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Thursday, January 23, 2025

In December 2024, during the 10th session of the Intergovernmental Working Group (IGWG) on Transnational Corporations and Other Business Enterprises with Respect to Human Rights, a delegation of ESCR-Net members convened in Geneva to advocate for a legally binding treaty to regulate corporate power. This effort aimed to address significant concerns about corporate accountability and corporate capture in the treaty negotiations, while ensuring that the voices of affected communities were central to the discussions.

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Activists displaying a sign to challenge corporate power and demand justice. Photo @Angel Amaya
Key Contributions and Advocacy Efforts

ESCR-Net members delivered critical messages to ensure the treaty includes robust provisions for corporate accountability. Shohel Hajong, from the Asia Indigenous Peoples Pact (AIPP) emphasized the impact of corporate projects on Indigenous Peoples in a general statement on behalf of the Network, AIPP, FIAN International, and Feminists For a Binding Treaty (F4BT). These projects threaten fundamental rights, including the right to self-determination and Free, Prior, and Informed Consent. “Indigenous Peoples are being evicted from their ancestral lands and territories, which is not only a violation of their rights to lands, territories, and resources but also weakens Indigenous women’s roles in resource conservation and management, including sustainable food systems,” he stated.

Martha Devia Grisales from Comité Ambiental en Defensa de la Vida, in a joint statement with ISHR, Asia Forum, and Franciscans International, stressed the urgent need for binding regulations: “After ten years of negotiations, we believe more than ever that binding rules and better regulations of business are essential. This is particularly urgent in the context of the triple planetary crisis and situations of conflict where corporate impunity is the norm. We also see an increase in criminalization, harassment, and intimidation of human rights defenders, particularly those fighting against corporate interests and protecting the environment.”

Building on these points, Juana Toledo of the Consejo de Pueblos Maya Wuxhtaj highlighted the profound impact of the negotiations: “This 10th negotiation of the treaty on human rights and business has taken an important turn. There is hope and paths forward. The struggle of the peoples who have suffered death, dispossession, and evictions from their territories has not been in vain. We must continue fighting for the rights of human beings and Mother Earth. We must stop corporate capture, a murderous system that is destroying human life, trees, animals, and water on Mother Earth. States and civil society worldwide must remain firm until this treaty is approved to end corporate impunity.”

Addressing Corporate Influence

Dominic Renfrey of the Center for Constitutional Rights highlighted a major concern: corporate influence within the working group. He pointed out the clear conflict of interest, explaining, “Representatives of weapons manufacturers remain active in the activities of the working group, despite their clear conflict of interest. Since the beginning of Israel’s genocidal campaign against Palestinian residents of Gaza, at least ten members of the United States Council for International Business (USCIB) have made significant profits selling arms to the State of Israel.”

Marta Ribera Carbó from Observatorio DESCA further addressed the issue of corporate capture, stating, “Corporate capture of international and national governance is driving ongoing corporate impunity. We cannot expect corporations to voluntarily subscribe to their own prosecution nor could we expect that they are able to legitimately participate in setting the parameters of their own accountability. That is a clear conflict of interest.”

Demands for the Treaty

ESCR-Net members outlined several key demands to strengthen the treaty:

  • Strong Legal Provisions: The treaty must require states to establish a comprehensive system of legal liability for business enterprises that cause or contribute to human rights abuses. This is essential to close the gap in international law that allows corporate actors to evade responsibility for violations, as highlighted in cases such as the Brumadinho dam disaster in Brazil, where corporate negligence led to significant environmental and human harm.
  • Elimination of Corporate Capture: The treaty should include safeguards to prevent corporate interference in public policy. Drawing lessons from the World Health Organization’s Framework Convention on Tobacco Control, ESCR-Net members advocate for similar protections to ensure that decision-making processes remain free from undue corporate influence, as corporate capture has been a major obstacle in achieving accountability.
  • Primacy of Human Rights: States must reaffirm the primacy of human rights over commercial interests. The treaty should ensure that human rights obligations take precedence over trade and investment agreements, thereby protecting communities from exploitative corporate practices that undermine fundamental rights.
Next Steps for Collective Action

Looking ahead, ESCR-Net’s Corporate Accountability Working Group (CAWG) will play a crucial role in shaping the treaty through continued advocacy and strategic engagement. The group plans to reconvene to strategize on next steps, including contributions to upcoming intersessional meetings. These meetings are critical for shaping the treaty, with thematic consultations on key articles such as victims’ rights, access to remedy, and legal liability. The group will continue to engage actively to ensure the treaty reflects the voices and demands of civil society.