International Commission of Jurists - Access to Justice, Country Reports

The International Commission of Jurists has published a series of country reports on Access to Justice: Human Rights Abuses Involving Corporations.

Access to Justice: Human Rights Abuses Involving Corporations - China, Jan 2010

Acceso a la justicia: en casos de abusos de derechos humanos por parte de empresas – Colombia, Jan 2010

Access to Justice: Human Rights Abuses Involving Corporations - The Netherlands, Jan 2010

Access to Justice: Human Rights Abuses Involving Corporations - Philippines, Jan 2010

Access to Justice: Human Rights Abuses Involving Corporations - Poland, 23 Jun 2010

Access to Justice: Human Rights Abuses Involving Corporations - South Africa, Jun 2010

Access to Justice: Human Rights Abuses Involving Corporations - India, Jan 2011

Access to Justice: Human Rights Abuses Involving Corporations - Brazil, Aug 2011

Access to Justice: Human Rights Abuses Involving Corporations - Nigeria, Feb 2012

Access to Justice: HUman Rights Abuses Involving Corporations - Democratic Republic of Congo, May 2012

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Article
24 May 2012

DRC: business involved in human rights abuses

Author: International Commission of Jurists

A new report launched by the ICJ shows that companies involved in human rights abuses in the Democratic Republic of Congo (DRC) are rarely held accountable. The report Access to Justice: Human Rights Abuses Involving Corporations – Democratic Republic of the Congo finds that victims of corporate abuses in DRC have very little prospect of reparation because of the many deficiencies of the Congolese judicial system. These include the lack of independence of the judiciary, its inaptitude to deal with cases with sensitive economic stakes (often involving transnational links), inadequate financial resources, and a high level of corruption, which allow rich and powerful litigants to buy or influence judges’ decisions.

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Article
22 February 2012

[PDF] Nigeria: victims of human rights abuse by companies too often defenceless - ICJ report

Author: International Commission of Jurists

Victims of human rights abuse by companies - mainly the oil industry - in Nigeria have very limited access to legal remedies and reparation, a new report by the International Commission of Jurists (ICJ) shows. The report Access to Justice: Human Rights Abuses Involving Corporations - Nigeria reveals that Nigerian people whose environment, land and health have been severely harmed by the activities of corporations, face major obstacles when seeking justice. These range from legal deficiencies to prevalence of corruption and lack of legal aid, and affect primarily vulnerable communities...The study stresses the need to address the problem is all the more pressing given that business corporations, including transnational companies operating mainly in the country's oil sector, are unwilling to adopt practices that respect the well-being of people and respect the environment...

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Article
2 August 2011

Access to justice: human rights abuses involving corporations in Brazil

Author: International Commission of Jurists

Access to justice and effective legal remedies are crucial elements in the protection of human rights in the context of business activities. Under Brazilian civil and administrative law corporations may be held liable for certain human rights abuses committed on its territory. Corporations may not, however, be held liable under criminal law. Despite the availability of civil and administrative procedures, they have not necessarily been effective in holding corporations legally accountable.

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Article
1 January 2011

[PDF] Access to Justice: Human Rights Abuses Involving Corporations [India]

Author: Intl. Commission of Jurists

This report aims to critically examine legal remedies, both judicial and non-judicial, available under Indian law to victims of human rights abuses by companies. There are three main objectives of this examination: (i) to assess the efficacy of the existing regulatory framework; (ii) to identify major obstacles that victims experience in holding companies accountable for breaching their human rights obligations; and (iii) to outline recommendations that should help in overcoming these obstacles. [refers to Enron, Coca-Cola, ICICI Bank, PepsiCo, POSCO, Tata, Union Carbide, Vedanta Resources]

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Article
23 June 2010

Access to Justice: Human Rights Abuses Involving Corporations – Poland

Author: International Commission of Jurists

Access to legal remedies and justice has become a crucial element in today’s work protecting human rights in the context of business activities…This study assesses the extent to which Polish law provides victims of human rights abuses involving corporate entities with remedies. Criminal prosecution and civil remedies are important legal tools that can be used to redress human rights violations committed by companies. At the same time, there are numerous legal and practical obstacles, which can render the process of pursuing justice difficult and/or ineffective…

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Article
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Author: Comisión Internacional de Juristas

El acceso a la justicia y a un recurso efectivo ha devenido un elemento crucial en el trabajo de protección de los derechos humanos en el contexto de actividades empresariales, asi como un area de importancia primordial para jueces y abogados dedicados a promover el estado de derecho y los derechos humanos...El informe señala que a pesar de que la normatividad colombiana contiene una amplia gama de acciones y recursos encaminados a prevenir o hacer cesar los abusos de derechos constitucionales por parte de empresas, el sistema judicial tiene varias falencias que hacen que muchos de estos mecanismos sean poco efectivos.

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Article
1 June 2010

Access to Justice: Human Rights Abuses Involving Corporations – South Africa

Author: International Commission of Jurists

Access to legal remedies and justice has become a crucial element in today’s work protecting human rights in the context of business activities. It is also an area of primary importance for judges and lawyers who work promoting the rule of law and human rights. The South African legal system has considerable potential to ground liability and provide remedies for a wide range of possible violations of victims’ rights...The key constraint is the very limited access to legal resources that victims have. The key factors affecting the extent to which the potential of the system is realised depend on responses to this constraint.

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Article
1 January 2010

Access to Justice : human rights abuses involving corporations in China

Author: International Commission of Jurists

This study examines how the Chinese legal order can both limit and aid access to justice for victims of corporate human rights abuses. Although the Chinese legal system has established liability for corporations, in regard to the legal remedies available, claimants face a number of obstacles preventing them from obtaining fair, timely and effective adjudication of their claims. Case studies relating to mining, internet censorship and contaminated food products provide palpable illustrations of these obstacles, evidencing that the legal and political reforms in China are lagging behind the economic and market reforms. Judges lack independence to adjudicate, especially in politically sensitive cases, and the legal profession faces severe limitations…The study concludes by offering recommendations to improve access to justice in China for victims of human rights abuse by corporations.

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Article
1 January 2010

Access to justice : human rights abuses involving corporations in Philippines

Author: International Commission of Jurists

This study surveys the international and domestic legal framework applicable in engaging the liability of business enterprises for human rights and environmental abuses occurring in the Philippines…Nonetheless…access to justice for such victims remains highly limited. Major obstacles include the murky or impenetrable corporate structures of alleged abusive companies; prohibitive fees imposed on claimants, and disincentives for pursuing remedies, which may arise from incidence or threats of violence, reprisals, or counter-litigation. Despite their prevalence, these obstacles are not always insurmountable. By reducing fees and processing times of human rights claims, providing training on technical elements of human rights law to the judiciary, and reforming law to enforce corporate transparency, the study suggests that the Filipino justice system can be modified to more effectively provide for adequate remedies in cases of corporate human rights abuse.

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Article
1 January 2010

[PDF] Access to Justice: Human Rights Abuses Involving Corporations – The Netherlands

Author: International Commission of Jurists

This study addresses issues relating to access to justice or legal remedies for human rights abuses committed with the involvement of corporations in The Netherlands. In the absence of an international civil court, or internationally recognized civil law governing the issue of corporate human rights abuse, victims seeking compensation for damage inflicted upon them by human rights abuse of corporations are mainly left to national remedies. This report addresses this issue of access to justice for human rights abuses involving corporations in the Dutch legal system.

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