2015-07-16 Important opportunity to document corporate crimes - Human Rights violations
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Given the increase in criminal conduct by banks and large corporations under the new Greater Depression, the issue has become a major Human Rights issue.
Now, the UN Human Rights Council is opening an international consultation on the subject. There is no expectation of real action, and the UN has no enforcement authority and powers in such matters. However, it is an important opportunity to document the criminality of banks and large corporations. jz
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Initiative on enhancing accountability and access to remedy in cases of business involvement in human rights abuses
========================
Given the increase in criminal conduct by banks and large corporations under the new Greater Depression, the issue has become a major Human Rights issue.
Now, the UN Human Rights Council is opening an international consultation on the subject. There is no expectation of real action, and the UN has no enforcement authority and powers in such matters. However, it is an important opportunity to document the criminality of banks and large corporations. jz
________
Initiative on enhancing accountability and access to remedy in cases of business involvement in human rights abuses
Strengthening access to remedy
The right to a remedy is a core tenet of the international human rights system, and the need to strengthen access to remedy is also recognized in the UN Guiding Principles on Business and Human Rights.
However, extensive research has shown that in cases where business enterprises are involved in human rights abuses, victims often struggle to access remedy. The challenges that victims face are both practical and legal in nature. To begin to address these challenges, OHCHR has recently launched a programme of work that aims to contribute to a fairer and more effective system of domestic law remedies in cases of business involvement in severe human rights abuses.
This programme, which has also received a mandate from the Human Rights Council (resolution 26/22), aims to deliver credible, workable guidance to States to enable more consistent implementation of the Guiding Principles in the area of access to remedy. The guidance will be developed through inclusive multi-stakeholder processes, and will be designed to take into account different legal systems, cultures, traditions and levels of economic development.
The programme of work comprises six distinct, but interrelated projects, which range from getting clarity on the legal tests for corporate accountability for involvement in gross human rights abuses to strategies to overcome financial obstacles to accessing remedy mechanisms. The projects have been selected because of their strategic value and potential to improve accountability from a practical, victim-centred perspective.
Global consultation and research process
OHCHR invites all stakeholders to provide input to the Accountability and Remedy Project by 1 August 2015 via a global online consultation.
The consultation aims to gather information about the legal situation with respect to corporate liability under criminal, quasi-criminal and civil law; funding of legal claims; criminal law sanctions; civil law remedies and cases involving prosecution of companies for involvement in severe human rights abuses. Stakeholders can submit information to all or parts of the consultation questionnaire
The right to a remedy is a core tenet of the international human rights system, and the need to strengthen access to remedy is also recognized in the UN Guiding Principles on Business and Human Rights.
However, extensive research has shown that in cases where business enterprises are involved in human rights abuses, victims often struggle to access remedy. The challenges that victims face are both practical and legal in nature. To begin to address these challenges, OHCHR has recently launched a programme of work that aims to contribute to a fairer and more effective system of domestic law remedies in cases of business involvement in severe human rights abuses.
This programme, which has also received a mandate from the Human Rights Council (resolution 26/22), aims to deliver credible, workable guidance to States to enable more consistent implementation of the Guiding Principles in the area of access to remedy. The guidance will be developed through inclusive multi-stakeholder processes, and will be designed to take into account different legal systems, cultures, traditions and levels of economic development.
The programme of work comprises six distinct, but interrelated projects, which range from getting clarity on the legal tests for corporate accountability for involvement in gross human rights abuses to strategies to overcome financial obstacles to accessing remedy mechanisms. The projects have been selected because of their strategic value and potential to improve accountability from a practical, victim-centred perspective.
Global consultation and research process
OHCHR invites all stakeholders to provide input to the Accountability and Remedy Project by 1 August 2015 via a global online consultation.
The consultation aims to gather information about the legal situation with respect to corporate liability under criminal, quasi-criminal and civil law; funding of legal claims; criminal law sanctions; civil law remedies and cases involving prosecution of companies for involvement in severe human rights abuses. Stakeholders can submit information to all or parts of the consultation questionnaire
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