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Article

7 Mar 2016

Author:
Linda Kromjong, International Organisation of Employers (IOE)

Commentary: Business orgs. should engage pro-actively at natl. & intl. level in access to remedy debate, says Intl. Organisation of Employers

"Extraterritorial jurisdiction is the surest means to secure access to remedy for victims of human rights abuse in supply chains" - true or false?, 4 Mar 2016

Access to remedy in cases of human rights violations is not only a human right per se, but a prerequisite for the full enjoyment of these human rights. It is only when people have access to justice and remedy that rights become meaningful….

The importance of access to remedy is also reflected in the three pillars of the UN Guiding Principles on Business and Human Rights…

However, in many countries governments are not properly fulfilling their duty to provide access to remedy…

These challenges do not only restrict access to remedy for workers in supply chains, but for all workers, indeed for all, including employers…

The only way to give workers like those at Kentex, and their families, access to remedy is to strengthen national judicial systems. Extraterritorial jurisdiction is not a solution in the vast majority of cases…

In this debate, extraterritorial jurisdiction is often seen as a panacea to the access to remedy issue often without closer scrutiny as to whether this is the most effective or surest means of ensuring access…

We need to increase pressure on governments to improve judicial systems…

…[C]apacity building is a key means to improving access to remedies…

Business organisations should engage constructively and pro-actively at national and international level in the debate on access to remedy as well as on strengthening national legal systems and governance generally.

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