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26 Oct 2016

International Federation of Human Rights (FIDH) & the International Commission of Jurists (ICJ)

Joint Oral Statement by the International Federation of Human Rights & the International Commission of Jurists

...States party to the agreement must adopt effective legislative and administrative measures, in accordance with their national legal systems and principles, to establish in law the legal liability of business enterprises, in particular corporations subject to their jurisdiction, for business conduct that results in harm to human rights both at home and abroad.  Such responsibility should, as appropriate, be criminal, civil or administrative.  States must adopt measures to establish criminal responsibility or its equivalent for business enterprises subject to their jurisdiction for business-related human rights offences. In all cases the offences need to be defined with sufficient clarity in the treaty and always under the condition that criminal liability of the legal entity does not exclude the personal individual criminal responsibility of the company director or managers...States party to the treaty should establish the civil responsibility of the business enterprise for their conduct that results in harm to rights guaranteed under their international obligations and rights recognized under domestic law, and business enterprises that have entered into commercial contracts with the State should not be immune from the civil legal liability...