Opinion Piece | Towards a Binding Future: Key reflections from the 2026 Binding Treaty Indaba By Nhlakanipho Twala

Date: 26/06/2026


On 24 and 25 June 2026, Lawyers for Human Rights (LHR), Alternative Information and Development Centre (AIDC), and Centre for Applied Legal Studies (CALS) hosted a two-day United Nations Binding Treaty Indaba on Business and Human Rights in Johannesburg. 

This year’s Binding Treaty Indaba consisted of stakeholders from host community activists, civil sector organisations, social movements from the Southern African region, government officials from the Department of International Relations and Corporation, and African State delegates. Together, the participants contemplated deeply about the political environment in which our work is situated and the adjacent issues that result from it. In 2026, we are awakened to the reality that the world that existed when the binding treaty was initiated in June 2014 no longer exists, and this has implications for the work we are trying to achieve.  

A stubborn feature that characterises modern governance is its tendency to bend towards the interests of corporations. This current status quo determines the direction of public and international policy, blurs lines in the regulatory environment, and deepens the dependency of states on transnational corporations. It thus becomes necessary for activists to unmask the relationship between government and corporations in order to dismantle the tools they rely on to corporatize public and international policy and assert their influence in the binding treaty negotiations.  

Understanding how the political world and corporations intertwine could benefit activists with the analytical skills required to ask the right questions, direct attention and efforts into developing campaigns that can complement the Binding Treaty and nullify efforts of corporate lobbyists seeking to dilute the accountability provisions of the treaty.  

The central focus of the 2026 Indaba was to highlight the lived experiences of communities plagued by relentless resource extraction. A common and recurring sentiment from communities was the need for alliance-based collaboration with civil sector organisations, trade unions, and social movements from across the region. While communities spoke vehemently about the environmental degradation and socioeconomic decay caused by mining companies, the discussion focused particularly on the need for alliance strengthening, the discussions rekindled the significance of a tried-and-tested method of mass mobilization and unified effort as a strategy for advocacy campaigns and similar efforts that can complement the Binding Treaty on Business and Human Rights. 

State engagements had to consider a range of issues ahead of the October 2026 negotiations. Chief among these was collaboration between states and its related challenges, debunking anti-treaty myths, and the development of an African Treaty on Business and Human Rights. Commissioner Solomon Dersso argued for a regional treaty because existing global frameworks have not dealt with the power of transnational corporations, especially in the extractive industry which operates mostly in the Global South. The core of his message was that Africa needs an accountability framework that reflects its own history, accounts for power imbalances, and community-based understanding of rights, rather than relying on voluntary corporate principles. The Commissioner emphasized the need for transparency, public interest disclosure and substantive consultation in the enforcement and implementation of the treaty. Importantly, participants also expressed the need to prevent trade and direct foreign investment agreements from overriding human rights protections.  

The two-day Binding Treaty Indaba closed with reflections and discussions on a coordinated African strategy, strengthening regional cooperation and next steps. The group stressed the need to strengthen the accountability architecture of the treaty by addressing structural barriers such as complex corporate structures and complex supply chains that prevent corporate accountability. The need for a human right based due diligence mechanism was stressed alongside rules of prescription that do not consider the length of time it can take before the effects of environmental degradation can manifest.  

The Binding Treaty negotiations are at a critical point, and the next two years are especially important. A new draft treaty is expected in 2027, and adoption is being targeted for 2028. This means 2026 and 2027 are decisive years for consolidating Global South support, strengthening existing treaty language, and countering anti-treaty myths peddled by corporate lobbyists. The 2026 Binding Treaty Indaba therefore concluded not only with a sense of urgency, but also with a renewed commitment to collective action in pursuit of justice, accountability, and the protection of human rights. 

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