Corporate accountability for human rights abuses, such as slavery, torture, forced eviction, and child labor, is an area internationally recognized as needing significant improvement. Through its recent initiatives, the UN Office of the High Commission for Human Rights (OHCHR) is attempting to address this issue and increase access to remedies for victims of business-related human rights abuses.
In February 2014, the OHCHR published an initial independent legal study, which analyzed the effectiveness of domestic judicial responses to business involvement in gross human rights abuses. The study concluded that the “the present system of domestic law remedies is patchy, unpredictable, often ineffective and fragile” and requires urgent and renewed focus to assist victims of gross human rights abuses. The project aims to bring this focus to domestic jurisdictions.
In June 2014, the UN Human Rights Council passed a resolution requesting the High Commissioner for Human Rights explore “legal options and practical measures to improve access to remedy for victims of business-related human rights abuses” and provide a final report to the Council by June 2016. The resulting “Initiative on Enhancing Accountability and Access to Remedy In Cases of Business Involvement in Human Rights Abuses,” also known as the Accountability and Remedy Project, aims to strengthen and improve available domestic law remedies in cases of business involvement in severe human rights abuses.
OHCHR is currently in the information gathering phase of the project, conducting a global online survey in an attempt to receive information specific to jurisdictions around the world. OHCHR ultimately intends to use this information to tailor its recommendations on access to remedy and accountability to those specific jurisdictions where business-related human rights abuses are occurring. OHCHR will accept online submissions for the project until August 1, 2015.
While not a formal consultation, a meeting at the American Bar Association (ABA) last month allowed interested individuals and organizations (such as the ABA, CIEL, and the International Corporate Accountability Roundtable) to comment on the project and discuss issues relating to both its substance and process. Participants raised concerns relating to, among other things, the barriers human rights victims face in accessing remedies. OHCHR identified financial barriers as being the main focus of the project, particularly for victims of human rights abuses in developing countries.
The issue of corporate accountability and access to remedy, at both a domestic and transnational level, is an area in which CIEL is closely involved. Through increased collaboration between governments and civil society organizations, the Accountability and Remedy Project could result in tangible improvements to access to remedy for victims of human rights violations.
Originally posted on August 11, 2015.