A/HRC/23/32
(c)
To strengthen the uptake of the Guiding Principles in the global governance
frameworks of the financial sector.
4.
Access to judicial remedy
47.
The Working Group notes the multiple legal and practical barriers for victims in
their access to judicial remedies for negative cases of impact of business activities,
including the cost of such mechanisms; the lack of resources and legal assistance available
for victims; the complexity of corporate structures and contractual relationships; the lack of
access to information; jurisdictional challenges; the burden of proof; political obstacles; the
difficulties in enforcing judgements; the lack of legal avenues at the national level; the
restrictive investment agreements; and weak regulatory regimes. The Working Group also
notes with concern the reports heard during the Forum of grave allegations of harassment,
persecution and reprisals faced by victims and human rights defenders when seeking
judicial remedy. The Working Group stresses the need:
(a)
For States to address the legal and practical barriers for victims in their access
to judicial remedies in the implementation of the Guiding Principles, as well as protecting
victims and human rights defenders from harassment, persecution and reprisals;
(b)
For business enterprises to ensure that they cooperate and do not weaken the
integrity of judicial processes;
(c)
To build evidence of good practices by States in overcoming such barriers;
(d)
To further explore possible developments to address the lack of judicial
remedies for gross human rights abuses.
5.
Access to non-judicial remedies
48.
The Working Group notes that victims face multiple barriers in their access to nonjudicial remedies, and challenges with regard to the effectiveness of non-judicial
mechanisms. The Working Group also notes the lessons learned and examples shared
during the Forum with regard to mechanisms for providing non-judicial remedies, including
State-based mechanisms, grievance mechanisms based within intergovernmental
organizations, multi-stakeholder mechanisms and company based mechanisms. The
Working Group stresses the need:
(a)
To conduct further research on the elements and criteria for effective nonjudicial remedies;
(b)
To issue more detailed guidance to stakeholders on how to ensure nonjudicial remedies are more effective for victims.
6.
Role of civil society
49.
The Working Group notes the role of civil society organizations and human rights
defenders in raising awareness of the grave negative human rights impact of some business
activities, as well as the harassment, persecution and reprisals faced by human rights
defenders and civil society organizations that try to address such forms of impact and
ensure access to remedies for victims. The Working Group stresses the need:
(a)
To increase support for civil society organizations and human rights
defenders for their work in advocating for the implementation of the Guiding Principles, in
particular with regard to access to remedies for victims;
(b)
To strengthen the protection of civil society organizations and human rights
defenders from harassment, persecution and reprisals linked to their work;
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