7th of April 2025
To the attention of H.E. Mr. Marcelo VAZQUEZ BERMUDEZ
Permanent Representative of the Republic of Ecuador to the UN – Geneva
Following the 10th session of the OEIGWG, positively chaired by you in December 2024, the undersigned organisations and coalitions would like to draw attention and express their concern regarding the appointment and participation of legal experts who show clear conflicts of interest. As you are well aware, this historic negotiation process arose from the struggle and mobilisation of peoples and communities affected by TNC violations and abuses; it is for this reason that we cannot accept the participation of legal experts whose voices resonate with the economic interests of TNCs.
At the ninth session of the OEIGWG in October 2023, participating States agreed to request that the Chair select five legal experts to contribute to the discussions during the 2025 intersessional thematic consultations. The experts should represent different legal systems, their selection should take into account geographical and gender representation.
During the intersessional consultation held in April 2024, during which the Ecuadorian Presidency proposed to discuss the criteria for the selection of experts, the Global Campaign argued that the selection should be based on the following criteria:
i) The perspectives of the experts must be aligned with the mandate of the Working Group, as set out in Resolution 26/9;
ii) The experts should show no conflict of interest, thus not be in any way related to the corporate sector, in order to avoid any influence during the process;
iii) The experts must come from, work in the line of or be supported by social movements, trade unions and/or affected communities, and at least 3 of them must be from the Global South.
In July 2024, the Presidency reported that it received 102 nominations, without ever publishing the list. On 30 July 2024, the list of the five nominated experts was published. It was worrying to note the total lack of transparency, as well as the one-sidedness and non-inclusiveness of the selection process. In fact, not only were the recommendations of civil society largely ignored, but none of the experts from social movements, trade unions and affected communities were appointed.
We are concerned that most of the experts selected have a professional background predominantly close to the private sector or academic profiles focused on the promotion of voluntary regulatory frameworks; in short, profiles that are alien to the pre-established objectives of Resolution 26/9.
The nomination of Ms. Clara Serva, a lawyer and partner of a large law firm whose main clients are transnational companies that violate human rights, is undoubtedly emblematic in this sense, as well as being very serious due to the conflict of interest it generates.
Academia and the production of knowledge is not neutral. Behind every publication, recommendation and legal analysis there is a political vision of the world and of the law. In this sense, we are very concerned that the Ecuadorian Presidency has prioritized visions that contradict the essence and principles of Resolution 26/9, which should guide any and all opinions on the process.
Against this background, we urge all UN Member States to protect the democratic and inter-governmental character of the process and thus to avoid any conflict of interest and influence in the framework of the negotiations. To this end, we would like to make the following formal request to the Chair of the OEIGWG:
At the beginning of the first intersessional thematic consultation, the Chair should call for full compliance with Resolution A/RES/60/251 adopted by the General Assembly on 15 March 2006, which establishes the creation of the UN Human Rights Council and provides for the principles that will guide its work. The Chair should thus require that the discussions held during and the inputs presented to the intersessional period, including those by the legal experts, respect the spirit and letter of Resolution A/RES/60/251, and in particular its §§ 4 and 12. In the light of this, the “work of the Council”, and thus of the legal experts in the framework of the Human Rights Council OEIGWG, “shall be guided by the principles of universality, impartiality, objectivity and non-selectivity” (§ 4) and “shall be transparent, fair and impartial and shall enable genuine dialogue” (§ 12).
This means that the opinions and contributions of the legal experts must and will be guided exclusively by impartiality, independence and integrity, i.e that they will be free from conflict of interests and from corporate influence.
Your Excellency, Ambassador Vazquéz Bermudez, we thank you in advance for your attention to this request, which is crucial to the future of this historic process and on which victims and affected communities around the world pin their hopes for justice.
Yours faithfully,
ESCR-Net
Feminists for the Binding Treaty
Global Campaign to Reclaim People’s Sovereignty, Dismantle Corporate Power and Stop Impunity
Treaty Alliance
