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My friend and colleague, the extraordinary Linda Wood has provided really quite useful resources for those of us who are interested in following the continuing work of the Open-ended Intergovernmental Working Group (OEIGWG) which holds the mandate to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises on which they have been working for the last decade.
This project is particularly important as parallel and quite different efforts to develop legal regimes for business compliance with expectations relating to human rights and sustainability have been ongoing in the European Union, the U.S. (sanctions based) and China (environmental and governance ESG regimes). The E.U. effort is the one most closely aligned this this effort but its current efforts at simplification of a complex system of layered compliance based structures is undergoing a simplification that may substantially alter the application of those rules (discussed in President Ursula von der Leyen's Remarks at Davos HERE, including links to the relevant EU documents).
And, as I have suggested before, the project encapsulates the frustration of some frm the stakeholder community about what for them was a near fatal set of flaws in the UN Guiding Principles for Business and Human Rights, accompanied by a strategic decision to support them as a wedge toward this law based project, and the conviction by others that the old Nor,s Project (see here) was indeed the better course and that a Treaty Project developed under cover of the UNGPs might succeed where the Norms project failed. (see eg here, here, and here). This is beside the critical point that while the text of a decade's work may serve best as a framework of some sort, it might serve less well as statutory text (other than as a invitation for that to let loose their techno-bureaucracies to create substance from the aggregated directives that, however supportive one wants to be, is in essence what the project reduces itself too (here on the Zero Draft as law)). And the treaty projects supporters would naturally disagree most strongly, as they have and for the reasons advanced since the project got underway in 2014, and reflected as well in the criticisms of the choices represented in the UNGP criticized almost from the time of the UNGP's endorsement. Of course these sorts of ideas take one out of the conversation, especially among those who are convinced otherwise and are driving the project. Fair enough--the treaty, at its core and a specifically framed legal project, is an ideologically driven political project, even if the core normative values may be more widely shared (here). For those who support it, the Treaty project may be the best contemporary expression of the premises and objectives represented in its text.
My sense is that given the commitment of the BHR intelligentsia and the interwoven collectives of civil society and public techno-bureaucracies, a legal project like this treaty project is inevitable and must run its course. It plays into much broader streams of development of advanced political and social relations that are driven toward the sort of public policy fulfilling premise around which all social relations must be bent, and that bending must be guided and led by interlocking public and private techno-bureaucracies wielding managerial authority through increasingly complex and interlocking regulatory frameworks. All of this, of course is prelude to what can only be perfected through technology--the construction of big data, generative descriptive and predictive programs that will be substituted for the human techno-bureaucrats to manage a system with an endless thirst for data, real time analytics and nuanced nudging techniques. And it is in this sense that I watch developments with great interest as each of these actors play their roles within a larger performative space to the development of which theirs is a critical contribution--assuming, of course, that they can fend off the oppositional forces and their countermeasures; and assuming as well that they are not sooner rather than later absorbed within the larger big-data analytics techno-revolution in managing humans.
The draft report on the tenth session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights may be accessed HERE.
Report on the tenth session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights may be accessed HERE.
The OEIGWG Chair-Rapporteur 2025 Roadmap updated 27 January 2025 follows below.
The dates of the intersessional thematic consultation have changed due to funding. The letter to that effect from the Office of the High Commissioner for Human Rights follows below. The issue appears to be the unsettled state of funding.
Links to recordings; 1st Meeting; 2nd Meeting; 3rd meeting; 4th meeting; 5th meeting; 6th meeting; 7th meeting; 8th meeting; 9th meeting (no recording available); 10th meeting
More information available one the OEIGWG website HERE.
.
