Call for Experts on a Road Paved With Consultations: "Roadmap Towards the 10th Session of the Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises With Respect to Human Rights"

 

Pix Credit here (Egyptian-Hittite Peace Treaty)

 

The  open-ended intergovernmental working group on transnational corporations and other
business enterprises with respect to human rights (OEIGWG) continues its now decade long march toward the incarnation of its vision for the control of the human rights effects of economic activity through the forms of traditional international law.  The OEIGWG has now produced a  "Roadmap Towards the 10th Session of the Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises With Respect to Human Rights. My thanks to the incredible Linda Wood (Change the Law) for making this available.

On behalf of the Chair-Rapporteur of the open-ended intergovernmental working group (IGWG) on transnational corporations and other business enterprises with respect to human rights, we are pleased to transmit thereby the updated version of the roadmap towards the 10th session. The call for nominations of legal experts (electronic form to fill) has been published, with a deadline of 14th June 2024. More information (including both documents) can be found here.

The text of that Roadmap follows below including its proposed calendar of activities leading up to  the 10th Session. Among the Roadmap's most interesting features is the call for nominations of legal experts to help manage proposed intersessional and inter-regional thematic consultations:

That the Chair-Rapporteur convene intersessional, interregional thematic consultations to discuss the draft LBI, in line with the mandate established by HRC in its resolution 26/9, with the assistance of at least five legal experts. The selection of the experts should be suggested by the OHCHR. The experts should represent different legal systems, their selection should aim at geographical and gender representation and the regional coordinators should be informed of the selection in a timely manner. (Roadmap).

The call for expert nominations (also following below) explains qualifications and expectations:

Nominated experts should have relevant expertise and established competence related to business and human rights and the issues covered by the draft legally binding instrument. As indicated in paragraph 31(e) of the report on the 9th session, the legal experts should represent different legal systems and their selection should aim at geographical and gender balance. As no financial resources are available for interpretation, the intersessional consultations will take place in English and the legal experts are therefore required to be fluent in English. (Nomination webpage HERE)

Nominations are due by 14 June 2024.  Please consider nominating someone. Please send any additional information or questions to ohchr-igwg-tncs@un.org. For more information, please visit the 10th session page of the OEIGWG: https://www.ohchr.org/en/hr-bodies/hrc/wg-trans-corp/session10

 legal experts for OEIGWG on TNCs and OBEs

In one of the recommendations of the Chair-Rapporteur of the 9th session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (OEIGWG on TNCs and OBEs), adopted by consensus at the end of that session, the Chair-Rapporteur recommended that the Office of the United Nations High Commissioner for Human Rights (OHCHR) provide suggestions for legal experts to assist with intersessional, interregional thematic consultations to discuss the draft legally binding instrument (A/HRC/55/59, para 31(e)).

Therefore, and on behalf of the Chair-Rapporteur, OHCHR is hereby issuing a call for nominations of such legal experts to serve in their personal capacity.*

Nominated experts should have relevant expertise and established competence related to business and human rights and the issues covered by the draft legally binding instrument. As indicated in paragraph 31(e) of the report on the 9th session, the legal experts should represent different legal systems and their selection should aim at geographical and gender balance. As no financial resources are available for interpretation, the intersessional consultations will take place in English and the legal experts are therefore required to be fluent in English.

In that regard, those persons interested are kindly requested to please submit their nominations through this form by 14 June. A new form should be completed for each nomination. Please send any additional information or questions to ohchr-igwg-tncs@un.org.

For more information, please visit the 10th session page of the OEIGWG: https://www.ohchr.org/en/hr-bodies/hrc/wg-trans-corp/session10

* Please note that this role is on a voluntary basis – it is not compensated and does not establish an employment relationship with the United Nations or any other entity.

Required

1.Full name

2.Email address

3.Phone number (with country code)

4.Affiliation of the nominee (e.g., title and organization)

5.Indication of the legal system(s) with which the nominee has expertise

6.Nationalities of the nominee

7.Gender of the nominee

8.Evidence demonstrating the substantive legal expertise of the nominee related to business and human rights and the issues covered by the draft legally binding instrument. 

If the nominee has published materials demonstrating their expertise, please share the most significant and relevant published books, articles, journals and reports that the nominee has written or public statements, or pronouncements, that the nominee has made (if there is no open access online, please share as attachments  at ohchr-igwg-tncs@un.org). If published materials are lacking, please explain the basis of expertise in a short description (a maximum of 500 words).

9.Indication and explanation of any (a) factors that could either directly or indirectly influence, pressure, threaten, or otherwise affect the nominee’s ability to act independently,* and (b) reasons that could call into question the nominee’s moral authority and credibility.

* This could include holding decision-making positions or legal representation in Government or in any other organization or entity which may give rise to a conflict of interest with the responsibilities inherent in this role as legal expert.

 

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ROADMAP TOWARDS THE 10th SESSION OF THE OPEN-ENDED INTERGOVERNMENTAL WORKING GROUP ON TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES WITH RESPECT TO HUMAN RIGHTS

Geneva, May 2024

Paragraph 31 of the Report on the ninth session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (A/HRC/55/59) contains the following relevant recommendations adopted by consensus:

• (c) That due consideration be given to presenting a procedural decision to the Human Rights Council (HRC) to request the additional human and financial resources necessary to move the process forward, in line with the mandate established by the HRC in its resolution 26/9, and to enhance the support capabilities in the area of business and human rights within the Office of the United Nations High Commissioner for Human Rights (OHCHR), for the work on the legally binding instrument (LBI).

• (d) That the Chair-Rapporteur hold consultations during the intersessional period, with the support of the friends of the Chair, on a methodology to advance more effectively the process for the elaboration of the LBI, in line with the mandate established by the HRC in its resolution 26/9, and ensuring the broadest possible interregional support for the process.

  •(e) That the Chair-Rapporteur convene intersessional, interregional thematic consultations to discuss the draft LBI, in line with the mandate established by HRC in its resolution 26/9, with the assistance of at least five legal experts. The selection of the experts should be suggested by the OHCHR. The experts should represent different legal systems, their selection should aim at geographical and gender representation and the regional coordinators should be informed of the selection in a timely manner.

• (f) That the Chair-Rapporteur prepare a programme of work and present a methodology for the tenth session of the working group, to be held in 2024.

On 15 March 2024, during the 55th regular session of the HRC, the Chair- Rapporteur of the Working Group (IGWG), delivered a statement regarding the presentation of the abovementioned report, as well as his personal assessment of that session, followed by a proposed way forward to enhance the capacity

of Member States, together with other relevant stakeholders, to deliver on the mandate of HRC resolution 26/9. As part of that way forward and in full compliance with the recommendations adopted by consensus at the end of the 9th session, and in dialogue with the Friends of the Chair, the Chair-Rapporteur proposes the following activities to be held during 2024, in the intersessional period, until the holding of the 10th session (21-25 October 2024), and their respective tentative dates: