A/HRC/29/39
19.
The detailed comparative process is a focused, in-depth research process comprising
legal research done by legal experts in relation to 25 focus jurisdictions, the results of
which will be used for comparative analysis. The 25 jurisdictions have been carefully
chosen to reflect geographical and regional diversity, as well as a diversity of legal systems
and traditions and levels of economic development. The process comprises two tracks, the
first of which focuses on legal research into the current laws in the focus jurisdictions and
the second of which focuses on gathering practical experiences and perspectives from
public interest lawyers and others who represent victims of business-related human rights
abuses before the courts.
20.
At the time of submitting the present report, the detailed comparative process had
commenced for most of the selected focus jurisdictions. After reports on the results arising
from the two tracks have been submitted, OHCHR will work with academics to review the
information received and help contextualize it with reference to the overall legal system and
broader social and economic issues of each focus jurisdiction.
C.
Future consultations and next steps
21.
Subject to obtaining sufficient resources, OHCHR plans to hold expert meetings and
consultations for each of the six projects starting in September 2015 and to be completed by
the first quarter of 2016. In collaboration with the Working Group on the issue of human
rights and transnational corporations and other business enterprises, initial findings and
analysis from the projects under the accountability and remedy project will be presented at
the Forum on Business and Human Rights to be held in Geneva from 16 to 18 November
2015, to enable multi-stakeholder discussion in a public format.
22.
Initial findings and areas for further inquiry arising from the activities undertaken to
date are outlined in section III below.
III. Preliminary research: key outputs and issues
A.
Preparatory work relating to project component 2: roles and
responsibilities of interested States
23.
As noted above, project component 2 of the accountability and remedy project will
explore State practice and attitudes with respect to the appropriate use of extraterritorial
jurisdiction and domestic measures with extraterritorial implications. It will identify good
practices to guide States in managing cross-border cases and explore possible models of
international and bilateral cooperation.
24.
Not all cases involving allegations of business-related human rights abuses raise
cross-border issues. In cases where those involved are all located in and the relevant facts
have all taken place in a single jurisdiction, questions of extraterritorial jurisdiction and
international cooperation may not arise. However, cases of business involvement in serious
human rights abuses do frequently involve a cross-border element. In many cases, this is
because those involved are located in more than one jurisdiction or because other
connecting factors to a prosecution or dispute (such as material actions or decisions) are
alleged to have occurred or been made in different jurisdictions.
25.
Cross-border cases give rise to a particular set of difficulties for domestic law
enforcement bodies, prosecutors and victims. Extensive research by civil society
organizations and others has documented the many challenges involved in accessing
judicial remedy in these kinds of cases. These comprise legal challenges (such as
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