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28 Oct 2016


Oral statement by ESCR-Net on Lessons learned and challenges to access to remedy

...Agreements like those reached in the Mariana case represent the prevailing voluntary approach to address human rights approaches, which seriously undermine the rights of affected people everywhere to seek justice and obtain an effective remedy. In this light we also note similar cases emanating from corporate human rights abuses involving Barrick Gold in Papua New Guinea, and a growing number of counties worldwide.  Therefore, we call on the Intergovernmental Working Group to learn the lessons from cases such as that outlined here in Mariana. As such, firstly the future binding instrument must ensure that the rights of affected people to participate in all steps of the remedy process is guaranteed. Secondly, we also call on the Working Group to explicitly guarantee in the future binding instrument that any agreements or non-judicial mechanisms arranged in the wake of corporate-related human rights abuses must not interfere at any stage in the ability of affected people to seek judicial remedy. Any violations of these two elements of the future binding instrument should lead to liability for those involved in order to ensure these rights are fully respected...