A/HRC/40/48 to be required under article 15 (12) regarding entry into force. One delegation also agreed with a panellist that a provision should be added to cover dispute resolution between States regarding the interpretation and application of the instrument. V. Presentation of the draft optional protocol 89. The Chair-Rapporteur, introducing the draft optional protocol, said that the text had been inspired by previous working group discussions, the views of experts and instruments such as the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It was to be a living document, subject to future developments and (potentially) future protocols. The protocol focused on access to justice for victims and provided for the ability to bring complaints at both the national and international levels. For that purpose, the provisions on the committee proposed in the draft instrument would be supplemented by the strengthening or establishment of national implementation mechanisms, which would have numerous competencies, such as the ability to receive complaints, recommend measures, propose legislative reforms and collaborate with and help bolster national institutions. VI. Panel: “The voices of victims” 90. Several participants mentioned instances of business-related abuses, particularly in relation to indigenous peoples, conflict-affected areas and human rights defenders. Several delegations and NGOs agreed with the panellists that the plight of victims needed to be addressed and that victims’ rights to access to justice and effective remedy should be ensured. Some delegations shared domestic laws and initiatives that could help the working group address those issues. A regional organization discussed its own set of regulations and directives, which included strong provisions for the access of victims to justice and remedies. All victims, it was noted, should enjoy the same rights and protections, but any legally binding instrument should also include provisions for groups of persons often disproportionately affected by abuses related to business activities, such as women, persons with disabilities, children, indigenous peoples and ethnic or religious minorities. Some NGOs said that it would be beneficial to address the needs of some disproportionately affected groups more effectively in the draft instrument. It was also advocated that the instrument as a whole should have a stronger gender perspective. A regional organization and several delegations noted that human rights defenders faced specific risks and that any form of retaliation against those who spoke out against abuse was completely unacceptable. It was suggested that States should generally increase protections in that respect, and that the instrument should include greater protections for human rights defenders. Several resources were cited, including the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, reports of the Special Rapporteur on the situation of human rights defenders, European Union laws and examples from national action plans on business and human rights. VII. Recommendations of the Chair-Rapporteur and conclusions of the working group A. Recommendations of the Chair-Rapporteur 91. Following the discussions held during the fourth session, and acknowledging the different views and suggestions on the draft legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises expressed therein, the Chair-Rapporteur makes the following recommendations: 17