14/10/2026
📢 UN Binding Treaty Negotiations | Day 2 Update | 13 October
Can international trade and investment agreements take precedence over human rights? Who should be held accountable when business activities contribute to human rights abuses, and who gets recognised as a victim with a right to justice?
These questions were central to the second day of the 12th session of the UN Open-ended Intergovernmental Working Group negotiating a proposed legally binding instrument on business and human rights in Geneva, Switzerland.
The Business and Human Rights Centre, in partnership with Lawyers for Human Rights, has published its Day 2 Daily Update, covering negotiations on the relationship between the proposed treaty and other international agreements, the powers of a future treaty committee, business activities in conflict affected areas, and the definition of victims.
A significant debate centred on Article 14, which addresses consistency with international law. South Africa, alongside Brazil, Uruguay, Costa Rica and Palestine, supported retaining provisions intended to ensure that human rights obligations are not undermined by trade and investment agreements. Civil society organisations also called for stronger safeguards to protect communities from environmental harm and the effects of investment agreements, particularly in the Global South.
Discussions on business activities in conflict affected areas raised further questions about the obligations of States and businesses to identify, prevent and mitigate human rights risks. Delegates and civil society organisations debated whether due diligence alone is sufficient, whether certain business activities linked to human rights abuses should be prohibited, and how companies should responsibly disengage when serious risks arise.
The negotiations also examined undue business influence over public decision making and the proposed definition of a “victim”. These discussions matter because corporate accountability depends not only on recognising harm, but also on ensuring that affected individuals and communities have meaningful opportunities to seek justice and effective remedies.
The stakes are significant. The treaty must do more than establish principles. It must help address gaps in accountability, strengthen access to justice across borders and ensure that the pursuit of profit does not come at the expense of human rights!
đź”— Read the full Day 2 Update:
https://www.business-humanrights.org/en/latest-news/day-2-tuesday-13-october/