A/HRC/8/5
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the collective leverage of organizations and their members to achieve solutions; and reduce the
resource implications for the individual entities involved. The organizations concerned must
remain responsible for ensuring that any such mechanism meets the minimum principles
described above.
F. Gaps in access
102. The foregoing describes a patchwork of grievance mechanisms at different levels of the
international system, with different constituencies and processes. Yet considerable numbers of
individuals whose human rights are impacted by corporations, lack access to any functioning
mechanism that could provide remedy. This is due in part to a lack of awareness as to where
these mechanisms are located, how they function, and what supporting resources exist. NHRIs,
NGOs, academic institutions, governments and other actors could address this gap through
improved information flows.
103. Yet this is not solely about a lack of information. It also reflects intended and unintended
limitations in the competence and coverage of existing mechanisms. Consequently, some actors
have proposed the creation of a global ombudsman function that could receive and handle
complaints. Such a mechanism would need to provide ready access without becoming a first port
of call; offer effective processes without undermining the development of national mechanisms;
provide timely responses while likely being located far from participants; and furnish appropriate
solutions while dealing with different sectors, cultures and political contexts. It would need to
show some early successes if faith in its capacity were not quickly to be undermined. To perform
these tasks any such function would need to be well-resourced. Careful consideration should go
into whether these criteria actually can and would be met before moving in this direction.
V. CONCLUSION
104. The current debate on the business and human rights agenda originated in the 1990s,
as liberalization, technology, and innovations in corporate structure combined to expand
prior limits on where and how businesses could operate globally. Many countries, including
in the developing world, have been able to take advantage of this new economic landscape
to increase prosperity and reduce poverty. But as has happened throughout history, rapid
market expansion has also created governance gaps in numerous policy domains: gaps
between the scope of economic activities and actors, and the capacity of political
institutions to manage their adverse consequences. The area of business and human rights
is one such domain.
105. In fact, progress has been made in the past decade, at least in some industries and
by growing numbers of firms. The Special Representative’s 2007 report detailed novel
multi-stakeholder initiatives, public-private hybrids combining mandatory with voluntary
measures, and industry and company self-regulation. All have their strengths and
shortcomings, but few would have been conceivable a mere decade ago. Likewise, there is
an expanding web of potential corporate liability for international crimes, reflecting
international standards but imposed through national courts. Governments have adopted a
variety of measures, albeit gingerly to date, to promote a corporate culture respectful of
human rights. Fragments of international institutional provisions exist with similar aims.
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