A/HRC/42/38 (c) States should ensure access to justice, reparation and effective remedies for those whose rights have been violated as a result of natural resource exploitation. 151. States should put into place effective mechanisms to guarantee that development projects are carried out according to international transparency standards and in line with the Rio Declaration on Environment and Development. 152. Parliamentary committees tasked with addressing issues related to the right to development should provide oversight when the right has been violated. 153. States should employ inquiries and public hearings as additional means of accountability. 154. In addition to judicial and administrative remedies, States should establish and strengthen institutional grievance mechanisms through which communities and individuals can express their concerns about development processes, including those involving the private sector. Doing so would address the difficulties communities face in accessing justice through the judiciary because of the protected status of corporations and avoid the need for protests that arise from the lack of effective grievance mechanisms. 155. States where transnational corporations and other business enterprises (or their parent or controlling companies) are hosted or incorporated should take measures – including the necessary administrative, legislative, investigative and adjudicatory measures – to ensure that independent authorities provide prompt, accessible and effective remedies for the human rights violations of these enterprises. 156. Governments should regulate the actions of the private sector in line with the Guiding Principles on Business and Human Rights. In particular, States should require businesses to undertake human rights due diligence and impose criminal liability for businesses that violate human rights. 157. National human rights institutions should take up economic, cultural, environmental and social rights claims and claims related to the right to development. In addition to playing a stronger role in promoting and protecting these rights, national human rights institutions should advocate in favour of making violations of these rights justiciable in their countries. Specifically, they should: (a) Refer to specific Sustainable Development Goals when analysing cases in order to illustrate how those cases relate to development outcomes. This is particularly relevant when national human rights institutions have signed a declaration agreeing to monitor the implementation of the Goals in their own countries; (b) Actively raise issues related to the right to development at the national and international levels, including when participating in universal periodic review processes and in treaty body reviews; (c) Monitor States’ fulfilment of their extraterritorial obligations, for example in the context of countries’ foreign investments; (d) Conduct investigations and put forward recommendations to Governments not only in response to human rights violations that have already taken place but also prospectively, to ensure that proposed development policies comply with human rights principles. 158. States should provide a safe environment that protects human rights defenders and civil society organizations, thereby enabling them to freely play their role in protecting the right to development. Specifically: (a) States and intergovernmental organizations should consult and collaborate with human rights defenders, recognizing the role they play in advancing the right to development, especially in the defence of land, natural resources and the environment more generally (see A/71/281); (b) States should empower and protect civil society organizations and defenders fighting corruption and financial crimes, seeking social justice, investigating illicit financial flows and documenting the adverse impacts of development policies and projects; 18

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