The UN inter-governmental working group on transnational businesses and human rights is to hold a fifth session of discussions over an international, legally binding instrument between 14 and 18 October in Geneva. The talks will be based on a new draft text, presented by the rapporteur having been drawn up following the fourth discussion session in October 2018 (see article n°10810). This initiative seeks to ensure effective access to justice and reparations for victims of human rights violations committed by multinational companies. In addition to providing access to justice and the possibility for companies that violate human rights to be held responsible, the draft treaty would also introduce an obligation to identify and prevent the risks of such violations.
Multinationals no longer the only ones in the firing line. Since the beginning, the issue of which companies should be targeted has been the subject of heated debate, with employer organisations and states, mainly in the western world, pointing out that the risk of human rights violations comes mainly from domestic firms which, in some cases, have no transnational activity. During the discussions of the fourth session, several delegations and organisations reiterated their position that any future instrument should apply to all companies without distinction, including national firms or even public companies.
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