A/HRC/29/39
very low number of business enterprises prosecuted in national courts for involvement in
gross human rights abuses. After the study was published in February 2014, OHCHR
invited all stakeholders to respond to the key findings.3 This public consultation process
took place in the first half of 2014. On the basis of the study’s findings and the submissions
received from stakeholders, OHCHR drew up plans for further work that underwent a
process of expert review in September 2014. The OHCHR expert review group comprised
representatives of States, United Nations agencies, business organizations, trade union
representatives, law firms, barristers’ chambers, academic institutions and civil society
groups.
4.
Recognizing the need for greater international focus on the issue of access to remedy
and for additional guidance on the implementation of the pillar on access to remedy of the
Guiding Principles, the Human Rights Council, in paragraph 7 of its resolution 26/22,
requested the High Commissioner to continue work to facilitate the sharing and exploration
of the full range of legal options and practical measures to improve access to remedy for
victims of business-related human rights abuses, in collaboration with the Working Group
on the issue of human rights and transnational corporations and other business enterprises,
to organize consultations with experts, States and other relevant stakeholders to facilitate
mutual understanding and greater consensus among different views. The Council also
requested the High Commissioner to publish a progress report on that work before its
twenty-ninth session and to present a final report for consideration at its thirty-second
session.
5.
In November 2014, in response to the issues identified in the initial study and in
subsequent submissions and expert meetings, and pursuant to the mandate from the Human
Rights Council, OHCHR launched the accountability and remedy project to contribute to
making domestic legal responses fairer and more effective for victims of business-related
human rights abuses, particularly in cases of severe abuses. In accordance with Council
resolution 26/22, OHCHR will submit a report on the outcomes and findings of the project
at the Council’s thirty-second session. The present report provides an overview of the
project, its scope and methodology, progress to date and key findings emerging from
various preparatory research activities.
B.
Aims and scope
6.
The overall aim of the accountability and remedy project is to develop
recommendations and guidance for States on how to achieve a fairer and more effective
system of domestic law remedies in cases of business-related human rights abuses,
particularly in cases of severe abuses.
7.
OHCHR understands a “fairer and more effective system of domestic law remedies”
to be one in which all victims, without discrimination, have access to an effective remedy
and no one is denied access to justice because of his or her location; in which victims are
able to seek justice irrespective of their financial resources; that is based on clear standards
of corporate behaviour; and in which enforcement and sanctions ensure accountability and
contribute to preventing future harm.
8.
To this end, the project has two key aims:
(a)
3
4
To clarify standards and tests for corporate legal liability under domestic law;
A summary of the submissions is available from
www.ohchr.org/Documents/Issues/Business/DomesticLawRemedies/RemedyProject1.pdf.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents