Tuesday, September 05, 2017

Time to Draft a Treaty?: The Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights holds its Third session, 23-27 October 2017

(Pix © Larry Catá Backer 2017)


The IGWG (the Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights) will hold its Third session, 23-27 October 2017, in Geneva. This is an important session for the project of elaborating a treaty on business and human rights which lies at the heart of the mandate of the IGWG.

The first two sessions sought to gather information and views. The first session sought to frame the general approach to the project (e.g., Concept note proposed under the responsibility of the designated Chair, Ambassador María Fernanda Espinosa, Permanent Representative of Ecuador to the United Nations in Geneva) and presented its report to the Council at its thirty-first session (A/HRC/31/50).​ The second session sought to frame some of the core concept and principles that might find their way into the Treaty (Concept Note). The issues included extraterritoriality, the nature of the obligations of TNCs as a legal construct, the scope of any treaty, issues of remedy, the ecology of TNC operations, issues related to legalization projects of this nature, and issues of cooperation among states; (e.g., here). The IGWG presented its report to the Council at its thirty-fourth session in March 2016 (A/HRC/34/47).

This coming October, the IGWG will hold its Third Session. This is likely its most important meeting in terms of developing the final framework within which the specifics of the elaboration project will be framed.  Will there be a treaty draft produced or more likely the production of a document indicating the general approaches and objectives of such an instrument to be negotiated elsewhere and by others? "The Chairperson-Rapporteur . . .  is currently preparing elements for a draft legally binding instrument, taking into consideration the discussions held during the first two sessions. The third session of the working group will use these draft elements as a basis for substantive negotiations." (here).

The session is limited to states and their instrumentalities, appropriately accredited:
Only UN Member and Observer States, specialized agencies and other international organizations, national human rights institutions with "A status" accreditation, and NGOs with ECOSOC consultative status may attend and participate in the public meetings of the OEIGWG. Others may be able to access the public gallery or side events during the session. (HERE)

However, as has become the custom around major international public institutional and multilateral agreement meetings, the IGWG is encouraging side events. This post includes the Press Release for the Third Session as well as the notice for submitting proposals for side events.


SIDE EVENTS: 
Conference rooms XXII, XXIII, and XXVII are reserved for side events for the duration of the third session. Entities entitled to attend and participate in the public meetings of the OEIGWG may also make proposals for side events of relevance to the work of the OEIGWG. Please note that while we will do our best to accommodate all proposals, we remain subject to certain time and space limitations.

Please submit proposals for side events by 9 October 2017 through this online form.

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Subject: Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights. Third session, 23-27 October 2017, Geneva, Palais des Nations, Room XX

The Office of the United Nations High Commissioner for Human Rights (OHCHR) is happy to announce that the third session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (OEIGWG) will be held from 23-27 October 2017 in Room XX of the Palais des Nations in Geneva.

While the first two sessions of the OEIGWG were dedicated to conducting constructive deliberations on the content, scope, nature and form of a future international instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises, this third session will begin substantive negotiations on the draft elements of the instrument.

A new webpage dedicated to the third session has just been launched and is available at: http://www.ohchr.org/EN/HRBodies/HRC/WGTransCorp/Session3/Pages/Session3.aspx. Preliminary information concerning the third session, including instructions for accreditation, are currently on the page, and additional relevant documentation will be made available as soon as possible.

For any further details, please contact the OEIGWG Secretariat by phone at +41 22 917 9762 or by email at igwg-tncs@ohchr.org.

31 August 2017

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