational corporations and other business enterprises, through the global reach of their operational activities, had social and political impacts disproportionate to their legal and social obligations, nationally and internationally. While recognizing that some positive measures had been implemented nationally and regionally, the group posited that in order to promote global compliance with a uniform standard, action must be initiated to develop an international legally binding instrument. That would be an effective response to many of the issues arising in the context of the widely perceived inequality in rights and obligations that existed between transnational corporations and other business enterprises and victims of business-related human rights abuses; the same point was subsequently reiterated by other delegations and nongovernmental organizations (NGOs). Violations of human rights by such entities, for example in the areas of child labour, environmental degradation and decent work and wages, affected marginalized and impoverished groups disproportionately and exacerbated existing human rights concerns. The group stated that it remained committed to the letter and spirit of Council resolution 26/9 and encouraged the Chair-Rapporteur to prepare a draft negotiating text for the next session, based on the deliberations carried out to date and her own initiatives in that regard. 12. Some delegations asserted that a legally binding instrument was needed in order to redress the current imbalance between the progressive recognition of rights on the one hand, and the economic and political guarantees extended to transnational corporations on the other. Without corresponding obligations for corporations to respect human rights, rights were being undermined. 13. Many delegations stressed that business enterprises could support the economy and contribute to development while respecting human rights, such as the right to development, including access to public services. It was noted that constructive dialogue in the process towards an international legally binding instrument was essential. Some delegations expressed support for the Guiding Principles on Business and Human Rights and their implementation through national action plans. Many delegations recognized that the Guiding Principles and the mandate of the working group were mutually reinforcing, both representing positive steps towards the protection of human rights. Some delegations mentioned that the working group’s mandate did not duplicate other efforts at the international level. 14. The European Union noted with appreciation that the programme of work, which was a result of compromise and flexibility, provided the reassurance that the process did not undermine the much needed continued implementation of the Guiding Principles. The programme of work widened the scope of the working group beyond transnational corporations so that the discussion could also cover all other enterprises. The European Union also noted with appreciation that agreement had been found on the programme of work for the second session, allowing it to participate. It stressed the importance of including civil society organizations, trade unions and the private sector in the deliberations. The representative reminded the international community that more remained to be done to prevent abuses in connection with activities by transnational corporations and other business enterprises and to enable access to remedy when abuses occurred, and referred to the mobilization carried out by civil society and human rights defenders worldwide on those issues. In line with the earlier concern expressed by the European Union that the working group had been established without other options, including the use of existing United Nations forums, having been considered, the representative emphasized that the international community needed to respond in a responsible and effective manner. In that connection, one State delegation called for the implementation of the guidelines for multinational enterprises published by the Organization for Economic Cooperation and Development (OECD). 5

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