Submission on scope of future treaty on business and human rights

Submission on scope of future treaty on business and human rights

This paper was prepared by the ICJ for the first session of the Open Ended Intergovernmental working Group on a Legally Binding Instrument on TNCs and other business enterprises, argues that all conduct by all types of business enterprises, whether local or transnational, should be addressed in the legally binding instrument.

The paper argues that business enterprises that do not have any or any significant transnational operations no doubt are capable of and in many instances have been responsible for human rights abuses no less serious in scale or severity than those of transnational businesses. The victims of human rights abuses committed directly or indirectly by businesses are unlikely to distinguish whether the business enterprise that causes them harm has transnational ownership or operations; nor are victims likely to excuse abuses they suffer from a “local” business simply because the entity lacks a transnational element.
Therefore, in principle all conduct by all types of business enterprises, whether local or transnational, shall be addressed in the legally Binding instrument. The footnote in the preamble should not be interpreted as limiting in any way the scope of possible discussions in the Intergovernmental Working Group or any analysis or recommendations that may be reported back to the Council on a future treaty.

Global-Report-ScopeBusinessTreaty-2015

Side event: legally binding instruments on business and human rights – European perspectives

Side event: legally binding instruments on business and human rights – European perspectives

This side event will take place on Thursday 19 March 2015, 12.00-14.00, at the Palais des Nations, Geneva, Room XXVII.

It aims at creating a space to discuss the EU agenda on Business & Human Rights, identifying current challenges and development, and exploring opportunities arising from the Treaty process.

Panelists:
Mons. Silvano Tomasi, Holy See, Permanent Observer
Mr. Jerome Bellion-Jourdan, Delegation of the European Union to the UN
Mrs. Elena Valenciano, European Parliament Sub-Committee on Human Rights, Chair
Mr. Richard Meeran, Leigh Day, Partner
Ms. Anne van Schaik, Friends of the Earth Europe, Economics and Justice Team
Moderation: Dr. Carlos Lopez, International Commission of Jurists, Senior Legal Adviser

Erope-Flyer side-event EU BHR perspectives-News-event-2015-ENG (ful text in PDF)

joint statement on reports by Independent Experts on Human Rights and the Environment and on Foreign Debt

joint statement on reports by Independent Experts on Human Rights and the Environment and on Foreign Debt

The ICJ supported a statement commenting on the respective reports by the Independent Expert on the Environment and Human Rights and the Independent Expert on Foreign Debt and its impact on Human Rights.

In the context of the Interactive Dialogue with the Independent Experts in the 28th Session of the Human Rights Council, Franciscans International and the Center of Concern, with the support of the ICJ, noted that the reports address, from different perspectives, a wide range of connections between the private sector and governments that many times result in human rights abuses.

The report by the Independent Expert on human rights and the environment, presented an encouraging set of good practices to mitigate environmental damage and its human rights impact.

The report by the Independent Expert on Foreign Debt and its impact on human rights highlighted the links between private lending and the abuses committed by authoritarian regimes.

This report will be followed by another report on applicable legal standards and analysis of whether additional international standards are needed.

Universal-Statement on BHR at HRC28-Advocacy-2015-ENG (full text in PDF)

NGOs call for UN Special Rapporteur on Privacy

NGOs call for UN Special Rapporteur on Privacy

The ICJ today joins with dozens of other NGOs from around the world in an open letter calling for the UN Human Rights Council to establish a Special Rapporteur on Privacy at its current session.

The UN General Assembly, the UN High Commissioner for Human Rights, existing special procedure mandate holders, and many states and civil society organisations have  recognized the pressing need to provide continuous, systematic and authoritative guidance on the scope and content of the right to privacy as enshrined in article 12 of UDHR and article 17 of ICCPR. Significantly, all of them have identified the need to assess and monitor the ongoing implementation of this right. The creation of a Special Rapporteur would fill this long-standing gap.

Although the initiative, led by Germany and Brazil, has its origins in concerns about online and telecommunications surveillance, the call is for the creation of a Special Rapporteur with a mandate to look at all aspects of the right to privacy, in all contexts, including issues relating to private sector practices.

HRC28-SRPrivacy-Advocacy-JointLetter-2015

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