A/HRC/40/48 D. Adoption of the agenda and programme of work 6. In his opening statement, the Chair-Rapporteur said that the draft instrument was the result of years of joint efforts. Its core aims are the protection against business-related human rights abuse, the elimination of impunity and access to justice for victims. The draft was based on discussions held during the working group’s first three sessions, as well as several consultations and more than 100 bilateral meetings held in 2018 with multiple stakeholders. He referred to legal gaps and noted that the obstacles faced by victims of business-related human rights abuse with respect to access to remedy had been clearly identified and could be addressed only by the adoption of a legally binding instrument. The current draft could and should be improved; thus, the Chair-Rapporteur wished for States to contribute constructively during the session. 7. The Chair-Rapporteur presented the draft programme of work and invited comments. As there were no comments by States, the programme of work was adopted. III. Opening statements A. Keynote speech 8. The keynote speaker, the Member of the French National Assembly, Dominique Potier, said that a new dawn for globalization, which should be based on the recognition of rights for all, was approaching. He called for a shift in the discourse, away from the idolization of markets and towards respect for human rights. The struggle for human dignity and the survival of the planet were part of the same battle. Drawing on the French experience in the field of business and human rights, he referred to three lessons that could inform the working group’s discussions. The first was the need to work in alignment with the Guiding Principles and avoid redefining parameters. Second, the discussion should be grounded in a realistic vision that could prompt international and national engagement. Third, defining the scope of companies to be regulated could be challenging; France had found success in a gradual approach. Prevention was key to any successful arrangement. B. General statements 9. Delegations congratulated the Chair-Rapporteur on his election, with many expressing their full support for his leadership.2 Many delegations also thanked the Chair delegation for the release of the draft legally binding instrument and the draft optional protocol in advance of the session, noting that the production of those documents represented a significant step in the process of the working group. Furthermore, several delegations recognized the importance of civil society as a driving force behind the process. 10. Several delegations and many non-governmental organizations (NGOs) reminded the working group of the multiple reasons for further developments in the field of business and human rights. General issues were raised, such as the unfair power imbalance between companies and rights holders, the growing power of companies vis-à-vis States, the increased scope of the rights granted to companies on the international stage without corresponding obligations and the lack of effective regulation in conflict and post-conflict settings. Specific types of abuse were also mentioned, such as the negligent exposure of children to toxic chemicals and the displacement and murder of indigenous peoples. Many delegations and NGOs saw those issues as evidence of gaps in the international legal order that had been brought on by globalization and should be filled with a legally binding instrument. 2 4 Copies of the oral statements made by States and observer organizations during the fourth session that were shared with the secretariat are available at www.ohchr.org/EN/HRBodies/HRC/WGTransCorp/Session4/Pages/Session4.aspx. A webcast of the entire session is available at http://webtv.un.org/.