RES/32/10 Business and human rights: improving accountability and access to remedy

GE.16-12209(E)

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Human Rights Council Thirty-second session

Agenda item 3

Resolution adopted by the Human Rights Council on 30 June 2016

32/10. Business and human rights: improving accountability and

access to remedy

The Human Rights Council,

Recalling its resolutions 8/7 of 18 June 2008, 17/4 of 6 July 2011, 21/5 of 27

September 2012 and 26/22 of 27 June 2014, and Commission on Human Rights resolution

2005/69 of 20 April 2005, and noting Human Rights Council resolution 26/9 of 14 July

2014, all on the issue of human rights and transnational corporations and other business

enterprises,

Recalling in particular that the endorsement of the Guiding Principles on Business

and Human Rights by the Human Rights Council in its resolution 17/4 established an

authoritative framework to prevent and address adverse human rights impact from business

activities, based on the three pillars of the United Nations “Protect, Respect and Remedy”

Framework,

Stressing that the obligation and the primary responsibility to promote and protect

human rights and fundamental freedoms lie with the State,

Emphasizing that transnational corporations and other business enterprises have a

responsibility to respect human rights,

Concerned at legal and practical barriers to remedies for victims of business-related

human rights abuses, which may leave those aggrieved without opportunity for effective

remedy, including through judicial and non-judicial avenues,

Expressing concern at reports of intimidation against victims, witnesses and their

legal representatives regarding cases of business-related human rights abuses, and

emphasizing the need to ensure their safety,

Reaffirming that, as part of their duty to protect against business-related human

rights abuses, States should take appropriate steps to ensure, through judicial,

administrative, legislative or other appropriate means, that when such abuses are committed

within their territory and/or jurisdiction, those affected have access to effective remedy,

Reaffirming in particular that effective judicial mechanisms are at the core of

ensuring access to remedy and that States should take appropriate steps to ensure the

United Nations A/HRC/RES/32/10

General Assembly

effectiveness of such mechanisms when addressing business-related human rights abuses,

including in cross-border cases,

Recalling that States should provide effective and appropriate non-judicial grievance

mechanisms as part of a comprehensive State-based system of remedy for business-related

human rights abuses, and that such mechanisms play an essential role in complementing

and supplementing judicial mechanisms,

Recognizing that addressing legal and practical barriers to accountability and remedy

for victims of business-related abuse requires concerted and comprehensive efforts from all

States, including, as appropriate, the development of legislative and regulatory frameworks,

improvements in the functioning of judicial mechanisms, law enforcement, the

development of policy and of practice, transparency and closer international cooperation,

including in cross-border cases,

Recognizing also the positive and valuable role played by civil society, including

non-governmental organizations, in the promotion and protection of human rights,

including in the context of corporate activity and when seeking accountability and assisting

victims in their access to effective remedies in cases of business-related human rights

abuses, and reaffirming that States are under the obligation to protect all human rights and

the fundamental freedoms of all persons,

Recognizing further the important role of national human rights institutions in

supporting activities to improve accountability and access to remedy for victims of

business-related human rights abuses, including through the effective implementation of the

Guiding Principles on Business and Human Rights,

Recalling that business enterprises should comply with national laws and with the

requirements of judicial processes, address any adverse human rights impact they cause or

contribute to, and not engage in any actions that might weaken the integrity of judicial

processes,

Recognizing the shared interest of business, States and civil society in an

environment that is pluralistic and non-discriminatory, upholding the rule of law and

promoting transparency, and that responsible business enterprises benefit from and often

depend upon legal certainty, transparency and predictability, and fair and effective domestic

judicial mechanisms,

1. Welcomes the work of the United Nations High Commissioner for Human

Rights on improving accountability and access to remedy for victims of business-related

human rights abuse, and notes with appreciation his report on improving accountability and

access to judicial remedy for business-related human rights abuse;1

2. Recognizes that the effective implementation of the Guiding Principles on

Business and Human Rights includes implementation of the access to remedy pillar, and

encourages all States to take appropriate steps to improve corporate accountability and

access to remedy for victims of business-related human rights abuses;

3. Also recognizes that enhancing dialogue and cooperation among all

stakeholders, and creating and maintaining an enabling environment for civil society,

including non-governmental organizations and those engaged in the promotion and

protection of human rights and fundamental freedoms, contribute to improving

accountability and access to remedy for victims of business-related human rights abuses, as

reflected in the Guiding Principles, including the access to remedy pillar;

