Transnational Corporations (TNCs)

Statement to 8th Session of OEIGWG on TNCs and OBEs, 24 October 2022

SOUTH CENTRE STATEMENT TO THE EIGHTH SESSION OF THE OPEN-ENDED INTERGOVERNMENTAL WORKING GROUP ON TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES

Human rights violations in the context of business operations, either directly by transnational corporations or through their supply chains, have disproportionately affected developing countries, as has been consistently highlighted in this OEIGWG.

A constructive participation from all members of the OEIGWG is necessary to achieve the mandate of HRC Resolution 26/9, that is, to establish a comprehensive and effective legally binding framework that can prevent the violation and abuses of human rights and provide effective remedies and access to justice individually or collectively for victims in those jurisdictions where the businesses are established.

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Online Policy Dialogue on the Impacts of ‘Multistakeholderism’ on Multilateral Governance, 2 June 2022

Online Policy Dialogue on the Impacts of ‘Multistakeholderism’ on Multilateral Governance

2 June 2022 | 14:30 – 16:00 CEST

The South Centre and the Transnational Institute, with the support of the Peoples’ Working Group on Multistakeholderism (PWGM), are co-organizing an online policy dialogue with developing countries’ representatives in Geneva and New York and civil society organizations to discuss the characteristic, impact and challenges that multistakeholderism brings to day-to-day multilateral governance.

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Research Paper 138, October 2021

Beyond Corporate Social Responsibility: Strengthening Human Rights Due Diligence through the Legally Binding Instrument on Business and Human Rights

by Daniel Uribe Terán

The discussion on the need for mandatory human rights due diligence (HRDD) requirements has permeated the interests of policy makers, civil society organizations and international organizations. The current trend on the adoption of domestic legislation concerning HRDD standards shows a variety of options and models that might serve as a step forward to the adoption of a strong international framework of corporate accountability and remedy for human rights violations in the context of business activities.

This research paper aims at identifying the elements that characterize human rights due diligence to find a possible common definition for its implementation. It does so through analysing current regional and State practice in the adoption of mandatory HRDD legislation in different sectors. Finally, it will discuss the principles that characterize the approach taken by the United Nations Open-ended Intergovernmental Working Group in charge of adopting a Legally Binding Instrument on transnational corporations and other business enterprises and how it could serve as an important cornerstone for modern rule making on the issue of business and human rights.

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Statement, 25 October 2021

South Centre Statement to the 7th Session of the Open Ended Intergovernmental Working Group on transnational corporations and other business enterprises with respect to human rights

The South Centre, as the intergovernmental organization of developing countries, has keenly followed the evolution of the process towards the adoption of a Legally Binding Instrument on transnational corporations and other business enterprises since its inception and over the various sessions of this Working Group.

We welcome the strengthening of the text of the draft LBI with contributions of State delegations and civil society organisations, particularly from the Global South. The third revised draft of the LBI being discussed this week reflects many of the comments and textual suggestions made in the previous sessions of the Working Group and streamlines the provisions for their effective implementation. The process now moves into a very important phase with State-led direct substantive intergovernmental negotiations and raises hopes for the adoption of the LBI in the near future.

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SC Webinar, 18 October 2021

Exploring synergies in multilateralism and human rights for a just, fair & equitable recovery from COVID-19

18 October 2021

15:30-17:00 CEST

Facilitated by the South Centre, this webinar is an opportunity for participants to exchange views and discuss how the Legally Binding Instrument on Transitional Corporations and Other Business Enterprises can support States’ efforts in other areas of the multilateral system towards enabling a just, fair, and equitable recovery after the COVID-19 pandemic.

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Publication on Designing an International Legally Binding Instrument on Business and Human Rights, July 2020

Designing an International Legally Binding Instrument on Business and Human Rights

By Daniel Uribe and Danish

The present document is substantially based on the background materials prepared by the South Centre (authored by Kinda Mohamadieh, Daniel Uribe, and Danish) for various sessions of the Open-Ended Intergovernmental Working Group on transnational corporations and other business enterprises with respect to human rights (OEIGWG), established by Resolution 26/9 of the Human Rights Council, held since 2015.

The objective of this document is to provide support material for State delegations and other stakeholders for the negotiation of a binding international instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. The document considers a number of issues and technical details that have been addressed during the different sessions of the OEIGWG.

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Policy Brief 68, October 2019

The Core Elements of a Legally Binding Instrument: Highlights of the Revised Draft of the Legally Binding Instrument on Business and Human Rights

By Daniel Uribe Terán

Discussions towards the adoption of a legally binding instrument on business and human rights have reached its fifth year. The Chairperson-rapporteur submitted the Revised Draft of the legally binding instrument on 16 July 2019, having in view the comments and proposals received until the end of February 2019. The present policy brief reviews the core elements of the legally binding instrument as they are proposed in the revised draft, with the aim to provide analytical support to States’ delegations and other stakeholders during the negotiations on the binding instrument. This brief examines a number of issues, concerns and legal aspects that have been addressed during the previous sessions of the Open-ended Intergovernmental Working Group (OEIGWG) on transnational corporations and other business enterprises with respect to human rights and how they have evolved going towards the 5th Session of the OEIGWG.

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Policy Brief 67, October 2019

Enhancing Access to Remedy through International Cooperation: Considerations from the Legally Binding Instrument on Transnational Corporations and Other Business Enterprises

By Danish

The shortcomings in international cooperation between regulatory authorities in different countries can open up a gap in their legal regimes which could be exploited by transnational corporations and allow them to elude responsibilities for the violation or abuse of human rights. The Revised Draft of the Legally Binding Instrument on Transnational Corporations and Other Business Enterprises seeks to bridge this gap and works towards increasing collaboration among countries for ensuring access to effective remedies for victims of human rights violations or abuses due to business activities. This brief looks at some of its salient features and how they can be utilized by countries for the protection and promotion of human rights in their territories.

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South Centre Quarterly Report, October-December 2018

South Centre Quarterly Report, 1 October to 31 December 2018

This report summarizes the programmatic activities of the South Centre during the period 1st October to 31 December 2018. It is intended to provide information, organized by Program and themes, about recent developments in the areas covered by the South Centre’s Work Program and publications made and meetings organized or co-organized by the Centre to examine particular issues or to provide analytical support for international negotiations taking place in various fora. It also informs about external conferences and other meetings where the Centre has participated.

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South Centre Quarterly Report, July-September 2018

South Centre Quarterly Report, 1 July to 30 September 2018

This report summarizes the programmatic activities of the South Centre during the period 1 July to 30 September 2018. It is intended to provide information, organized by Program and themes, about recent developments in the areas covered by the South Centre’s Work Program and publications and meetings organized or co-organized by the Centre to examine particular issues or to provide analytical support for international negotiations taking place in various fora. It also informs about external conferences and other meetings where the Centre has participated.

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Policy Brief 56, October 2018

Setting the pillars to enforce corporate human rights obligations stemming from international law

By Daniel Uribe

The release of the Zero Draft of the Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and other Business Enterprises by the Chairperson of the Open-ended Intergovernmental Working Group on Business and Human Rights (OEIGWG), is likely to revive discussions on the recognition of corporate entities as subjects of international law. The present brief examines corporate entities’ human rights obligations in the context of the Zero Draft, taking into account the views and comments presented during the first three sessions of the OEIGWG and the need to advance the discussion on those entities’ obligations under international law.

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