Subject: planning of the intersessional thematic consultations towards the 11th session of the
Open-ended Intergovernmental Working Group (OEIGWG) on transnational corporations and
other business enterprises with respect to human rights
The Office of the United Nations High Commissioner for Human Rights presents its compliments to
all Permanent and Observer Missions to the United Nations Office in Geneva and all other relevant
stakeholders, and, on behalf of the Chair-Rapporteur of the Open-ended Intergovernmental Working
Group (OEIGWG) with the mandate to elaborate an international legally binding instrument to
regulate, in international human rights law, the activities of transnational corporations and other
business enterprises, has the honour to make reference to the Chair-Rapporteur’s recommendation
included in paragraph 29(d) of the report on the 10th session of the working group, “to present a
confirmed 2025 roadmap for the implementation of HRC Decision 56/116, including the holding of
intersessional thematic consultations for the purpose of discussing clusters of articles of the draft
legally binding instrument, in line with the mandate established by the Human Rights Council in its
resolution 26/9, with the assistance, as deemed necessary, of the legal experts”
.
Unfortunately, said calendar will be published at a later date, due to the ongoing lack of clarity within
the relevant offices of the United Nations Secretariat, linked to the availability of regular budget funds
for 2025, including for conference services across all OHCHR mandates.
Due to these circumstances and beyond the responsibility of the Chair-Rapporteur of the OEIGWG,
the first two thematic consultations which had been tentatively scheduled to take place during 13 to 14
February and 17 to 18 February 2025 have been postponed to 15 (afternoon), 16 and 17 April 2025.
Confirmation of the revised roadmap with the dates of the following consultations will be provided
progressively as soon as there is clarity concerning these issues.
The Office of the United Nations High Commissioner for Human Rights avails itself of this
opportunity to renew to the Permanent and Observer Missions to the United Nations Office in Geneva
and all other relevant stakeholders the assurance of its highest considerations.
Geneva, 27 January 2025
* * *
OEIGWG Chair-Rapporteur updated 2025 Roadmap1 for the implementation of
HRC Decision 56/116, including the intersessional thematic consultations
towards the 11th session of the Open-ended Intergovernmental Working Group
(OEIGWG) on transnational corporations and other business enterprises
with respect to human rights
• 14 March 2025: Presentation of the report of the 10th session of the OEIGWG to the 58th regular session of the Human Rights Council.
• 16 and 17 April: First intersessional thematic consultation, focused on: Article 4 (Rights of victims), Article 5 (Protection of victims), and Article
7 (Access to remedy).
• 3 and 4 June 2025 (tbc): Second intersessional thematic consultation, focused on: Article 6 (Prevention) and Article 8 (Legal liability).
• 5 and 6 June 2025 (tbc): Third intersessional thematic consultation, focused on: Article 9 (Jurisdiction), and Article 11 (Applicable law), as well
as Article 10 (Statute of limitations).
• 26 and 27 August 2025 (tbc): Fourth intersessional thematic consultation, focused on a final assessment of the discussion of Articles 4 to 11
and the possible proposals to be considered by the OEIGWG at its 11th session.
• 29 August 2025: Consultation on a proposed programme of work and methodology for the 11th session of the OEIGWG, and a proposed 2026
roadmap, including the intersessional thematic consultations towards the 12th session of the OEIGWG2
.
• 15 September 2025: Publication of the summary report of the intersessional thematic consultations mandated by HRC Decision 56/116.
• 6 October 2025: Publication of the revised programme of work and methodology for the 11th session of the OEIGWG; and publication of the
revised 2026 roadmap for the implementation of HRC Decision 56/116, including the intersessional thematic consultations towards the 12th
session of the OEIGWG3
.
• 15 October 2025: Briefings to regional groups on the 11th session of the OEIGWG.
• 20-24 October 2025: 11th session of the OEIGWG.
1 The implementation of this 2025 roadmap, and in particular the intersessional thematic consultations, are subject to the resources approved by the UNGA, of the PBI (Programme budget implications) linked to HRC Decision 56/116 for 2025 and allotment of resources given to UNOG and OHCHR for implementation for both staff and activities. All dates for consultations reflected in this document will be confirmed through the progressive publication of the respective formal invitation from the Secretariat of the OEIGWG.
