Friends of the Earth International’s written contribution to the open-ended working group on transnational corporations and other business enterprises with respect to human rights

Friends of the Earth International (FoEI) critiques the 'Zero Draft' of the UN binding treaty on transnational corporations (TNCs) and human rights, describing it as a 'setback' and 'way too weak'. FoEI argues that the draft fails to establish direct legal obligations for TNCs, lacks a robust definition of 'value chains', and does not sufficiently prioritize human rights over trade and investment agreements. The document calls for the creation of an International Court on TNCs and Human Rights to end corporate impunity, particularly in the Global South. It further denounces the European Union's disengagement from the process and the influence of corporate lobbies, such as the International Organization of Employers, which FoEI claims threaten to 'capture' the treaty process.

• The 'Zero Draft' presented by Ecuador is considered insufficient and a regression from previous documents, specifically the 2017 Elements paper, as it lacks a section on principles and fails to establish the supremacy of human rights over trade and investment agreements.
• FoEI argues that the treaty must move beyond the 'primary responsibility' of states to include direct, legally binding obligations for transnational corporations to respect human rights, regardless of whether the state where they operate has ratified relevant treaties.
• The document highlights critical gaps in the Zero Draft regarding jurisdiction and accountability, specifically the lack of a comprehensive definition of 'value chain' and the failure to prohibit the 'forum non conveniens' argument, which hinders victims' access to justice.
• FoEI and its partners propose the establishment of an International Court on TNCs and Human Rights to provide a permanent, independent, and accessible mechanism for victims to seek reparation when national courts fail.
• The European Union is criticized for its 'unproductive' attitude and unilateral disengagement from the treaty process, with FoEI alleging that the EU prioritizes investor rights and voluntary guidelines over binding human rights obligations.
• The document reports attempts by corporate lobbies, specifically the International Organization of Employers (IOE), to influence the negotiations through threats of 'commercial retaliation' against Southern States that support the binding treaty.
• Specific regional testimonies, such as those from Palestine and Liberia, illustrate the need for the treaty to address crimes in conflict areas and the inability of national institutions to hold TNCs accountable for gross human rights violations.

APA

Friends of the Earth International (2019). Friends of the Earth International’s written contribution to the open-ended working group on transnational corporations and other business enterprises with respect to human rights. https://www.foei.org/wp-content/uploads/2021/10/Foei_Submission_2018_english_pages.pdf

Chicago

Friends of the Earth International. Friends of the Earth International’s written contribution to the open-ended working group on transnational corporations and other business enterprises with respect to human rights. 2019. https://www.foei.org/wp-content/uploads/2021/10/Foei_Submission_2018_english_pages.pdf.

Wikipedia

{{cite press release |author=Friends of the Earth International |title=Friends of the Earth International’s written contribution to the open-ended working group on transnational corporations and other business enterprises with respect to human rights |date=June 2019 |url=https://www.foei.org/wp-content/uploads/2021/10/Foei_Submission_2018_english_pages.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{friendsoftheearthinternational2019friends, author = {{Friends of the Earth International}}, title = {{Friends of the Earth International’s written contribution to the open-ended working group on transnational corporations and other business enterprises with respect to human rights}}, publisher = {Friends of the Earth International}, year = {2019}, month = jun, url = {https://www.foei.org/wp-content/uploads/2021/10/Foei_Submission_2018_english_pages.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }