A/HRC/34/47
15.
Another political group referred to the recommendation on human rights and
business recently adopted by its Committee of Ministers, which built on the Guiding
Principles, incorporating access to remedy and including additional guidance in relation to
particular vulnerable groups.
16.
One delegation noted that any legally binding instrument on transnational
corporations and human rights should address the challenges posed by conflict areas and
areas under occupation. The delegation indicated that its members were looking forward to
the results of the data-based project on businesses operating in the occupied territories (see
Human Rights Council resolution 31/36).
17.
Several delegations stressed the importance of a victim-centred approach and a focus
on access to remedies and reparations. Even if there were positive measures at the national
level to protect victims from human rights violations by transnational corporations, there
must also be measures, standards and mechanisms in a binding instrument at the
international level. Additionally, transnational corporations must fulfil existing binding
obligations relating to human rights in accordance with international law.
18.
One delegation noted that different national circumstances might need to be taken
into account while respecting and protecting human rights.
19.
Most NGOs concurred that any binding instrument must clearly establish the
obligations of transnational corporations to comply with environmental, health and labour
standards and international humanitarian law. It would need to outline the right of
individuals and affected communities to access to justice and include provisions for the
accountability of parent companies, protection of human rights defenders and the right to
self-determination.
20.
Several NGOs advocated that any treaty proposed should provide for international
implementation mechanisms and possibly an international tribunal. Ultimately, such an
instrument should allow States to regain policy space for the protection of human rights.
21.
NGOs warned against corporate capture in the negotiation of a binding instrument,
with States having the responsibility to act in the interests of their people and not in the
interests of transnational corporations. As an instructive example, reference was made to
the guidelines for the implementation of article 5 (3) of the WHO Framework Convention
on Tobacco Control, on protecting against interference by transnational corporations.
22.
Some NGOs called for gender perspectives to be mainstreamed in the instrument,
since human rights violations by transnational corporations might exacerbate pre-existing
inequalities and exert negative gender impacts. Gender perspectives also needed to be
included in assessments of the human rights impact of projects and activities planned by
transnational corporations, including with regard to problems faced by those who defended
the human rights of women.
IV. Panel discussions
A.
Panel I. Overview of the social, economic and environmental impacts
related to transnational corporations and other business enterprises
and human rights, and their legal challenges
23.
The first panellist noted that many transnational corporations had committed human
rights violations with impunity. Furthermore, international investment treaties had granted
rights to such corporations to bring claims against States for regulating in the public
interest. The situation could be remedied by a treaty that would hold transnational
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