A/HRC/43/55
fourth session, particularly with respect to the development of an improved revised draft
legally binding instrument.
9.
Many delegations and non-governmental organizations recalled instances of business
involvement in human rights abuses where there had been no accountability or remedy for
those affected. Those incidents – many of which had involved environmental and human
rights defenders being killed or attacked, destruction of the climate and biodiversity,
pharmaceutical companies exploiting those in dire need of medicine, attacks on indigenous
peoples, and abuses in situations of armed conflict – were a powerful reminder of the need
for increased action to prevent and address business-related human rights harm.
10.
While several delegations shared developments made at the domestic level, such as
new or amended legislation and national action plans on business and human rights, most
emphasized the fact that international legal developments were needed to enhance the
protection and respect of human rights. On the international agenda, delegations cited several
objectives, including increasing legal certainty and predictability to help ensure a level
playing field; enhancing prevention and mitigation of business-related human rights abuse;
improving access to remedy for those harmed; closing existing gaps in protection and
international law; and increasing coordination among members of the international
community. Some delegations and many non-governmental organizations emphasized that
those efforts must focus on the people who had been, or were at risk of being, harmed in the
context of business activities, particularly those at heightened risk of vulnerability or
marginalization.
11.
Many delegations and non-governmental organizations welcomed the revised draft
legally binding instrument as an improvement on the zero draft. 4 Civil society, in particular,
emphasized welcome developments with respect to provisions on human rights defenders,
indigenous peoples, gender and conflict-affected areas. Some delegations and nongovernmental organizations thanked the Chair-Rapporteur for addressing their concerns with
the previous draft and for incorporating suggestions they had provided. However, most
delegations acknowledged there was still room for improvement in the revised draft. There
were many calls for more precise language and more concrete measures throughout the draft.
One delegation noted that implementing the revised draft, as currently presented, would
involve high costs, and questioned the added value of the instrument over the existing
Guiding Principles on Business and Human Rights.
12.
Much discussion focused on the need for the legally binding instrument to avoid
duplication of, and be consistent with, existing relevant standards and initiatives, such as
those emanating from the Human Rights Council and regional organizations, human rights
treaties, the Sustainable Development Goals, the OECD Guidelines for Multinational
Enterprises and chiefly, the Guiding Principles on Business and Human Rights. Many
delegations and organizations emphasized their support for the Guiding Principles and noted
how the revised draft was compatible with them and complemented them. Several
delegations noted welcome changes that indicated the stronger alignment of the revised draft
with the terminology and concepts used in the Guiding Principles, including the explicit
reference to them in the preamble. However, other delegations and organizations considered
that some parts of the revised draft diverged from the Guiding Principles and that there was
still room for closer alignment.
13.
Many delegations raised the issue of the relationship between the revised draft legally
binding instrument and development. It was recognized that transnational corporations and
other business enterprises played an important role in promoting development and attaining
the Sustainable Development Goals. Some delegations highlighted the fact that the aim of
the draft legally binding instrument was not to vilify business; rather, it should be seen as an
attempt to improve certainty and the conditions in which quality investments could be made.
While there were some references to development in the preamble, some delegations called
for increased emphasis on the development agenda in the text.
4
4
The zero draft of the legally binding instrument is available at
www.ohchr.org/Documents/HRBodies/HRCouncil/WGTransCorp/Session3/DraftLBI.pdf.
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