A/HRC/34/47
128. Some NGOs noted that the binding instrument must remove obstacles blocking
access to remedy in host and home States and should require States to abolish the corporate
veil. The treaty should further oblige States to provide for civil and criminal liability and
for appropriate redress in cases of corporate abuse of human rights. In such cases, the treaty
should require a comprehensive approach to redress, and remedies should be culturally
appropriate and gender sensitive. Some NGOs suggested drawing on existing sources of
analysis of regional and international mechanisms, including the Special Rapporteur on
violence against women, its causes and consequences and the Special Rapporteur on the
rights of indigenous peoples. Finally, the binding instrument should also include an explicit
guarantee that the application of any agreement or non-judicial mechanism did not interfere
with the right to judicial remedies.
V. Recommendations of the Chair-Rapporteur and conclusions
of the working group
A.
Recommendations of the Chair-Rapporteur
129. Following the discussions held during the session, and acknowledging the
different views and suggestions on the way forward, the Chair-Rapporteur makes the
following recommendations:
(a)
A third session of the working group should be held in 2017, in
accordance with resolution 26/9, in particular operative paragraph 3;
(b)
Informal consultations with Governments, regional groups,
intergovernmental organizations, United Nations mechanisms, civil society and other
relevant stakeholders should be held by the Chair-Rapporteur before the third session
of the working group;
(c)
The Chair-Rapporteur should prepare a new programme of work on the
basis of the discussions held during the first and second sessions of the working group
and the informal consultations to be held, and present that text before the third
session of the working group for consideration and further discussion thereat.
B.
Conclusions of the working group
130. At the final meeting of its second session, on 28 October 2016, the working
group adopted the following conclusions, in accordance with its mandate established
by resolution 26/9:
(a)
The working group welcomed the opening message of the United Nations
High Commissioner for Human Rights and thanked Mr. Sachs for serving as keynote
speaker. It also thanked a number of independent experts and representatives who
took part in panel discussions, and took note of the inputs received from
Governments, regional and political groups, intergovernmental organizations, civil
society, NGOs and all other relevant stakeholders;
(b)
The working group welcomed the recommendations of the ChairRapporteur and looked forward to the informal consultations ahead of, and the new
programme of work for, its third session.
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