POUR LA SOUVERAINETÉ POPULAIRE
Summary
The document is a draft proposal for a 'Treaty on Transnational Corporations and their Value Chain on Human Rights,' submitted by a global campaign to the UN Human Rights Council. It argues that the globalization of the economy has created power asymmetries that allow TNCs to violate human rights with impunity, particularly in the Global South. The proposed treaty establishes direct legal obligations for TNCs and their executives, mandates states to protect human rights through territorial and extraterritorial legislation, and proposes the creation of an International Court on Transnational Corporations and an International Monitoring Centre. It emphasizes the primacy of human rights law over trade and investment agreements and demands the recognition of the rights of indigenous peoples and affected communities to free, prior, and informed consent.
Key insights
- The proposed treaty asserts that international human rights law must take precedence over all other legal instruments, specifically those governing trade and investment.
- Transnational corporations (TNCs) and their parent companies are held to a standard of joint and several liability for human rights violations occurring within their subsidiaries and value chains, regardless of the legal framework in the host or home state.
- The treaty proposes the establishment of two new international bodies: an International Court on Transnational Corporations to investigate and sanction violations, and an International Monitoring Centre to evaluate TNC activities.
- States are obligated to implement extraterritorial legislation to ensure TNCs headquartered in their territory do not violate human rights in other countries.
- TNCs must respect the sovereignty and territorial rights of indigenous peoples and traditional communities, including their right to free, prior, and informed consent regarding natural resources.
- The proposal demands strict limits on corporate influence over public policy, including a five-year ban on 'revolving door' movements between government positions and TNCs for government members.
- International Financial Institutions (IFIs), such as the World Bank and IMF, are identified as potentially responsible for human rights violations if they finance TNCs known to commit such abuses.
- The treaty mandates that TNCs must not use state security forces or private militias to threaten or attack communities organizing to demand reparations.
Cite the original document
- APA
- Friends of the Earth International (2017). POUR LA SOUVERAINETÉ POPULAIRE. https://www.foei.org/wp-content/uploads/2021/10/Treaty_draft-FR1.pdf
- Chicago
- Friends of the Earth International. POUR LA SOUVERAINETÉ POPULAIRE. 2017. https://www.foei.org/wp-content/uploads/2021/10/Treaty_draft-FR1.pdf.
- Wikipedia
- {{cite press release |author=Friends of the Earth International |title=POUR LA SOUVERAINETÉ POPULAIRE |date=October 2017 |url=https://www.foei.org/wp-content/uploads/2021/10/Treaty_draft-FR1.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @misc{friendsoftheearthinternational2017pour, author = {{Friends of the Earth International}}, title = {{POUR LA SOUVERAINETÉ POPULAIRE}}, publisher = {Friends of the Earth International}, year = {2017}, month = oct, url = {https://www.foei.org/wp-content/uploads/2021/10/Treaty_draft-FR1.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
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