Ref. Ares(2017)5242379 - 26/10/2017
Ref. Ares(2019)2457395 - 08/04/2019
To:
Federica Mogherini, High Representative of the Union for Foreign Affairs and Security
Policy
Frans Timmermans, First Vice President European Commission
Věra Jourová, Commissioner Justice, Consumers and Gender Equality
Subject:
EU and member states actively engaging in next steps of the process towards a UN
Treaty on Business and Human Rights.
Brussels, October 26 2017
Dear Ms. Mogherine,
Dear Mr. Timmermans,
Dear Ms. Jourová,
This week more than 200 representatives of global civil society, including victims of human rights
violations and abuses by corporations, joined the third session of the Open Ended Intergovernmental
Working Group (OEIGWG) on transnational corporations and other business enterprises with respect
to human rights, taking place in Geneva. Momentum is growing and civil society representatives are
now engaging with many different governments to achieve progress. As organizations that have
been working for change many years, we would be extremely concerned if any state were seeking to
undermine this vital process to develop the Treaty.
Many of us are concerned that we might see a repetition of the attitude adopted in the past where
the EU put forward inflexible preconditions and refused to engage in the process. But after a tense
start on Monday, we are witnessing a welcome evolution of the attitude of the European Union in
this process. The EU has engaged on substance and raised precise questions, which are the first
positive steps towards finally filling the gaps in the global legal framework and providing access to
justice and redress for victims and affected communities.
We agree with the representative of the EU that
more needs to be done to prevent, investigate,
punish and redress adverse human rights effects of business activities1. Therefore,
we call on our
governments and the European Union to take the floor in Geneva this week and explicitly commit
to prepare detailed reactions to the elements for a draft legally binding instrument, in preparation
for constructive engagement in the ongoing process towards a draft text and the next negotiation
session of the OEIGWG in 2018 and to continue to constructively engage until the “mandate to
elaborate an international legally binding instrument2” established by resolution 26/9 is fulfilled.
We can understand that for key departments more time is needed to fully engage on substance and
we offer our support to help the EU to do this as soon as possible in the coming months. Civil society
is willing to invest time and expertise in creative consultations on the key issues raised this week. In
addition, it is our view that the European Union should dedicate funding to the Office of the High
Commissioner to more fairly and adequately support the process of consultations and negotiations
under the OEIGWG.
1 http://www.ohchr.org/Documents/HRBodies/HRCouncil/WGTransCorp/Session3/OralInterventions/EUOpening remarks.pdf
2 https://www.ihrb.org/pdf/G1408252.pdf
The European Union has an important role to play in the upcoming negotiations, especially in a time
of rising isolationism. At a time at which the EU is proposing to start negotiations on an international
framework to protect investor rights (the Multilateral Investment Court), we strongly believe that
addressing global governance gaps and strengthening and upholding human rights for communities
and victims of corporate abuse should be prioritized.
We urge the European Union, and its Member States individually, to use this historic opportunity to
support the UN treaty and show that Europe can be a champion on multilateralism and human rights
in the context of Transnational Corporations and Other Business Enterprises.
With kind regards,
Art.4.1(b)
Art.4.1(b)
Art.4.1(b)
On behalf of
Geneva Infant Feeding Association - IBFAN GIFA
Alyansa Tigil Mina - Alliance to Stop Mining Philippines
Association Internationale de Techniciens Experts et Chercheurs (AITEC)
Association for Women's Rights in Development (AWID)
ALBOAN
ATTAC Espana
Asamblea Nacional de Afectados Ambientales
Badil resource center
Broederlijk Delen
Brot fur die Welt
Ecologistas en Acci6n
CAFOD
CCFD - Terre Solidaire
CNCD-11.11.11.
CIDSE
Center for International Environmental Law
Centro de Estudios para la Justicia Social TIERRA DIGNA
FAIR
FIAN Belgium
FIAN International
FIDH
Fondazione Finanza Etica
Friends of the Earth France
Friends of the Earth Sweden
WALHI/Friends of the Earth Indonesia
FUNDEPS - Foundation for the Development of Sustainable Policies
Fundaci6n APY
Global Policy Forum
Justi�a Ambiental - FoE Mozambique
Human Rights International Corner
Les Amis de la Terre France
Reseau International des Droits Humains (RIDH)
MISEREOR
MTVSZ / Friends of the Earth Hungary
NOVACT - institut internacional per l'acció noviolenta
Entraide et Fraternité
Pro Ethical Trade
Pro Ethical Trade Finland
Friends of the Earth Finland
Observatori de Drets Humans i Empreses de l'Orient Mitjà i Nord d'Àfrica
Project on Organizing, Development, Education and Research (PODER)
Sentro ng Mga Nagkakaisa at Progresibong Manggagawa (SENTRO)
SUDS
Society for International Development (SID)
SOMO
Trócaire
The Initiative for Social and Economic Rights (ISER) and Uganda Consortium on Corporate
Accountability (UCCA)
World March Women