2 A proposed programme of work and methodology for the 11th session of the OEIGWG and a proposed 2026 roadmap will be circulated in advance to facilitate the respective consultation.
3 The implementation of the 2026 and subsequent roadmaps will be subject to approval, by the UNGA, of the PBI linked to HRC Decision 56/116.
Methodology of the intersessional thematic consultations towards the 11th session of the OEIGWG:
• This methodology is conceived as a “living document”, subject to practical adjustments and improvements according to the developments of the intersessional thematic
consultations towards the 11th session of the OEIGWG, for which the Chair-Rapporteur remains open to receive any suggestions from States and observers, with a view to
enhance the implementation of HRC decision 56/116 and the achievement of the objective of HRC Resolution 26/9.
• Approximately two weeks prior to each intersessional thematic consultations, the Chair-Rapporteur will make available a short non-paper addressing the core elements of
the relevant article(s) and theme(s) under the respective cluster, based on the concrete comments, proposals and/or questions presented by States and non-State stakeholders
during the 10th session of the OEIGWG, including in particular the main areas of divergence.
• The non-paper will be prepared jointly between the Chair-Rapporteur and the legal experts, will be presented by the Chair under his responsibility, and will not have any
legal status, and will not replace the “Updated draft legally binding instrument with the textual proposals submitted by States during the ninth and tenth session” as the basis
for the negotiations. Such non-paper will only be conceived as “food for thought” to trigger focused discussions and allow a better understanding of the implications of
diverse language options identified during the 10th and former sessions.
• During the first day of each intersessional thematic consultation the Chair-Rapporteur will introduce the non-paper addressing the core elements of the relevant article(s)
and theme(s) under the respective cluster, taking into account the comments and proposals presented by States and observers during the 10th session of the OEIGWG,
including in particular the main areas of divergence.
• Following the introduction of the non-paper, the Chair-Rapporteur will request comments from States and other relevant stakeholders, on the non-paper addressing the core
elements of the relevant article(s) and theme(s) under the respective cluster. State delegations do not have a specific time limit for their interventions in this segment, but are
strongly encouraged to keep those interventions focused on comments on the non-paper, and additional or updated textual proposals on the most essential elements of each
provision that were not presented during the 10th session of the OEIGWG. Delegations from other relevant stakeholders, should limit their interventions to a maximum of 3
minutes for joint interventions, and 2 minutes for individual comments and textual proposals, with the same focused approach.
• At any moment of the intersessional thematic consultations, States and other relevant stakeholders may address specific questions to the legal experts, through the Chair-
Rapporteur, in relation to the non-paper and the core elements of the relevant article(s) and theme(s), including the main areas of divergence mentioned above. The Chair-
Rapporteur will require that responses and advice from the legal experts remain concise and technical, with a view to promote an inclusive, constructive, interactive and
effective dialogue among States, and to facilitate the understanding of the legal implications of the proposals, as well as the identification of possible elements of convergence.
• During the second day of each intersessional thematic consultation, according to the development of the first day, the Chair-Rapporteur may present proposal(s) with
language options with possible solutions to the divergences in the “Updated draft legally binding instrument with the textual proposals submitted by States during the ninth
and tenth session”, and identified during the first part of each intersessional thematic consultation, prepared with the assistance of legal experts, including, as appropriate,
legal sources justifying those options, for the consideration and discussion by the States and other non-State relevant stakeholders. Possible solutions to divergences will not
have any legal status, until the possible further consideration of those proposals by the OEIGWG at its next regular session.
• At least one month prior to the 11th session of the OEIGWG, the Chair-Rapporteur will make available a factual summary report of the intersessional thematic consultations,
with a view to inform and support that session of the OEIGWG, in accordance with the mandate of Decision 56/116.
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