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Article

18 Oct 2021

Author:
Office of the United Nations High Commissioner for Human Rights (OHCHR)

Improving Accountability and Access to Remedy for Business and Human Rights Abuses: A submission from OHCHR on the Third Revised Draft of the legally binding instrument

The purpose of this note is to draw attention to OHCHR’s work on accountability and access to remedy which might usefully be considered by members of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (IGWG) in the context of the negotiations to take place at its Seventh Session...

... OHCHR’s Accountability and Remedy Project (ARP) has delivered recommended actions to enhance the effectiveness of different remedial mechanisms (both judicial and non-judicial) in cases involving business-related human rights abuse...

OHCHR’s work on accountability and remedy (in particular, ARP) and the treaty process share a common goal: increasing access to effective remedy for victims of corporate abuses and ensuring accountability for such abuses.

This note builds on OHCHR’s recent work on accountability and remedy in business-related human rights cases, and focuses on the preamble of the LBI [legally binding instrument] and those articles relating to mandatory human rights due diligence.

OHCHR’s Accountability and Remedy Project is relevant and can be of assistance to those negotiating the Third Revised Draft LBI. The ARP work was the result of an evidence-based, consultative process and has been welcomed by the Human Rights Council. OHCHR offers this work to the IGWG to support the discussions on the latest draft.

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