Oireachtas Joint and Select Committees

Wednesday, 15 October 2025

Joint Oireachtas Committee on Foreign Affairs and Trade

Binding Treaty on Business and Human Rights at the United Nations: Discussion

2:00 am

Dr. Chris O'Connell:

I can start into that and maybe Ms Quijano might come in as well. One of the weaknesses in the current treaty text, or one of the areas of concern that we would highlight, is the question of enhanced duties for corporations in conflict-affected areas. One of the texts that has been proposed is to include in that definition areas of illegal occupation such as the occupied territories. The idea, and this is already within the UN guiding principles but, as we have mentioned, those are voluntary in nature, is that corporations carrying on operations within those sorts of contexts would need to carry out enhanced human rights due diligence. There would also be a requirement, particularly in those cases, not to even begin or pursue their operations in situations where it cannot be guaranteed that there will not be complicity or a contribution to violations that may amount to international crimes. This is very much the content of the recent report by UN Special Rapporteur Francesca Albanese titled, From Economy of Occupation to Economy to Genocide, which I referenced in my opening statement. That is one area that the treaty could be stronger on and would make an important contribution.

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