GANHRI contributes to negotiations on a legally binding instrument on business and human rights

From 12 to 16 October 2026, the Global Alliance of National Human Rights Institutions (GANHRI) took part in the 12^th session of the Open-ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with respect to Human Rights (OEIGWG) in Geneva, which continued negotiations on a legally binding instrument (LBI) on business and human rights.

The session focused on Articles 1–3 and 12–24 of the draft instrument, covering definitions, purpose and scope, mutual legal assistance, international cooperation, consistency with international law, institutional arrangements and implementation.

The National Human Rights Institutions (NHRIs) of France, Germany and the Democratic Republic of the Congo took part in the session. The German Insitute for Human Rights delivered a statement on behalf of GANHRI.  Speaking in its own capacity, France’s Commission nationale consultative des droits de l’Homme stressed the urgency of progress in the negotiations to ensure respect for human rights and the environment across value chains and called on the European Union to adopt a formal negotiating mandate.

Strengthening access to effective remedy

In its statement, GANHRI welcomed the recognition of both judicial and non-judicial mechanisms for access to remedy under Article 7, as well as the call under Article 12 to allocate appropriate support and resources to relevant mechanisms.

These provisions are essential to ensure that people affected by business-related human rights abuses can obtain effective remedies, including in cases involving transnational business activities.

Recognising with the role of NHRIs

Building on the recommendations outlined in its position paper published for the 11^th session, GANHRI reiterated its call for the future instrument to explicit recognise NHRIs compliant with the Paris Principles as independent monitoring mechanisms.

NHRIs are well placed to monitor the human rights impacts of cross-border business activities along supply and value chains. They can also handle complaints involving transnational business activities and facilitate access to effective remedies.GANHRI called on States to engage with NHRIs throughout the negotiation process and to draw on their expertise.

Looking ahead

The Chair-Rapporteur recommended that an updated draft of the instrument be prepared, preferably by the end of February 2027. The draft will take into account proposals and comments from States and other stakeholders, including at discussions during the 11^th and 12^th sessions. Further intersessional consultations are planned for next year, ahead of the 13^th session of the OEIGWG in October 2027, where States are expected to continue direct negotiations on the basis of the updated draft.

Through its Working Group on Business and Human Rights, GANHRI will continue to contribute to the process and to advocate for an instrument that strengthens human rights protection, accountability and access to remedy.