A/HRC/43/55 14. Many provisions of the draft were addressed in the general statements. Several delegations welcomed the clear statement in the preamble stressing that the primary obligation to respect, protect, fulfil and promote human rights and fundamental freedoms lay with the State, and that States must protect against human rights abuse by third parties, including business enterprises. Some delegations and non-governmental organizations also welcomed the references in the preamble to international humanitarian law and situations of conflict, while noting that there was still room for stronger language. 15. Several delegations called for clearer definitions in article 1. It was noted that the definition of “victims” should be clearer regarding how it applied to alleged victims, relatives and those assisting victims. Some delegations and a business organization suggested that the definition of “human rights violation or abuse” was too broad and vague, and could conflict with the principle of legality. Several delegations and non-governmental organizations took issue with the term “contractual relationship”, noting that it could be interpreted to exclude important relevant business relationships. 16. Many delegations and organizations discussed the expanded scope of the revised draft of the legally binding instrument as compared to the zero draft. Some were of the view that the application of the instrument to all business activities exceeded the mandate of Council resolution 26/9, which referred to the regulation of “transnational corporations and other business enterprises” and in the preamble of which a footnote specified that “other business enterprises” denoted all business enterprises that had a transnational character in their operational activities, and did not apply to local businesses registered in terms of relevant domestic law. Other delegations suggested that, while the expanded scope was compatible with resolution 26/9, more focus was needed on transnational corporations in the legally binding instrument. However, most delegations and organizations welcomed the expanded scope in the revised draft, as they believed that it closed significant gaps in coverage of the legally binding instrument and enhanced rights holders’ access to justice. 17. Most other provisions of the revised draft legally binding instrument were briefly commented on in the general statements. Some delegations requested greater clarification in article 12 (6) on the relationship between the legally binding instrument and trade and investment agreements. Many non-governmental organizations insisted that the provision should be expanded to indicate clearly the primacy of human rights over such agreements. Additionally, delegations emphasized the need for an effective mechanism to ensure implementation of the legally binding instrument, although there was disagreement as to whether the committee referenced in article 13 was the best approach. 18. Some delegations and non-governmental organizations recommended potential additions to the text, including provisions addressing non-judicial mechanisms, data protection, customary international law and State-owned enterprises. Additionally, several non-governmental organizations requested that the text better reflect the gender dimension to business and human rights. 19. There were many calls for increased engagement in the process in the future. A regional organization called for greater cross-regional support from developing and developed countries to ensure the success of the process. However, that organization reserved its position on the revised draft legally binding instrument, noting that it needed to obtain a formal negotiating mandate before being able to fully engage on the content of the instrument. Many other delegations committed to engage on the substance and participate in direct substantive intergovernmental negotiations during the session. IV. Negotiation of the revised draft legally binding instrument5 20. During each session of the negotiation of the revised draft instrument, the ChairRapporteur introduced the relevant article or articles. After his introduction, experts provided 5 The present section should be read in conjunction with the revised draft instrument, available at www.ohchr.org/Documents/HRBodies/HRCouncil/WGTransCorp/OEIGWG_RevisedDraft_LBI.pdf. 5