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
TA-9-2024-0042 · P9_TA(2024)0042 · PE751.807
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Parliament's resolution sets out the EU's position on the UN binding instrument on business and human rights, focusing on access to remedy and protection of victims.¶¶ It supports the UN process and calls on the Council to adopt an ambitious negotiating mandate so the EU can actively participate.¶¶ It asks for an instrument with a broad scope covering global value chains, environmental and climate impacts, and strong provisions on prevention, liability and access to justice.¶¶¶ It calls for an international fund for victims, monitoring mechanisms, and protection for human rights defenders and indigenous peoples.¶¶¶
Key points
- Stresses that human rights worldwide depend on corporate behaviour and that business enterprises need good governance and a functioning legal framework.¶
- Supports full implementation of international standards on responsible business conduct and says any work on the binding instrument should align with the UN Guiding Principles and OECD Guidelines.¶
- Welcomes the shift from voluntary corporate social responsibility towards binding standards and efforts to create a level playing field.¶
- Notes barriers to victims' access to justice, including jurisdictional issues, short limitation periods, evidentiary burdens and intimidation, and stresses heightened barriers for vulnerable groups.¶
- Calls on the Chair of the working group and UN member states to ensure transparent negotiations with meaningful engagement of all stakeholders, including civil society, trade unions and the private sector.¶
- Urges the Council to adopt an ambitious negotiating mandate as soon as possible so the EU can actively participate in shaping the future instrument.¶
- Calls on member states to engage individually while coordinating positions, and on the Commission and EEAS to engage proactively with partner states and regional organisations.¶¶
- Supports a broad scope covering global value chains, with flexibility for states to differentiate how small and medium-sized enterprises discharge prevention obligations, and calls for safeguards for MSMEs.¶
- Regrets that references to the environment and climate change were removed from the latest draft and says the EU should strive to include environmental and climate impacts in the instrument's scope.¶
- Calls for a compulsory prevention framework, enhanced due diligence in high-risk areas, human rights impact assessments, and a central role for affected stakeholders.¶¶¶
- Insists the instrument include the duty to protect human rights defenders, journalists, workers and indigenous peoples, and enshrine free, prior and informed consent of indigenous peoples.¶
- Calls for robust provisions on access to justice, legal liability, an international fund for victims, and monitoring mechanisms including a committee to receive complaints.¶¶¶
Who is affected
- Business enterprises, including transnational corporations and investors, which would face binding human rights obligations.¶¶
- Victims of corporate abuse, who would gain better access to justice, remedies and an international fund for victims.¶¶¶
- Micro-, small and medium-sized enterprises, for which the resolution seeks proportionate obligations and safeguards.¶
- EU member states, called to engage in the UN process and coordinate positions.¶
- The Commission and EEAS, asked to support non-EU countries and engage with partner states.¶¶
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.¶