A/HRC/43/55 I. Introduction 1. The open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, established by the Human Rights Council in its resolution 26/9 of 26 June 2014, was mandated to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises with respect to human rights. 2. The working group’s fifth session, which took place from 14 to 18 October 2019, opened with a statement from the United Nations Deputy High Commissioner for Human Rights. She congratulated the Chair-Rapporteur on the release of the revised draft legally binding instrument, which provided a solid basis on which to commence substantive negotiations. For her, a future treaty could help ensure effective prevention, protection and remedy for those subjected to business-related human rights abuses, just as it could help to open up more sustainable, equitable and inclusive development. She recalled that businessrelated human rights abuses impacted different groups of people and rights holders differently, and some disproportionally. In that context, she mentioned that a business and human rights treaty was not a cure, but it could and must be part of the solution. She welcomed the recent positive legislative trends in many jurisdictions, while taking note of the diversity of views regarding the treaty, which she considered essential for the outcomes of the process of implementing Council resolution 26/9. She reminded participants that the High Commissioner urged everyone to recall that the Guiding Principles on Business and Human Rights and the new treaty could and should be mutually reinforcing and complementary. In that sense, she recalled that the Guiding Principles themselves called for States to consider a smart mix of measures, including relevant and meaningful legal developments at the international, regional and national levels. The High Commissioner saw the potential of the treaty process to deliver enhanced protection of human rights in the context of business activities, and most importantly to improve accountability and access to effective remedy for those harmed by business activities. The Deputy High Commissioner stressed that the treaty process should not be used to undermine or stop action on the implementation of the Guiding Principles, at least until such time as a stronger normative framework was in place. She recalled the work of the Office of the United Nations High Commissioner for Human Rights (OHCHR) on the Accountability and Remedy Project, noting that the outcomes of the project could already be used to improve access to Statebased remedial mechanisms, and recommended that members of the working group use its outcomes as a helpful resource during negotiations. Additionally, she highlighted the record number of civil society representatives present at the session and their key role in the process. She also commended the invited experts for offering their independent advice during the session. Lastly, she stressed the urgency that the High Commissioner felt for that important work and therefore encouraged all stakeholders to engage constructively and work collaboratively during the forthcoming session. II. Organization of the session A. Election of the Chair-Rapporteur 3. The Permanent Representative of Ecuador, Emilio Rafael Izquierdo Miño, was elected Chair-Rapporteur by acclamation following his nomination, on behalf of the Group of Latin American and Caribbean States, by the delegation of Nicaragua. B. Attendance 4. The list of participants, the list of experts and the summary of statements by experts are contained in annexes I, II and III, respectively. 2