It is with gratitude that we acknowledge that the organization of these commentaries, as well the first cut analysis has been prepared by Flora Sapio (Uni Naples).
Summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG
Flora Sapio
On 14 July 2014, the Human Rights Council created an Open-Ended Intergovernmental Working Group (OEIGWG) on Transnational Corporations and Other Business Enterprises with respect to human rights (OEIGWG). According to Resolution 26/9, the Working Group has 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.”
By “Other business enterprises” the Human Rights Council referred to all business enterprises having a transnational character in their operational activities. This designation does not apply to local businesses.
In establishing the OEIGWG, the Human Rights Council also decided that the first two sessions of the OEIGWG would be dedicated to conducting constructive deliberations on the content, scope, nature, and form of the future Treaty. Following deliberations, the Chairperson would prepare elements for the draft Treaty. Substantive negotiations on the Treaty would be held during the third session of the Working Group, based on the discussions held during the first two sessions.
The OEIGWG held its first session from 6 to 10 July 2015. A second session took place from 24 to 28 October 2016. Based on discussions held during the first two sessions, a third session was convened from 23 to 27 October 2017. During this session, the elements for the draft Treaty were discussed. Also, the OEIGWG requested the Chair-Rapporteur to complement the ongoing bilateral consultations with states and non-state stakeholders with informal consultations.
Following the third session, a Zero Draft of a Legally Binding Instrument (LBI) on Transnational Corporations (TNCs) and Other Business Enterprises (OBEs) was prepared by Ecuador. In July 2018 the Ministry of Corporate Affairs of India released the draft for public comments.
The Zero Draft of the Legally Binding Instrument (and a zero draft of an optional protocol to the binding instrument) formed the basis for a first round of substantive negotiations, held in Geneva from 15 to 19 October 2018. According to the program of work adopted by the OEIGWG, substantive negotiations saw experts, representatives of national states, transnational organizations, and NGOs comment on the Zero Draft.
In this and in following posts, I will be presenting summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG.
Article 1 – summary of discussions – Thursday 18 October 2018
Article 2 – summary of discussions – Monday 15 October 2018
Article 3 – summary of discussions – Wednesday 17 October 2018
Article 4 – summary of discussions – Wednesday 17 October 2018
Article 5 – summary of discussions – Thursday 18 October 2018
Article 6 – summary of discussions – Tuesday 16 October 2018
Article 7 – summary of discussions – Tuesday 16 October 2018
Article 8 – summary of discussions – Monday 15 October 2018
Article 9 – summary of discussions – Tuesday 16 October 2018
Article 10 – summary of discussions – Wednesday 17 October 2018
Article 11 – summary of discussions – Wednesday 17 October 2018
Article 12 – summary of discussions – Wednesday 17 October 2018
Article 13 – summary of discussions – Tuesday 16 October 2018
Article 14 – summary of discussions – Thursday 18 October 2018
Article 15 – summary of discussions – Thursday 18 October 2018