On shaping the EU’s position on the UN binding instrument on business and human rights, in particular on access to remedy and the protection of victims
A-9-2023-0421
Committee on Foreign Affairs · Rapporteur: Heidi Hautala
Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.
Parliament's resolution calls on the EU to engage actively in UN talks on a binding treaty on business and human rights, and urges the Council to adopt an ambitious negotiating mandate.¶¶¶ It wants the treaty to cover global value chains, include environmental and climate impacts, and provide strong access to justice and remedies for victims.¶¶¶ It asks for prevention duties, due diligence in high-risk areas, protection of human rights defenders and indigenous peoples, and anti-corruption measures.¶¶¶ It supports an international fund for victims and monitoring mechanisms, and calls on the Commission to increase support to non-EU countries.¶¶¶
Committee position. The Committee on Foreign Affairs proposes that Parliament support the UN process on a binding treaty, urge the Council to adopt an ambitious negotiating mandate, and set out detailed elements for the EU position on prevention, access to justice and monitoring.¶¶¶
Key points
- Strongly supports full implementation of the UN Guiding Principles and OECD Guidelines, and says any treaty work must align with these standards.¶
- Notes that voluntary corporate social responsibility risks market distortions, and welcomes the shift towards binding standards.¶
- Highlights barriers victims face in accessing justice, including jurisdictional issues, short limitation periods, high costs and intimidation.¶
- Calls for parent-company-based extraterritorial regulation and clear obligations to eradicate child and forced labour from supply chains.¶
- Calls on the OEIGWG Chair and UN member states to ensure transparent negotiations with meaningful stakeholder engagement from all regions.¶
- Urges the Council to adopt an ambitious negotiating mandate so the EU can actively shape the treaty, with strong enforcement and access to justice.¶
- Calls on Member States to coordinate positions and on the EEAS and Commission to play a proactive role, including outreach to partner states.¶¶
- Supports a broad treaty scope covering global value chains, with flexibility for SMEs, and insists on proportionate obligations for micro, small and medium-sized enterprises.¶
- Regrets removal of environment and climate references from the draft, and wants these included in the treaty's scope.¶
- Calls for a compulsory prevention framework, enhanced due diligence in conflict-affected areas, and inclusion of international humanitarian and criminal law.¶¶
- Insists on robust access to justice provisions, including collective redress, legal aid, protection from reprisals, and an international fund for victims.¶¶
- Calls on the Commission to increase financial and technical support to non-EU countries for national action plans, non-judicial mechanisms and remedies.¶
Who is affected
- EU institutions: Council urged to adopt a negotiating mandate; Commission and EEAS asked to engage proactively and support non-EU countries.¶¶¶
- Business enterprises, especially micro, small and medium-sized enterprises: treaty should set proportionate obligations and safeguards.¶
- Victims of corporate abuse: treaty should ensure access to justice, remedies and an international fund.¶¶
- Human rights defenders, indigenous peoples and marginalised groups: treaty should protect their rights and safety.¶
- Non-EU countries: Commission asked to step up financial and technical support on business and human rights.¶
Figures and deadlines
- 113 countries exclude workers from the right to establish or join a trade union, up from 106 in 2021.¶
- 87 % of countries violated the right to strike and four in five countries blocked collective bargaining.
- MSMEs account for 90 % of businesses, 60 to 70 % of employment and 50 % of gross domestic product worldwide.¶
Legal basis: Articles 2, 3, 8, 21 and 23 of the Treaty on European Union.¶