A/HRC/44/56 B. Realizing access to effective remedy 40. While participants addressed the systematic challenges faced in virtually all business sectors in ensuring access to an effective remedy in line with the third pillar of the Guiding Principles and the policy recommendations arising from the OHCHR Accountability and Remedy Project,16 they also discussed challenges specific to certain business contexts, such as that of digital technologies. 41. With respect to specific challenges, participants highlighted that, in most cases of displacement caused by natural disasters, major infrastructure projects such as dams and agribusiness and extractive industry activities, there was a systematic failure to provide victims with an effective remedy or compensation. The question of parent companies that might face expansive liability for the actions of their overseas subsidiary companies was also raised. 42. In another session, participants discussed the role of national human rights institutions and the factors that affect their ability to provide access to remedies for business-related human rights abuses. Examples were given of the challenges and limitations that such institutions faced in facilitating access to remedy and of effective strategies for overcoming them. 43. The role of mediation in the context of access to remedy was also discussed, with participants agreeing on the need for specific preconditions to ensure that the mediation process complements, but does not replace, access to judicial remedies and comply with effectiveness criteria under principle 31 of the Guiding Principles, including by addressing power imbalances between the parties. C. Leading by example 44. The programme of work included various sessions on the role of States as economic actors and on the expectation that States, as primary duty bearers under international human rights law, should lead by example (A/HRC/32/45, para. 94). 45. One session was dedicated to the role of public investments and, especially, public pension funds in scaling up respect for human rights. Information was shared on the experiences of the councils on ethics of two national pension funds: the Council on Ethics of the Government Pension Fund Global of Norway and the Council on Ethics of the Swedish National Pension Funds. The representatives of both councils explained how they had addressed human rights risks and embedded the Guiding Principles in their work. Furthermore, they reflected on how to exercise leverage to achieve more human rightscompliant business practices, including through the development of “expectation documents” on both human rights and children’s rights and on investigations. Participants noted that such initiatives had great potential to help to mainstream the Guiding Principles in the investment community and to drive more responsible business practices in line with the Guiding Principles. 46. The promotion of human rights through public procurement, in line with target 12.7 of the Sustainable Development Goals, was discussed. Public procurement was seen as important for upholding respect for human rights in the business sector. Challenges remained, however, including: insufficient political commitment by Governments and policymakers, a lack of understanding by procurers, a lack of policy coherence, the absence of a gender-sensitive approach in most countries, a lack of peer-learning platforms and the continuing presence of corruption in public procurement. 47. In another session, participants addressed the role of State-owned enterprises, which were acknowledged as an enduring and significant feature of the global economy that could have major environmental, social and human rights impacts. It was noted that, while some State-owned enterprises were leaders in terms of responsible business conduct and human rights, others lagged behind and were involved in business-related human rights abuses. 16 10 See www.ohchr.org/EN/Issues/Business/Pages/OHCHRaccountabilityandremedyproject.aspx.