A/HRC/29/39
possible “good-practice models” for States, taking into account innovations from other
areas of private law. Information will be gathered primarily through the global online
consultation and the detailed comparative process described below (see sect. II.B);
(f)
Project component 6, on practices and policies of domestic prosecution
bodies. This component aims to investigate the reasons behind the apparently very low
levels of activity by domestic criminal law enforcement agencies in relation to alleged
business involvement in gross human rights abuses. It will seek to identify challenges faced
by domestic prosecutors in such cases and to develop a set of recommendations for States
on ways to begin addressing those challenges. Information will be gathered and analysis
will be conducted primarily through face-to-face work with prosecutors and other experts
from law enforcement, regulatory bodies and academic institutions.
B.
Global online consultation and detailed comparative process
14.
The accountability and remedy project research process has been designed to make
sure that any recommended action is well-directed and capable of improving access to
justice for victims at a practical level. Whether legal, practical or technological
interventions are called for, they must be capable of responding to local needs, structures
and contexts. Local knowledge and insight is needed to ensure that proposals are capable
both of being implemented and of producing the desired results. This requires engagement
with experts in a wide range of jurisdictions, across different geographical areas, legal
systems and traditions and stages of economic development.
15.
To maximize the time and resources available, information for four of the six
projects is being gathered through two complementary research processes: the global online
consultation, which consists of a global online survey; and the detailed comparative
process, which consists of a focused, in-depth research process into 25 focus jurisdictions.
16.
The information from both processes will be reviewed and analysed by independent
expert academic reviewers who have agreed to contribute their time and expertise to the
project. The methodology aims to include a wide range of stakeholders in the research and
information-gathering process and to subject all findings to thorough multi-stakeholder
consultations. Both processes will continue until August 2015, at which point OHCHR will
begin project-specific analysis in collaboration with stakeholders and academic experts.
17.
At the time of submitting the present report, the global online consultation was being
prepared for launch at the end of April 2015. The consultation consists of a global online
survey in English, French and Spanish through which all stakeholders with relevant
knowledge of a jurisdiction may submit information. The survey covers tests for assessing
corporate legal liability under criminal, quasi-criminal and civil law; funding options for
legal claims; criminal and quasi-criminal law sanctions; civil law remedies; and issues
related to the work of domestic prosecution bodies in bringing cases against business
enterprises. The consultation will remain open until 1 August 2015.
18.
OHCHR encourages all relevant stakeholders, in particular States, to contribute to
the project by submitting information through the global online consultation. Gathering
information on a wide range of jurisdictions is critical to helping to ensure that the
recommendations for each project take into account the realities on the ground. The global
online consultation seeks to ensure that data is collected from the widest possible range of
jurisdictions, with the aim of ensuring that the eventual outputs and findings take account of
a broad range of legal traditions and systems, respond to the actual situations encountered
in different States and are fit-for-purpose for all States. It is also an opportunity for all
stakeholders to provide comments about opportunities and challenges and information
about relevant cases and situations they have encountered.
7
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