Türk calls for accountability for business-related human rights harms

Colleagues,

It is a pleasure to open the 9^th session of the Open-Ended Intergovernmental Working Group on transnational corporations and other business enterprises with respect to human rights.

During the COVID-19 pandemic, the complexity of global value chains became clear to many consumers around the world.

Goods and services are often sourced across multiple countries with very different legal, regulatory, and human rights practices.

This interconnection can support economic growth and social development.

But sprawling and diffuse value chains can also result in human rights risks -- forced or child labour, unsafe working conditions, low wages, lack of access to benefits such as healthcare, discrimination and harassment, violations of workers’ rights to freedom of association or collective bargaining, and attacks against human rights defenders and indigenous people.

Significant efforts have been made by States and companies to prevent and mitigate these harms, particularly since the endorsement by the Human Rights Council of the UN Guiding Principles on Business and Human Rights in 2011.

But it’s clear that more is needed.

The mandate which has been entrusted to this working group seeks to respond to this need.

Your work to develop an international legally binding instrument to regulate the activities of transnational corporations and other business enterprises in international human rights law is breaking important new ground.

It is closely tied to initiatives to strengthen respect for human rights by businesses more generally, including to ensure there are appropriate sanctions and remedy when human rights harms occur.

Exercising human rights due diligence is a key responsibility for companies in this regard, and one of the most important elements of the United Nations Guiding Principles.

Human rights due diligence is a way for companies proactively to manage potential and actual adverse human rights impacts with which they are involved.

And regulations that mandate human rights due diligence by companies can be a game changer, catalysing positive transformation of business models and benefiting workers and communities alike.

Business is understandably concerned about having too many different, potentially competing, regulatory initiatives. This is why it is essential to ensure that regulatory efforts at national or regional levels align with accepted global standards.

The efforts of this working group to develop a well construed and broadly supported international instrument has the potential to protect the human rights of individuals and communities that are affected by business activities, hold businesses accountable, and provide access to effective remedies for affected stakeholders when things go wrong.

It is welcome that elements of the updated draft which you will consider at this session are aligned with the UN Guiding Principles.

An instrument that is fully aligned with the UN Guiding Principles would level the playing field, ensuring that business operating in all regions adhere to the same standards worldwide, contribute to sustainable development, empower communities, foster economic growth, and contribute to a more inclusive global society.

Your session is taking place at a crucial time. The Human Rights 75 initiative which is led by my Office – marking the anniversary of the Universal Declaration of Human Rights – is an important opportunity to revitalize our commitment to human rights, and to ensure that human rights provide solutions to the biggest challenges of our era.

This includes the need for more principled, responsible, and accountable business, as part of human rights economies that foster development and uphold the rights of everyone, everywhere.

As we are gearing towards the Human Rights 75 high-level event in December, I also urge you all to consider concrete and innovative pledges, including those that promote responsible business conduct .

Dear Colleagues,

Over the coming days, I wish you broad and constructive negotiations, towards our shared goal of enhancing accountability and access to effective remedies for those harmed by business-related activities.

Thankyou.