A/HRC/43/55
their views,6 followed by a general debate. At the end of each session, the Chair-Rapporteur
provided some preliminary reflections and answers to several of the questions raised.
A.
Preamble and articles 1 and 2
21.
The Chair-Rapporteur noted that, in response to the contributions that had been
submitted, the preamble now included more explicit reference to international instruments
and standards, such as the Guiding Principles on Business and Human Rights and
international humanitarian law, as well as to human rights defenders and groups
disproportionately affected by business-related human rights abuses, such as women and
girls, children, indigenous peoples, persons with disabilities, migrants and refugees. He
emphasized how crucial the five definitions contained in article 1 were to understanding the
rest of the text, drawing attention to the new definitions of the terms “human rights violation
or abuse” and “contractual relationship”. He noted that there had been no significant changes
to article 2.
22.
It was noted that the preamble and articles 1 and 2 set a foundation for the whole
instrument, and there were calls for more precision in their formulation. Some delegations
called for greater reliance on the language of Council resolution 26/9, suggesting that the
revised draft make greater use of the term “transnational corporations and other business
enterprises” as defined in the resolution.
23.
One delegation proposed replacing all references to “business enterprises” in the
preamble with “transnational corporations and other business enterprises”. Another
delegation called for more consistency and accuracy throughout the preamble.
24.
A few delegations noted that the preambular paragraph recalling the nine core
international human rights instruments of the United Nations and the eight fundamental
Conventions of the International Labour Organization lacked flexibility and could potentially
be problematic for those States that had chosen not to ratify all of those instruments. It was
suggested that the more flexible language found in principle 12 of the Guiding Principles on
Business and Human Rights be adopted. Another delegation suggested employing a general
reference to “human rights instruments” throughout the preamble, instead of trying to list all
the relevant instruments. Additionally, one delegation proposed moving the reference to the
Universal Declaration of Human Rights to the first preambular paragraph, given the
importance of that document.
25.
Two delegations suggested merging the preambular paragraphs referencing Article 2
and Articles 55 and 56 of the Charter of the United Nations. Regarding the paragraph citing
Article 2 of the Charter, one delegation welcomed the emphasis on sovereign equality and
territorial integrity, whereas another delegation recommended adding a reference to the
principle of non-interference. Yet another delegation recommended simply referring to the
Declaration on Principles of International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of the United Nations, rather than
listing a subset of the principles referenced in that document.
26.
Regarding the preambular paragraph underlining the responsibility of all business
enterprises, one delegation proposed referring to “abuses” rather than “adverse human rights
impacts” to harmonize the text. A business organization noted a discrepancy between that
paragraph and the Guiding Principles on Business and Human Rights, as the paragraph
referred to “the responsibility to respect all human rights”, whereas the latter referred to the
responsibility to respect internationally recognized human rights.
27.
Several delegations and non-governmental organizations appreciated the reference in
the preamble to human rights defenders.
28.
Delegations had various suggestions with respect to the preambular paragraph
recognizing the distinctive and disproportionate impact of certain business-related human
rights abuses on different groups of people. One delegation recommended that it would be
more appropriate to refer to the groups’ situations of vulnerability rather than the groups’
6
6
See annex III for a summary of the statements made by experts.
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