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).
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