A/HRC/43/55
vulnerabilities. Some delegations suggested adding reference in that paragraph to sexual
orientation and gender identity and to internally displaced persons. Other delegations
recommended adding an open-ended phrase to the list, such as “and others” or “and other
vulnerable groups”, to make it clear that the list was non-exhaustive.
29.
Several delegations approved of the inclusion in the preamble of the reference to the
Guiding Principles on Business and Human Rights.
30.
Some delegations questioned whether it made sense to single out the ILO Violence
and Harassment Convention, 2019 (No. 190) in its own paragraph, given that all eight
fundamental ILO Conventions were already referenced in a previous paragraph.
31.
One delegation questioned the rationale for including references to international
humanitarian law and international human rights law in the final preambular paragraph, when
the paragraph could simply refer to international law in general. Other delegations suggested
removing the reference to international humanitarian law, considering it more appropriate to
focus on human rights law. However, that suggestion was challenged by two delegations and
two experts.
32.
Several delegations and organizations suggested including other references in the
preamble, such as to the Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law; the 2030 Agenda for Sustainable
Development and the Sustainable Development Goals; the capacity of business to foster
economic well-being, development, technological improvement and wealth; and climate
change. Additionally, at least one delegation and several non-governmental organizations
called for greater focus in the preamble on the gender dimension.
33.
Many delegations focused on the need for clearer language in article 1, with some
delegations arguing that the article unreasonably expanded the scope of the legally binding
instrument beyond transnational harm.
34.
Some delegations voiced doubts over the definition of “victims” in article 1 (1),
questioning whether its inclusion was necessary. If the definition were to remain, some
delegations and organizations called for more precision, particularly with respect to how a
“victim” could be determined and the distinction between victims and alleged victims. A few
delegations also stressed the need to differentiate between genuine victims and those bringing
unjustifiable claims, and questioned the extent to which “victims” included immediate family
members or dependents. One delegation suggested removing the phrase “individually or
collectively” from the text, believing it to be redundant. Some non-governmental
organizations proposed changing the term “victims” to “affected populations” or
“complainants”.
35.
Much of the discussion on article 1 centred on the definition in article 1 (2) on “human
rights violation or abuse”. There were several calls for more precision. Some argued that the
provision was far too broad, as it covered “any harm” against “any person”. Others
questioned what level of harm had to be present to constitute a human rights abuse or
violation. There were multiple calls for greater consideration of the distinction between
“violation” and “abuse”, with a few delegations suggesting that the revised draft refer only
to “abuses” throughout the document. Another delegation and a non-governmental
organization suggested defining “abuse” and “violation” separately. Some delegations
proposed removing the reference to the “State”, since the instrument focused on transnational
corporations and other business enterprises. There were calls to clarify or remove the
references to “emotional suffering” and “economic loss”. Additionally, a number of
delegations proposed removing the reference to “environmental rights”, with two delegations
requesting clarification of the meaning of that term. However, some non-governmental
organizations insisted on retaining the reference to “environmental rights” and recommended
adding an explicit reference to economic, social and cultural rights.
36.
Although many delegations praised the expanded scope of the revised draft legally
binding instrument, some delegations called for the definition of “business activities” in
article 1 (3) to be restricted to transnational corporations. One delegation suggested reverting
to the definition contained in the zero draft of “business activities of a transnational
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