Proposed treaty would fundamentally shift the burden of policing and enforcing global human rights from governments onto multinational companies.

Treaty is championed by Ecuador and several other governments, alongside a number of activist groups.

This week in Geneva, at the fourth session of a UN working group charged with reviewing standards for companies with respect to human rights, the global business community has united in opposition to a proposed “zero draft” of a treaty on business and human rights.

The proposed treaty, championed by Ecuador and several other governments, alongside a number of activist groups, would fundamentally shift the burden of policing and enforcing global human rights from governments onto multinational companies, according to Gabriella Rigg Herzog, USCIB’s vice president for corporate responsibility and labor affairs, who is attending the Geneva meeting.

“Some in the room have referred to the zero draft as a ‘last line of defense’ approach,” Herzog told delegates in a statement on behalf of USCIB and the International Organization of Employers (IOE). “But we believe the true first line of defense is strong domestic rule of law, good governance, and the state duty to protect human rights. This is where our collective efforts should focus and is the global approach we all are working to achieve under the UN Sustainable Development Goals.”

A joint statement by the IOE, the International Chamber of Commerce (ICC), Business at OECD and Business Europe conveys the groups’ strong concerns on the proposed treaty. These include:

• The zero draft includes requirements that are unclear and not aligned with recognized “soft-law” instruments such as the UN Guiding Principles on Business and Human Rights.
• It establishes a different set of requirements for transnational business activities versus other enterprises and organizations.
• And the draft would open the door to civil and criminal suits in a wide range of jurisdictions, which could lead to “forum shopping.”

“We do not believe that these texts make a helpful contribution to the field of business and human rights and we believe that they risk undermining important progress made in this sphere under the UN Guiding Principles,” stated Viviane Schiave, senior policy executive with ICC. “Furthermore, the process followed by the [UN working group] to date does not give business confidence that this initiative will provide credible and workable solution to such complex human rights issues.”