A/HRC/29/39
II. Accountability and remedy project
A.
Overview of project components
13.
The accountability and remedy project comprises six distinct but interrelated
components. Each component has been chosen based on issues identified in research and
consultations as requiring further clarification in terms of policy and principles. The
components have also been selected for their strategic value and the potential they have to
result in outcomes that can make a practical difference for affected stakeholders in the
short-to-medium term. Each component is distinct and has its own methodology, but is
linked in important ways to the others. In all cases, the methodology is based on inclusive
multi-stakeholder and expert inputs and consultations. The six project components are the
following:
(a)
Project component 1, on domestic law tests for corporate accountability. This
component will clarify how different domestic legal systems attribute and assess corporate
legal liability for serious human rights abuses. It will identify good practices to guide States
in deciding which factors need to be taken into account in assessing corporate liability in
cases of alleged involvement in serious human rights abuses. Information will be gathered
primarily through the global online consultation and the detailed comparative process
described below (see sect. II.B);
(b)
Project component 2, on the roles and responsibilities of interested States.
This component will explore State practices 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. Analyses will primarily take
place through face-to-face work with government representatives, which will be
complemented by multi-stakeholder consultations and discussions. Preparatory studies of
State practice have been carried out in relation to labour rights issues and current State
practices and attitudes with respect to the use of extraterritorial jurisdiction, examples of
which are provided through amicus curiae briefs by sovereign States in cases involving the
alien tort statute in the courts of the United States of America. The findings of these
preparatory studies will be used to inform future work and discussions (see sects. III.B-C);
(c)
Project component 3, on overcoming financial obstacles to legal claims. This
component will look at strategies and practices to assist claimants who would otherwise be
prevented from accessing judicial mechanisms owing to legal costs, and result in guidance
on “minimum steps” and “good-practice options” for States. Information will be gathered
primarily through the global online consultation and the detailed comparative process
described below (see sect. II.B). To complement these processes, OHCHR has also
conducted a review of recent comparative research in relation to the costs of bringing legal
claims under private law (see sect. III);
(d)
Project component 4, on criminal sanctions. This component will survey
current and emerging State practice in relation to criminal sanctioning of corporations for
serious human rights abuses and identify “good-practice models” for States, taking into
account innovations from other areas of criminal law. Information will be gathered
primarily through the global online consultation and the detailed comparative process
described below (see sect. II.B);
(e)
Project component 5, on civil law remedies. This component will survey
current and emerging State practice in relation to civil law (private law) damages in cases
of serious corporate human rights harm, explore the role of domestic judicial mechanisms
in relation to the supervision and implementation of settlements and awards, and identify
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