A/HRC/32/19
intimidation and reprisals, and compliance with those procedures is properly monitored and
evaluated.
7.2
Systems are in place to ensure that enforcement agency employees are aware of and
take proper account of issues relating to gender, vulnerability and/or marginalization in
their dealings with relevant individuals and groups.
Policy objective 8: Enforcement agencies are able to take decisions independently in
accordance with publicly available policies, without the risk of political interference in
their operations, and to high ethical standards.
8.1
Enforcement agencies have the ability and independence, in law and in practice, to
commence an investigation into and take enforcement action with respect to allegations of
business-related human rights abuses at their own initiative and without the need for a
formal complaint by or on behalf of an affected person or group.
8.2
Employees of enforcement agencies are held to high standards of personal and
professional conduct and laws, and standards relating to legal ethics, conflicts of interest,
bribery and corruption are rigorously enforced.
Cooperation in cross-border cases
Policy objective 9: Enforcement agencies and judicial bodies can readily and rapidly
seek legal assistance and respond to requests from their counterparts in other States
with respect to the detection, investigation, prosecution and enforcement of crossborder cases concerning business involvement in severe human rights abuses.
9.1
The State sets out a clear policy expectation that enforcement agencies and judicial
bodies will be appropriately responsive to requests from the relevant agencies of other
States in cross-border cases.
9.2
The State ensures that appropriate bilateral and multilateral arrangements are in
place to enable enforcement agencies and judicial bodies to request mutual legal assistance
from relevant counterparts in other States in cross-border cases.
9.3
The State enables its enforcement agencies, where appropriate, to carry out crossborder investigations and prosecutions through joint investigation teams or other similar
arrangements.
9.4
The State ensures that its enforcement agencies and judicial bodies have access to
the necessary information, support, training and resources to enable personnel to make the
best use of arrangements with other States for cooperation in cross-border cases.
9.5
The State is actively involved with relevant bilateral and multilateral initiatives
aimed at improving the ease with which and speed at which (a) requests for mutual legal
assistance can be made and responded to; and (b) information can be exchanged between
enforcement agencies and/or judicial bodies in cross-border cases, including through
information repositories that provide clarity on points of contact, core process requirements
and systems for updates on outstanding requests.
9.6
Enforcement agencies and judicial bodies support and encourage the involvement of
their personnel in relevant bilateral and multilateral initiatives and networks aimed at (a)
facilitating contact and exchange of know-how between counterparts in other States; and
(b) promoting awareness of different opportunities and options for international cooperation
and the provision of legal assistance in cross-border cases.
9.7
The State keeps under review the scope, adequacy and appropriateness of its
arrangements for mutual legal assistance with other States in the light of relevant factors,
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