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Wednesday, November 1, 2023
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IGWG 2023
Volker Türk, High Commissioner for Human Rights, delivered a video statement to open the 9th session of open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights.

From October 23rd to 27th, a delegation from ESCR-Net participated in the negotiations for a treaty to address human rights violations and abuses by corporations. These negotiations took place for the ninth consecutive year at the Human Rights Council in Geneva. The process, which faced moments of uncertainty during a challenging week, has persevered thanks to the determination of some states from the Global South, particularly those in the African group and some Latin American states, along with the concerted efforts of civil society.

Since its inception, this process, initiated through Resolution 26/9, has received strong support from states in the Global South, as well as from social movements, communities affected by the activities of corporations, and feminist and Indigenous Peoples groups.

Mary Kambo of the Kenya Human Rights Commission emphasized the pivotal role of civil society, stating, “This is a very important process. If civil society were not in the room, the behavior we have seen from States, especially those controlled by corporations, and also from the current chair, who can be easily influenced by powerful states and corporations, would be different. The presence of civil society in the room changes the game because everyone now knows that someone is watching.”

Additionally, the presence of business lobbies and associations, such as the International Organization of Employers (IOE), the International Chamber of Commerce (ICC), and the United States Council for International Business (USCIB), was described as the “Elephant in the room” by ESCR-Net. These groups have played a role in influencing the process and states from the Global North, particularly the United States and European Union, in their efforts to dilute and block key provisions related to corporate legal liability, accountability, and extraterritorial obligations of states to prosecute corporate actors responsible for violations and abuses.

Elephant in the room
Corporate capture refers to how an economic elite (or the privileged 1%) undermines the realization of human rights and the environment by exerting influence over domestic and international decision-making spaces, including the United Nations.

To address the issue of corporate capture, ESCR-Net organized a side event in which our members discussed strategies to end and resist corporate capture both within and outside the United Nations.

Watch the video recap of the side event about corporate capture. Panelists: Joseph Byomuhangyi — ISER Uganda; Mary Kambo — Kenya Human Rights Commission (KHRC) — Kenya; Wesam Ahmed — Al-Haq — Palestine; Brid Brennan — TNI — Netherlands; Guangchunliu Gangmei — Asia Indigenous Peoples Pact (AIPP) — Thailand. Moderator: Shayda Nacify (Corporate Accountability — US).

Joseph Byomuhangyi from ISER-Uganda highlighted the challenge posed by corporations with budgets larger than some countries, emphasizing their interest in the resources held by Indigenous communities, such as minerals and gold.

Throughout the week, the ongoing genocide in Palestine remained a significant concern, and civil society, including ESCR-Net members, expressed their solidarity.

“It must not be lost on the initial champions of this treaty process, including many in the African and Latin American group, that the same companies historically involved in the suffering of their people are developing interests today in the natural gas fields of the Mediterranean Sea, while arms manufactures are struggling to meet demand and new trade routes are being developed,” emphasized Wesam Ahmad from Al-Haq.

Ahmad stressed the importance of understanding the deep-rooted causes of corporate capture in different contexts and working on a global scale to address the role of transnational corporations and their impact on Indigenous Peoples worldwide.

In the face of the growing influence of corporations in the United Nations, Brit Brennan from the Transnational Institute underscored the need for resistance, stating, “When we ask ourselves what we can do about it, first and foremost, we have to reclaim our power. Sometimes we don’t reiterate it enough, but we absolutely need to because corporations are not just individuals in top hats having nice parties; they are highly organized.”

Guangchunliu Gangmei from the Asia Indigenous Peoples Pact (AIPP, Thailand) emphasized the importance of learning from indigenous initiatives and resistance to protect themselves from business operations and develop grassroots democracy models to strengthen their struggles against multilevel dispossession.

Side event about corporate capture
From left to right: Shayda Nacify (Corporate Accountability, US); Wesam Ahmed (Al-Haq, Palestine); Brid Brennan (TNI, Netherlands); Joseph Byomuhangyi (ISER Uganda); Mary Kambo (Kenya Human Rights Commission, Kenya); Guangchunliu Gangmei (Asia Indigenous Peoples Pact (AIPP), Thailand).

Calls for transparency were also notable during the negotiations. On the penultimate day, the chair’s unexpected proposal to dismantle the current process and initiate a new one caught civil society off guard. They swiftly mobilized against the proposal, ultimately opposed and rejected by countries from the Global South.

“We are happy with this year’s outcome of the negotiations following the strong organizing and participation of civil society against attempts by the Global North and business actors to water down the text of the draft treaty and kill the process,” said Marta Music of Feminists for a Binding Treaty, a coalition of over 30 human rights organizations, including ESCR-Net.

In preparation for next year’s 10th session, ESCR-Net will closely monitor how the chair’s recommendations are addressed, particularly regarding the establishment of thematic regional meetings and the selection of experts. Alongside our allies, including the Treaty Alliance and the Global Campaign to Dismantle Corporate Power, we will continue advocating for a process free from corporate capture and prioritizing the human rights of communities affected by corporate abuses and violations, as well as the human right to a clean and healthy environment.