Update on OHCHR “Accountability and Remedy Project”: Online Consultation Process Seeks Stakeholder V

Last week, on 1 May, we reached an important milestone in the OHCHR Accountability and Remedy Project, with the launch of the global “Open Process” online consultation. This online consultation is the main process through which we aim to gather vital information from stakeholders about how legal systems perform in practice in cases of allegations of business involvement in severe human rights abuses.

The Accountability and Remedy Project

The Accountability and Remedy Project is about finding ways to make domestic judicial mechanisms fairer, more effective and more accessible for victims of business-related human rights abuses, particularly in cases of severe abuses (for example, involvement in killings, massive environmental damage, or large-scale violations of labour rights). &nnbsp;

The findings from the “Open Process” online consultation will be used to inform future stakeholder consultations and, ultimately, “good practice” recommendations and guidance to States with a view to achieving more effective implementation of the Access to Remedy pillar of the UN Guiding Principles on Business and Human Rights.  Getting a global range of inputs from stakeholders is key to ensuring that the outputs and recommendations correspond to realities on the ground and are capable of producing the desired improvements.

Widening the conversation

We have launched this global online consultation process to widen and deepen the conversation about access to remedy in cases of business involvement in severe human rights abuses.  We want to build up a better and clearer picture of opportunities and challenges at domestic level, taking account of the rich diversity of legal systems and traditions.  And we want to hear from stakeholders in every jurisdiction in the world.

User-friendly

The “Open Process” online consultation covers five main areas: tests for corporate liability, overcoming financial barriers to legal claims, criminal sanctions, civil remedies and the work of domestic prosecutors.  It is designed to be easy to use and readily accessible to lawyers and non-lawyers alike.  Many of the questions are yes/no or multiple choice and only require a click on the correct answer (or answers), although extra space is provided if contributors want to go into more detail.  The tool is available in English, French and Spanish.

We understand that people may not wish to provide answers to all of the questions, and that is fine. The Open Process consultation is designed to allow users to skip those sections that are not relevant to them. We hope that people will contribute as much as they can from their own experience and knowledge, so that we can build up as complete a picture about these areas as possible.

The bigger picture

The “Open Process” online consultation is one of the two main information-gathering exercises that take place under OHCHR’s Accountability and Remedy Project.  It runs alongside a second process, called the “Detailed Comparative Process” which involves more detailed comparative work in relation to 20+ “focus jurisdictions”.

Both the Open Process and the Detailed Comparative Process will carry on until August 2015.  At that point, OHCHR will commence detailed analysis of the data collected under these two processes for the purposes of each of the six work streams that make up the whole Project.

The Accountability and Remedy Project was initiated by OHCHR in 2013. In June 2014, the Project was recognised by the Human Rights Council which requested OHCHR to “continue the work to facilitate the sharing and exploration of the full range of legal options and practical measures to improve access to remedy for victims of business-related human rights abuses, in collaboration with the Working Group, and to organize consultations with experts, States and other relevant stakeholders to facilitate mutual understanding and greater consensus among different views.”  In accordance with this request, OHCHR will be reporting its findings from the Accountability and Remedy Project to the Human Rights Council in June 2016.

Over to you!

The “Open Process” is an opportunity for everyone – representatives of governments, businesses, civil society, trade unions, law firms and those affected by abuses – to contribute information, ideas and feedback on the workings of the different aspects of legal systems that are relevant to access to justice in cases of allegations of business involvement in severe human rights abuses.  The success of this part of the Accountability and Remedy Project depends on you, the people out there with first hand knowledge of different domestic legal systems.

So please participate in the consultation and spread the word around your networks, to make sure that no-one misses out.

We look forward to hearing from you.