A/HRC/43/55
VII. Recommendations of the Chair-Rapporteur and conclusions
of the working group
A.
Recommendations of the Chair-Rapporteur
101. Following the discussions held during the fifth session, and acknowledging the
different views, comments and concrete textual suggestions on the revised draft legally
binding instrument to regulate, in international human rights law, the activities of
transnational corporations and other business enterprises expressed therein, the ChairRapporteur makes the following recommendations:
(a)
That the Chair-Rapporteur invite States and other relevant stakeholders to
provide to the Secretariat their concrete textual suggestions on the revised draft legally
binding instrument presented during the fifth session of the working group, no later
than 30 November 2019;
(b)
That the Secretariat prepare a compilation of the concrete textual suggestions on
the revised draft legally binding instrument presented during the fifth session of the
working group and provided before the deadline indicated in subparagraph (a), to be
made available no later than the end of December 2019, and to be included as an annex
to the present report. Additionally, the Secretariat would prepare a compilation of the
written statements from States delivered during the fifth session of the working group,
also to be made available no later than the end of December 2019, and to be included as
an additional annex to the present report;
(c)
That the Chair-Rapporteur invite States and other relevant stakeholders to
submit their additional textual suggestions on the revised draft legally binding
instrument no later than the end of February 2020;
(d)
That the Chair-Rapporteur invite and encourage regional and political groups,
intergovernmental organizations, national human rights institutions, civil society
organizations and all other relevant stakeholders, as appropriate, to organize
consultations at all levels, including in particular at the regional and national level, with
a view to exchanging comments and inputs on the revised draft legally binding
instrument;
(e)
That the Chair-Rapporteur invite a group of experts from different regions, legal
systems and fields of expertise to provide independent expertise and advice in relation
to the preparation of the second revised draft legally binding instrument, in accordance
with operative paragraph 6 of Human Rights Council resolution 26/9;
(f)
That the Chair-Rapporteur prepare a second revised draft legally binding
instrument on the basis of the discussions held during the fifth session of the working
group, of the annexes to the present report, of the submissions referred to in
subparagraph (c) and of the informal consultations to be held, and present the second
revised text no later than the end of June 2020, for consideration and further discussion;
(g)
That the Chair-Rapporteur, when presenting the second revised draft legally
binding instrument, also prepare a document containing an outline of the key issues and
a structure of the revised draft which could serve as a tool to assist direct negotiations;
(h)
That the Chair-Rapporteur promote State-led direct substantive
intergovernmental negotiations on the preparation of a third draft legally binding
instrument during the working group’s sixth session, to be held in 2020, on the basis of
the second revised draft referred to in subparagraph (f), in order to fulfil the mandate
of Human Rights Council resolution 26/9. The format of the sixth session should be
organized in a manner that allows different stakeholders to present their views
regarding the draft legally binding instrument;
(i)
That the Chair-Rapporteur hold comprehensive and periodic informal
consultations with Governments, regional and political groups, intergovernmental
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