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27 Nov 2017

Elisabeth Andvig, OHCHR, Business and Human Rights Journal

Commentary: OHCHR to discuss findings from Accountability & Remedy Project at UN Forum

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"Finding a way through the A2R maze: OHCHR's Accountability and Remedy Project", 24 Nov 2017

...[I]naccessibility of remedies in business and human rights cases is a serious and, in some respects, worsening problem...OHCHR’s Accountability and Remedy Project has been developed to respond to these concerns...[L]aunched in November 2014, [the project] has one key aim - to help States strengthen their implementation of Pillar III of the UNGPs...

...[T]he first phase of work (“ARP I”) was devoted to issues related to the use of judicial mechanisms in business and human rights cases and prioritised six key themes: (i) clarifying domestic liability concepts under domestic regimes, (ii) cross-border challenges, (iii) overcoming financial obstacles, (iv) “effective” remedies in criminal cases, (v) “effective” remedies in civil cases and (vi) supporting domestic law enforcement agencies. The conclusions drawn from this research...were formally presented to the Human Rights Council by way of a written report in June 2016.

...OHCHR is now well into the second phase of its work (“ARP II”) which...is concerned with the role of State-based non-judicial mechanisms. Three papers have been published so far: a preliminary scoping paper, a sector study on issues arising in “high-risk” sectors and...a discussion paper...

...The research and conclusions from both phases of the OHCHR Accountability and Remedy Project will be discussed during two sessions at the [UN] Forum [on Business and Human Rights], both taking place on 28th November...