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Concept Note for Capacity Building Workshop at the Pan African Parliament Introduction and BackgroundIntroductionThe Africa Coalition for Corporate Accountability (ACCA) will be facilitating a Capacity building session on the United Nations (UN) Treaty Process on Business and Human Rights, to hold Transnational Corporations Accountable for Human Rights violations resulting from their activities. In addition, the training will also make a brief overview on the three ACCA’s work streams, namely: Access to remedy, Free Prior and Informed Consent as well as the UN Binding Treaty Process on Business and Human Rights (UN Binding Treaty). This capacity building session will take place on the 7 August 2019, form 09 to 11 pm. BackgroundThe PAP play a very important role on ACCA’s Capacity Building sessions on key thematic areas to members of the African Parliaments is designed to respond to ACCA’s membership needs that were identified during 2018 ACCA General Assembly in Nairobi, to engage with the Pan African Parliament, as an African Union organ providing space for members of CSOs to interact and space policies on the continent in the extractives area’s sector. With this in mind, the ACCA raised funds to engage in series of capacity building exercises around access to remedy, FPIC, and how to engage with the UN Binding Treaty process. The work on the UN Binding Treaty is being conducted in collaboration with one of the ACCA members, the Centre for Applied Legal Studies (CALS), based in South Africa. About the Treaty on Business and Human Rights:The Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business EnterprisesIn June 2014 at its 26th?session, Ecuador and South Africa presented to the UN Human Rights Council in Geneva a?resolution they had drafted proposing an international legally binding instrument on Transnational Corporations and Other Business Enterprises with respect to human rights. An open-ended intergovernmental working group with the mandate to elaborate an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights was subsequently established,?chaired by Ecuador. The first session of the?open-ended intergovernmental working group (IGWG) took place from 6 to 10 July 2015 in Geneva.? A second session was held in October 2016, and a third session in October 2017.? The fourth session of the OEIGWG will be held October 15th to 19th 2018 in Geneva to discuss the draft instrument and the protocol. Article 2 stipulates the purpose of the treaty to “strengthen the respect, promotion, protection and fulfilment of human rights” and to “ensure effective access to justice and remedy to victims of human rights violations” in the context of transnational business activities and to “advance international cooperation in this regard.” Article 3 provides for the scope and jurisdiction and is to the effect that the treaty applies “to human rights violations in the context of any business activities of a transnational character” and that Jurisdiction vests in the court of the State where such acts or omissions occurred or where the alleged perpetrator is domiciled.Despite this progress, African states including their civil society, private sector and most importantly governments have not taken an effective role in this process. While a number of developments have been realized including the development of the Elements?for the draft?legally binding instrument?were issued by the Chair in September 2017, and a?Zero Draft?was presented in July 2018, many African states have not been seen to be effectively engaging. Given the importance of this process in streamlining the legal and policy at the global level and its subsequent role in shaping the human rights protection and accountability landscape in Africa, the ACCA and CALs plan on holding sub regional trainings on the UN Binding Treaty to create a strengthened CSO platform to engage with their governments on the process and enhance the Continents meaningful participation during the Geneva Sessions. The Target GroupThe targeted group is constituted primarily of members of the Pan African Parliaments and secondly representatives of ACCA’s member organisations located in the Gauteng province and others coming from the following locations: East, West, Central and Southern Africa sub regions. Objectives of the Training: The general objective of these capacity-building sessions is to: Enhance members of the PAP’ awareness of the ongoing process to put in place a UN Binding treaty on Business and Human Rights; Develop skills and knowledge for honourable members of the Pan African Parliaments to be able to influence their government to actively engage in the treaty making process and adopt new policies to end corporate impunity within their respective countries;Encourage the participation of ACCA’s members on the Zero draft treaty and draw out a strategy for engagement in the process in October and after andTo garner PAP members’ positions on the draft Binding treaty on Business and Human rights Methodology and Language of UseThe Capacity building training will make use of a methodology that comprise of presentation from ACCA’s members, in form of a general lecture making presentation to the audience. The training material will be distributed to all members of the parliament during the session and other material will be email to them beforehand. These Capacity-building workshops will be directed in English with simultaneous interpretation services, in French, Portuguese and Swahili, which are the AU language available and offered by the PAP. 5. Team of Trainers The team of Trainers has been carefully selected from ACCA membership with experience in the subject matter. They will include; Arnold Kwesiga from the Initiative for Social and Economic Rights and Coordinator of the Uganda Consortium on Corporate Accountability; Akhona Mehlo from the Centre for Applied Legal Studies (CALs) and Guillain Koko from the ACCA.6. Expected Outcomes: This training aims to raise awareness of members of the PAP on the following: Being aware of the negative impact of Transnational Corporation on human rights on the African continent,Be familiar with Business and human rights instruments, such as the UN Guiding Principles on Business and Human Rights, UN Global Compact, Zero Draft Treaty, OECD Guidelines, ILO Tripartite Declaration, UN Norms, etcEnhance MPs knowledge on corporate responsibility for Human Rights violations and create opportunity for CSOs for advocacy, lobbying, engagement with the African Union Committee of Experts on Extractive industry Create a network with civil society organizations on issues of violation of Human Rights by Multinational Companies on the African continent.; and Bring Learn and share the best practices for engagement (for applying for Observer status, filing communications, making statements at Commission’s Sessions etc.) Bring the PAP to come up with plan to monitor AU in its mandate on Human Rights and to legislate human rights standards in relation to corporate abuses. Knowledge and information on the role of the African Commission on Extractive industry ProgrammeAU theme for 2019: “Year of Refugees, Returnees and Internally Displaced Persons in Africa: Towards Durable Solutions to Forced Displacement.”Programme for the Capacity building session on UN Treaty process on Business and human rights for members of the PAP. DateTimeActivityResponsible07/08/201909:00-09:10 Welcoming Remarks.PAP Justice and Human Rights Committee Chairperson.07/08/201909:10-09:45- Introduction and History of Treaty Process Ms Akhona Mehlo Attorney at the Centre for Applied Legal Studies (CALS) /Wits University09:45-10:20-Unpacking the Zero Draft TreatyMr. Arnold KwesigaCoordinator of the Uganda Consortium on Corporate Accountability (UCCA)10:20-10:30The role of PAP in the monitoring, promotion and protection of business and human rights?Mr. Guillain KokoCoordinator of the African Coalition for Corporate Accountability (ACCA)10:30-11:00Questions&AnswersAll ................
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