For an effective remedy for the victims of business-related human rights abuses
The National Human Rights Council (CNDH) hosted on the 2nd and 3rd of March 2016 an international workshop on the role of National Human Rights Institutions (NHRIs) in providing an effective remedy for the victims of business-related human rights abuses. The workshop was held at CNDH’s National Human Rights Training Institute, in partnership with the International Coordinating Committee of NHRIs (ICC) and the Danish Institute for Human Rights. It was initiated by the ICC’s Working Group on Business and Human Rights.
Experts from the Office of the High Commissioner for Human Rights (OHCHR) and the International Federation for Human rights (FIDH) and representatives of NHRIs from Cameroon, Germany, Ghana, Kenya, Malaysia, Mongolia, Morocco, the Philippines, South Africa, and Uganda participated in this international workshop on the role of National Human Rights Institutions in providing remedy for business-related human rights abuses.
Speaking at the closing session of this two-day intensive debate, CNDH President Driss El Yazami stressed the effectiveness of “networking, not only with human rights experts and institutions but also with the other stakeholders, including businesses, trade unions, civil society and experts working in other fields of action”. Complementarity is a key to achieving effective results in this new field of action, he said, referring to the field of business and human rights.
The participants exchanged on the role of NHRIs to ensure effective remedy for the victims of business-related human rights abuses, at national regional and international levels. They called for effective cooperation and networking between NHRIs to share best practices and work together in potential transnational cases.
The capacity to investigate, necessary expertise, networking and technical and financial support are ingredients for any effective remedy to the victims of business-related human rights abuses, the participants said. The effective implementation of NHRIs’ Recommendations can indeed help provide an effective remedy for the victims.
The workshop particularly discussed the remedy framework for business-related human rights abuses and NHRIs’ contribution to remedy through complaints-handling and mediation and through public inquiries and formal investigations. They exchanged on the potential role and contribution of these institutions in facilitating access to remedy for the victims of business-related human rights abuses.
Should NHRIs have court-like powers? Should they handle these abuses through reconciliation and mediation? Do all these institutions have the powers to handle business-related human rights abuses through complaint-handling mechanisms and investigations? These are some of the provoking questions that the participants reflected upon. Some already have such powers and other institutions should strengthen their capacities in this regard.
The recommendations and conclusions of the workshop will be submitted to the ICC, the OHCHR, and the UN Working Group on business and human rights, established in June 2011 by the UN Human Rights Council, after endorsing the UN Guiding Principles on Business and Human Rights.