A/HRC/31/50
proposed that any treaty should take a comprehensive jurisdictional approach and an
evidence- and reality-based approach. It was also mentioned that cooperation with regard to
international legal aid should be fostered, in the form of establishing a fund to provide
victims with adequate legal representation.
103. Some delegations stressed that access to justice was one of the fundamental aspects
for States and at the same time it was one of the clear gaps in cases of impunity for human
rights violations perpetrated by corporations. One delegate described the present system of
domestic law remedies as patchy, unpredictable and ineffective. Another delegate recalled
the need for a treaty to establish mechanisms to allow natural persons whose human rights
had been violated to have binding redress. Several delegates suggested that a convergence
of approaches might be helpful and called for collaboration, capacity-building and mutual
assistance on due diligence investigations, administration of justice and enforcement of
judgements. Likewise, variations between the economic and development conditions of
States, their histories and cultural characteristics must be taken into account. While the duty
of States to protect human rights was universally accepted, it should be complemented by a
comprehensive and balanced manner of addressing the obligations of transnational
corporations and other business enterprises with respect to human rights.
104. Several delegates underlined the need for a future instrument to be accompanied by
a robust monitoring and enforcement mechanism for legal and judicial redress, as well as
rules for applying sanctions in order to avoid impunity. If such a mechanism was
established, it must provide adequate legal representation for victims. Numerous delegates
submitted that victims must be at the centre of the discussions and the instrument should
include provisions to ensure access to justice by affected communities in home and host
States.
105. Some NGOs advocated for a treaty that provided access to justice and effective
remedy mechanisms, including administrative, non-judicial and judicial remedies. The lack
of remedy mechanisms in the home State of the corporation was recognized as a barrier for
access to justice, thus the principle of complementarity between the home and the host State
jurisdiction should be included. A group of NGOs highlighted the need for a treaty to
address legal and logistical barriers for access to justice, including jurisdictional limitations,
corporate veil, impediments to disclosure of documents, restrictions of prescription, legal
costs and limitation of class actions, among other factors. Others called for effective bodies
of enforcement, such as a committee for compliance oversight or a public centre for control
of transnational corporations. Finally, another group of NGOs called for a world court or
tribunal that could receive claims, adjudicate and enforce judgements, and could operate in
complementarity with national and regional instruments.
V. Recommendations of the Chair-Rapporteur and conclusions
of the working group
A.
Recommendations of the Chair-Rapporteur
106. Following the discussions held during the first session of the working group,
and acknowledging the different views and suggestions on the way forward, the
Chair-Rapporteur makes the following recommendations:
(a)
A second session of the working group should be held in 2016 according
to the mandate of the working group established in Human Rights Council resolution
26/9;
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