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Position Paper of the Global Campaign on the Second Revised Draft

"Comments and amendments on the second revised draft of the legally binding instrument on transnational corporations and other business enterprises with regard to human rights (published on the 06.08.2020)", October 2020.

...While we welcome specific positive changes in the second revised draft that were based on proposals from social movements and are essential to keep and defend, the member organizations of the Global Campaign continue to be concerned about key structural problems in the draft. The core problem is that the new draft doesn’t reflect the purpose of the mandate created by Resolution 26/9 and thus, has strayed from the path of developing a strong and effective treaty. What we mean by a strong treaty is one capable of addressing the violations committed by TNCs, which in today’s world remain largely unaddressed because of the gaps in international law in relation to these actors...

In fact, the current draft deviates from the mandate of the OEIGWG by further reducing the transnational character of the future treaty. The current draft, like the previous one, doesn’t seem to be a draft primarily focused on TNCs anymore, but rather a general instrument focused on States’ obligations in relation to businesses. This step backwards was pushed by some countries that have always rejected the Treaty process, as well as by the private sector, and embraced by the Presidency of the Working group, despite many countries calling for a treaty focused on TNCs in accordance with Resolution 26/9...

The Global Campaign reiterates its commitment to this historical process, defending the positive elements included in the current draft and struggling for the inclusion of critically important elements that are not currently reflected in the draft. The following pages reflect our main comments and proposals on the second revised draft. We request they will be taken into account in the next version of the draft treaty, as we consider them crucial for addressing the needs and expectations of the people and communities affected...

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