United Nations treaty on business and human rights: New language is out, but some gaps persist

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States and non-State actors taking part in the negotiations of an international legally binding instrument to protect human rights from corporate activities have until 1 February 2026 to submit comments on new textual proposals. If done right, the treaty under discussion would bridge important gaps in international law and provide greater access to justice for victims of corporate harms.

Geneva, 30 January 2026. The International Federation for Human Rights (FIDH) submitted comments to the Secretariat of the Open-Ended Intergovernmental Working Group on transnational corporations and other business enterprises (OEIGWG). Created in 2014, the Group is tasked to elaborate an international treaty to hold corporations legally accountable for their human rights abuses and violations.

The submission analyses the new textual suggestions proposed by Ecuador in its capacity as Chair-Rapporteur of the OEIGWG, and provides recommendations to strengthen the text.

While FIDH generally supports several of the new clarifications, it regrets – among other things – their failure to adequately address the rights of victims to access to information, consultation, and Free, Prior and Informed Consent, particularly when trying to prevent human rights abuses and violations.

The text also persists in referring to the need for consistency with "domestic legal principles" or "domestic legal and administrative systems". These references could restrict or block provisions aimed at removing barriers to access to justice, therefore defeating the very purpose of an international treaty like this.

Read FIDH’s submission here.

Ressources:
 FIDH’s contributions to the UN Treaty negotiations over the years
 FIDH’s analysis and recommendations for the Updated Treaty Draft from 2024

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Lucia Posteraro