In the Quest for a Draft of a Legally Binding International Instrument to Regulate Business and Human Rights: Second and third thematic consultations (3-5 June 2025)

 

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On the basis of Resolution 26/9 (2014), the Human Rights Council established an open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights. The mandate for the OEIGWG, buttressed by a cohesive and like minded group of supporters, was to elaborate an "international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises." This OEIGWG has sought to do with great vigor, in the process putting together an international network of people who, believing the necessity for legalizing a system of public mandatory human rights due diligence systems, have labored for more than a decade to produce a draft of something that appeals to them and their supporters.

Having come close to something that appears to have the characteristics of a finalized draft, the OEIGWG has been engaged through a set of close to final consultations:

At its 56th session, on 11 July 2024, the Human Rights Council adopted decision 56/116 to enhance the support capabilities of the OEIGWG, mainly through intersessional thematic consultations in Geneva for three years (2025-2027), with the assistance of the legal experts of the working group for the purpose of discussing clusters of articles of the draft legally binding instrument currently being negotiated in line with the mandate established by the Human Rights Council in its resolution 26/9. Before each session of the working group, the Chair-Rapporteur will make available a summary report of the thematic consultations with a view to inform and support that session.

In the Chair-Rapporteur’s recommendation included in paragraph 29(d) of the report on the 10th session of the working group, he committed “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”. (here).

The updated Chair-Rapporteur 2025 Roadmap and Methodology for implementation of HRD Dec 56-116 envisioned four thematic consultations to be completed before the start of the OEIGWG's 11th session.  he The first thematic consultation took place from 15 to 16 April in Geneva; the second was to take place in early June 2025. But just when things appeared to be coming together the UN encountered significant budgetary issues, issues substantial enough to threaten the planned events. 

However, the UN appears to have cobbled together enough money to hold the second and third thematic consultations (3-5 June 2025, Palais des Nations, conference room V)

The second and third thematic consultations will take place from 3 to 5 June 2025 in Geneva, in room V of the Palais des Nations (in person only). The second thematic consultation will focus on Article 6 (Prevention) and Article 8 (Legal liability), and the third thematic consultation will focus on Article 9 (Jurisdiction), and Article 11 (Applicable law), as well as Article 10 (Statute of limitations) if time permits, of the updated draft legally binding instrument with the textual proposals submitted by States during the ninth and tenth sessions of the OEIGWG. (here).

Documents for the sessions follow below. The current version of the Draft Treaty may be accessed HERE.

 


Documents for the second and third thematic consultations
Text of the updated draft legally binding instrument with the textual proposals submitted by States during the ninth and tenth sessions of the OEIGWG
Programme of work and methodology for the second and third thematic consultations
Non-paper on article 6 and 8 of the updated draft legally binding instrument
Non-paper on article 9, 10 and 11 of the updated draft legally binding instrument
Link to register to the second and third consultation through the Indico platform