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Ninth session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights

Overview

On 26 June 2014, the Human Rights Council adopted resolution 26/9, in which it decided "to establish an open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, whose mandate shall be to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises."

The ninth session of the open-ended intergovernmental working group (OEIGWG) took place from 23 to 27 October 2023 in Geneva (see history of the process below). Between the eighth and ninth sessions, numerous activities took place that were taken into consideration during the development of an updated draft legally binding instrument (version in track changes) (see intersessional activities below). That instrument served as the basis for State-led direct substantive intergovernmental negotiations during the working group’s ninth session. 

Recordings of the ninth session in all UN languages are available on UN Web TV. Statements delivered during the ninth session that were shared with the Secretariat are available on the oral statements page.

The report on the ninth session was presented to the Human Rights Council at its 55th session. As indicated in paragraph 31(b) of the report, the Secretariat prepared compilations of the following statements presented during the ninth session, reproduced in the language received:

Information about the intersessional activities between the ninth and tenth sessions is available on the tenth session webpage.

Please regularly check this webpage, as more information will be posted as it becomes available. If you have any questions, you may contact [email protected].

Documents

Participation During the Session

All statements delivered during the ninth session that were shared with the Secretariat are available on the oral statements page.

Only UN Member and Observer States, specialized agencies and other international organizations, national human rights institutions with "A status" accreditation, and NGOs with ECOSOC consultative status may participate in the public meetings of the OEIGWG.

Please consult the participation page for information regarding interventions during the ninth session.

Side events

Conference rooms XXIV, XXV, and XXVI were reserved for side events during the ninth session. Please consult the table of side events to see when and where each side event took place.

Intersessional Activities

On 2 March 2023, a note verbale was issued (also available in French and Spanish ) providing an update of the process, the plan for the intersessional period, and an invitation for written input, in line with the Chair-Rapporteur’s recommendations in the report on the eighth session of the working group. The Chair-Rapporteur further shared a letter on 24 March 2023 with the friends of the Chair providing suggestions and guidelines for the intersessional consultations.

Regional intersessional consultations among States were convened by the friends of the Chair between April and mid-June 2023, which took into account: (1) the work of the working group to date (in particular, all concrete textual suggestions made during the seventh and eighth sessions); and (2) written inputs by stakeholders (as regards substantive improvements to Articles 1-14 of the third revised draft legally binding instrument and the Suggested Chair Proposals). A compilation of the outcomes of the friends of the Chair intersessional consultations was published in July 2023.

In accordance with paragraph 25 (g) of A/HRC/52/41, an updated draft legally binding instrument was published in July 2023, along with a version in track changes

Accreditation

Only UN Member and Observer States, specialized agencies and other international organizations, national human rights institutions with "A status" accreditation, and NGOs with ECOSOC consultative status may attend and participate in the public meetings of the OEIGWG.

Accreditation requirements vary depending on the entity represented. Please consult the accreditation page for the instructions regarding accreditation for the ninth session.

History of the Process

The first and second sessions of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (OEIGWG) were dedicated to conducting constructive deliberations on the content, scope, nature and form of a future international instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.

During the third session, the Working Group discussed elements for a draft legally binding instrument prepared by the Chairperson-Rapporteur of the OEIGWG taking into consideration the discussions held during the first two sessions.

During the fourth session, the Working Group's discussions focused on a zero draft legally binding instrument, as well as a zero draft optional protocol to be annexed to the zero draft legally binding instrument.

During the fifth session, a revised draft of the legally binding instrument served as the basis for negotiations.

During the sixth session, a second revised draft of the legally binding instrument served as the basis for negotiations.

During the seventh session, a third revised draft of the legally binding instrument served as the basis for negotiations.

During the eighth session, the third revised draft of the legally binding instrument with the textual proposals submitted by States during the seventh session served as the basis for negotiations. Additionally, to help advance discussions during the eighth session, States and non-State stakeholders could also comment on informal contributions presented by the Chair-Rapporteur on select articles of the instrument.