1 A/HRC/32/19 and Add.1.

4. Encourages States to consider undertaking a review of the coverage and

effectiveness of domestic law regimes that are related to respect by business enterprises for

human rights with a view to improving accountability and access to effective remedy in

cases of business involvement in human rights abuses, taking into account the legal and

practical challenges arising from the organization and management of business enterprises

and complex global supply chains, drawing, as appropriate, from the report of the High

Commissioner;1

5. Also encourages States to develop a comprehensive strategy for improving

accountability and access to remedy, as appropriate, including by taking the report of the

High Commissioner into consideration, in a manner appropriate to local legal structures,

traditions, challenges and needs, for instance as a part of national action plans on business

and human rights and through other related initiatives;

6. Further encourages States to take steps to improve the effectiveness of

international cooperation between State agencies and judicial bodies with respect to law

enforcement of domestic legal regimes to address business-related human rights abuses;

7. Invites States to work through relevant intergovernmental processes to

enhance accountability and access to remedy for victims in cases of business involvement

in human rights abuses;

8. Invites regional and international bodies responsible for promoting and

facilitating international cooperation with respect to cross-border investigation, legal

assistance and enforcement of judicial decisions to take steps to improve the speed and

effectiveness of such cooperation in cross-border cases of business-related human rights

abuses through legal, practical and capacity-building means;

9. Calls upon all business enterprises to meet their responsibility to respect

human rights as stated in the Guiding Principles and in other applicable standards,

including for example by actively contributing to initiatives aimed at fostering a culture of

respect for the rule of law, participating in good faith in domestic judicial processes, and by

establishing effective operational-level mechanisms to enable the early resolution of

grievances;

10. Encourages business enterprises to share publicly information regarding their

human rights policies and procedures to enhance stakeholder engagement with respect to

business operations and the preventative measures that businesses can take;

11. Recognizes the role of the Working Group on the issue of human rights and

transnational corporations and other business enterprises in promoting the effective

implementation of the Guiding Principles and exploring options for enhancing access to

effective remedies, including by, inter alia, using the report of the High Commissioner to

provide guidance on the development and implementation of national action plans and

other related initiatives, and requests the Working Group to prepare a study on best

practices and how to improve on the effectiveness of cross-border cooperation between

States with respect to law enforcement on the issue of business and human rights, drawing

on the report as appropriate, and to report to the Human Rights Council at its thirty-fifth

session;

12. Welcomes the role of the Working Group in guiding the annual Forum on

Business and Human Rights and in convening regional forums to discuss challenges and

lessons learned in a regional context, and invites the Working Group to include challenges,

opportunities and lessons learned when improving accountability and access to judicial

remedy for business-related human rights abuse as an item on the agenda of the annual

Forum in 2016;

13. Requests the High Commissioner to continue his work in this area and to

convene two consultations involving representatives of States and other stakeholders on the

topics covered in paragraphs 4 to 6 above, and to identify and analyse lessons learned, best

practices, challenges and possibilities to improve the effectiveness of State-based non-

judicial mechanisms that are relevant for the respect by business enterprises for human

rights, including in a cross-border context, and to submit a report thereon to be considered

by the Human Rights Council at its thirty-eighth session;

14. Encourages all relevant United Nations programmes and agencies to assist

States upon their requests, including through technical cooperation and capacity-building

activities, and to improve accountability and access to remedy for victims of business-

related human rights abuses by using, as appropriate, the recommendations contained in the

report of the High Commissioner;

15. Encourages national human rights institutions to take into consideration the

recommendations in supporting States in activities relating to improving accountability and

access to judicial remedy for victims of business-related human rights abuses;

16. Encourages civil society, including non-governmental organizations, to take

into consideration the advice in the report as appropriate in their activities to improve

accountability and access to judicial remedy for victims of business-related human rights

abuse;

17. Emphasizes the importance of stakeholder dialogue and analysis to maintain

and build on the results achieved to date to prevent and address business-related human

rights abuses, and to inform further deliberations of the Human Rights Council on business

and human rights;

18. Decides to continue its consideration of this question in conformity with its

annual programme of work.

42nd meeting

30 June 2016

[Adopted without a vote.]