A/HRC/31/50
NGOs called for clarifying and affirming the liability of companies, including private
military corporations for violations they have committed, even if hired by States or by the
United Nations, which should neither shield their liability nor limit access to remedy for
victims.
96.
Several NGOs noted that a treaty should specify the ways in which transnational
corporations and other business enterprises participate in committing human rights abuses,
including corporate complicity and parent company responsibility for the offences
committed by its subsidiaries, suppliers, licensees and subcontractors. Corporate legal
responsibility should not exclude the legal responsibility of company directors or managers.
97.
In response to questions, one panellist noted that a treaty could declare in its
preamble that human rights enjoy normative supremacy and that such an instrument could
include a section requiring States to include human rights labour and environmental
standards in bilateral investment treaties. One panellist noted the need for convergence with
the outcomes of the OHCHR accountability and remedy project. Another panellist recalled
that not all States had ratified all instruments and not all human rights were recognized in
all jurisdictions. It was therefore argued that it would be better for a treaty to avoid
establishing a uniform standard of corporate responsibility.
H.
Panel VIII. Building national and international mechanisms for access
to remedy, including international judicial cooperation, with respect to
human rights violations by transnational corporations and other
business enterprises. – OHCHR accountability and remedy project
98.
The panel discussion focused on the need for greater access to effective judicial and
non-judicial remedy for victims of business-related human rights abuses. It was advocated
that there was a need for an international legally binding instrument to complement existing
national, regional and international efforts, and that such an instrument should ensure the
full scope of remedies and generate clear mechanisms for redress.
99.
One panellist provided details of the OHCHR accountability and remedy project,
which aims to provide conceptual, normative and practical clarification of key issues and to
enhance accountability and access to remedy in cases of business involvement in serious
human rights abuses. A key objective would be to use the information collected and
evaluated to inform “good practice guidance”.
100. Another panellist focused on the barriers to civil litigation. It was argued that the key
legal hurdle in home State cases was jurisdiction and asserting the liability of the parent
company. Another hurdle was corporate complicity in human rights violations perpetrated
by the State. Procedural hurdles also included access to documents and the availability of
class action procedures, but the overriding practical hurdle was the availability of funding
for legal representation.
101. One panellist focused on the role and potential of national human rights institutions
that are exploring new modalities and protocols for cross-border cooperation to secure
remedy for abuses resulting from transnational business activities. It was highlighted that
the value added and effectiveness of a binding instrument would depend on its ability to
complement existing national, regional and international efforts in the field of business and
human rights.
102. Another panellist said that current legal remedies remained elusive and more
uniform standards were needed. A treaty was required because, while necessary, national
systems for remedy were not sufficient. Likewise, an effective remedy would be one that
included not only pecuniary measures, but also injunctive relief and apology. It was
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