Today, ICAR is pleased to release 5 short interventions to the Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises.
Cumulatively, our submissions:
- urges the OEIWG to adopt a broad interpretation of “transnational character” and issue a statement that it understands its mandate to be the negotiation of an international binding instrument that includes all enterprises that engage in transnational commerce or whose operational activities singularly or cumulatively have a substantial effect on transnational commerce and includes locally registered businesses under locally relevant law.
- urges the OEIWG to develop an international binding instrument that encourages the use of extraterritorial jurisdiction to prevent and remediate business-related human rights abuses.
- urges the OEIWG to complement NAPs processes and national efforts to implement business and human rights frameworks, including the UNGPs; and provide a dedicated monitoring and review process to track measures undertaken to date, and gaps therein.
- urges the OIEWG to explicitly acknowledge the many barriers involved in accessing remedy for business-related human rights harms and develop a binding instrument that prioritizes removing legal and practical barriers to remedy.
- urges the OEIWG to use its opportunity to pursue agreement on common human rights standards and due diligence processes, ensure policy coherence by harmonizing international approaches, and focus on securities laws, conditioned benefits, and investment as vehicles for embedding due diligence principles in State action.