Critical analysis of National Action Plans on business & human rights by Homa Centre for Human Rights & Business (Brazil)
“National Action Plans on Human Rights and Business: inputs for the Brazilian Reality-Part I: General Perspective on the National Action Plans on Business and Human Rights”, January 2016
...This research began in September 2015...motivated by...the need for a critical academic monitoring of the elaboration process of the National Action Plan by Brazil...[T]his series...will be made up of...:...a brief historical introduction of the scenario of the United Nations in the area, to...the debate of the National Plans, bringing...general considerations on the initiative and identifying guiding points on the eight plans already developed...[T]he experience of existing national plans shows...these neither have...the potential for an effective progress in the development of national legislation and public policies for human rights protection against violations committed by companies, nor contribute to the full access to justice and to ensure that...victims are able to achieve repair...The measures proposed...do not provide enforcement mechanisms, do not have a clear methodology of evaluation and monitoring..., and...do not have any level of "punishability” for companies that...violate human rights, nor to the State, in case it does not fulfill the proposals agreed in the plans...[They]...should focus on human rights and victims, guided by the logic of International Human Rights Law, and recognize the structural imbalance between violators of human rights and victims, in this case, businesses and affected communities...