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Report

18 Dec 2016

Author:
Gwynne Skinner, Robert McCorquodale, Olivier De Schutter & Andie Lambe

[PDF] The Third Pillar: Access to Judicial Remedies for Human Rights Violations by Transnational Business

The Access to Judicial Remedy (A2JR) Project set out to identify and analyze the barriers in the United States, Canada, and Europe…The detailed mapping exercise undertaken in the development of this Report shows that States are generally not fulfilling their obligation to ensure access to effective judicial remedies to victims of human rights violations by businesses operating outside their territory. Victims continue to face barriers that at times can completely block their access to an effective remedy…These barriers have been overcome in only some instances…Victims of human rights violations by business, wherever the violations occur, are entitled to full and effective access to judicial remedies. In order to provide this, each State should examine the barriers in their jurisdiction and consider the range of actions they can take to alleviate them, and in particular, the recommendations contained in this Report…[Refers to Alstom, Amesys (part of Bull), Anvil Mining (part of China Minmetals), Barrick Gold, Bull, Cambior, Cape PLC, Chevron, Chiquita, Daimler, DLH (Dalhoff Larsen & Horneman), Drummond, ExxonMobil, HudBay Minerals, Monterrico Metals (part of Zijin), Shell, Talisman, Texaco (part of Chevron), Thor Chemicals, Unocal (part of Chevron), Veolia Environnement (formerly Vivendi), Veolia Transport (part of Veolia Environnement), Walmart, Zijin]

Part of the following timelines

Report analyses barriers to access judicial remedy for victims of human rights abuses by companies & makes recommendations

The Third Pillar: Access to Judicial Remedies for Human Rights Violations by Transnational Business

Talisman lawsuit (re Sudan)

Cape/Gencor lawsuits (re So. Africa)

Abu Ghraib lawsuits against CACI, Titan (now L-3)

DLH lawsuit (re Liberian civil war)

Amesys lawsuit (re Libya)

Daimler lawsuit (re Argentina)

Unocal lawsuit (re Myanmar)

Texaco/Chevron lawsuits (re Ecuador)