The historic 10th session of negotiations for a UN treaty to hold transnational corporations (TNCs) accountable for their human rights violations (Binding Treaty) has drawn to a close in Geneva, Switzerland.
Within the context of the ongoing genocide in Palestine fueled by TNCs, forced displacement of communities due to large-scale energy projects, and continued corporate land and water-grabbing, such a Treaty has never been more important. This year, negotiations centred on the rights and protection of victims, affected persons and communities and on the future Treaty’s ability to hold TNCs liable throughout their value chains. All Civil Society coalitions and several States have also called attention to the risks of corporate capture.
The Global Campaign to Reclaim Peoples’ Sovereignty, Dismantle Corporate Power and Stop Impunity (Global Campaign) brought the voices of the communities and social movements affected by corporate crime, making sure that the true protagonists of this process are also represented in the room.
“We’re reflecting now on the past ten years of negotiations and recognising what a historic feat it is that this process exists, that we’re ever closer to securing access to justice for those affected by corporate crimes. This week we’ve been able to take major strides toward a just and effective Binding Treaty. Contrary to previous years, it seems that the new Chair is really committed to actually facilitating negotiations rather than obstructing them.”
Maxine Bezuidenhout
Alternative Information and Development Centre
Communities affected by corporate crime, social movements and civil society, however, had to overcome major obstacles just to be in the decision-making room.
“Whether it be due to the arbitrary, unilateral decisions to change the dates of the negotiations with a few weeks notice or enabling the shameless intervening of corporations, space for the voices of social movements and affected communities is under threat. We, as affected communities, are the heart of this Treaty and we refuse to be cast aside. We started this process decades ago, hosting Peoples’ Tribunals and drafting a Peoples’ Treaty until we made it to the UN. We continue now in the 10th session stronger than ever.”
Pablo Fajardo
UDAPT / Friends of the Earth Ecuador
Following a trend to open multilateral decision-making spaces to corporate representatives – a phenomenon called multistakeholderism – very visible during the Summit of the Future and the most recent climate COP, their presence in the room was highly contested.
“Transnational corporations waltz into these negotiations under the guise of civil society through the business associations that represent them. The UN uses the term ‘Civil society’ to describe both the communities subject to the brutal reality of corporate crimes and their perpetrators. It’s shameful and a major threat to the process. But the more progress we make on the Treaty, the more we start to see them sweat.”
Pierre Maison
La Via Campesina
On the side of content issues, delegates also discussed the methodology to inform the debates during the period in-between sessions, the focus of the final day and a half of the talks. Members of the Global Campaign closed the discussions on Thursday by exposing the business associations in the room.
“Only corporations violating human rights need to be afraid of criminal liability throughout global value chains— and they should be afraid. One important consequence of the Treaty would be precisely to weed out investments that result in the exploitation of our peoples, our lands and our resources. While TNCs count the profits, the communities count the dead. It is the mandate of the Binding Treaty to stop it.”
Juliana Rodrigues de Senna
Transnational Institute
All eyes were on the business associations after someone changed their name plate from “NGO” to “TNC Lobby”. Without noticing, the representative of the International Organization of Employers presented his statement and was recorded live (minute 41) threatening Global South States with divestment. Dead silence held the room as States listened intently to the Global Campaign’s last interventions, which led the IOE delegate to leave the room in a panicked rush.
“It is not for human rights violators to have a say in how they should be regulated or held accountable for their violations. To allow transnational corporations to be represented in any way in these negotiations is to allow the fox to plan the security system of the henhouse. If the Treaty is to have a life beyond the paper it’s written on, it must be protected from corporate influence and capture at all stages of the process.”
Letícia Paranhos
Friends of the Earth International
Looking to 2025, the Global Campaign is well positioned to continue holding the line against the influence of corporations and the TNC lobbies as well as the States backing them. It seems that an ambitious Treaty that ensures that human rights prevail over corporate profits is in sight and that access to justice for the billions of peoples struggling against corporate power is on the horizon.
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Media contact
Ghislaine Fandel // ghislaine@foei.org // Whatsapp/Signal +33 7 66 67 95 50 // @FoEint // in Geneva 16-21 December
