by Socio-Legal Centre for Territorial Defence - SIEMBRA (Colombia)
and Business & Human Rights Resource Centre

The discussion on the centrality of human rights in the context of business operations has been infused by the idea of building a multi-stakeholder governance model, governed by a "smart mix " that includes binding and voluntary mechanisms. However, this approach has promoted the governance model envisaged by John Ruggie without significant results in terms of guaranteeing rights, deepening the gap of corporate impunity in the face of multiple cases of human rights violations.

For this reason, affected communities and civil society organisations are calling for the establishment of regulatory frameworks that place human rights and victims at the centre. In Colombia, in particular, a coalition of civil society organisations has committed to the collective development of a law to address what they have called "a century of impunity" for human rights violations in the context of business operations.

For this coalition, it is not enough to simply state the importance of human rights, as the lack of access to justice for those affected by business activities is also the result of regulatory asymmetry. While companies have legal frameworks to protect their investments, there are very few – and not robust – national or international laws that require companies to respect human rights and hold them legally accountable if they fail to do so.

In this context, two legislative proposals currently before the Colombian Congress stand out and have received the support of civil society. The first is Bill 410 of 2024, which establishes a regime of criminal liability for legal persons; and the second is Bill 153 of 2025, a legal framework of human rights obligations and mechanisms for companies. Regarding the latter, the Steering Committee* of the campaign El proyecto del siglo: Justicia frente al poder empresarial (The project of the century: Justice in the face of corporate power) highlights some key aspects of the proposed regulation.

First, it creates a framework of human rights obligations for companies, with 37 corporate obligations to prevent human rights violations in all their activities, including throughout the value chain and to refrain from causing, facilitating or benefiting from human rights violations.

Secondly, the bill increases the obligations of the state to guarantee respect for, protection and fulfilment of citizens' rights in the business context, by adopting preventive, legislative, administrative and judicial measures. Among the main proposals are the duty to prevent corporate capture and conflicts of interest, the protection of human rights in international treaties and agreements, the protection of human rights defenders and communities, and the creation of an Intersectoral Commission on Business and Human Rights.

Thirdly, the bill proposes measures to hold companies legally accountable, in civil and administrative matters, for human rights violations that they cause, allow or facilitate in the course of their economic or commercial activities. On the one hand, it adjusts non-contractual civil liability to specify that companies must be liable for damages that violate human rights through action or omission. On the other hand, it establishes a framework of administrative sanctions such as graduated fines, the suspension or cancellation of permits, licences or authorisations, and/or even the suspension or cancellation of legal status. Liability extends to legal representatives, board members, administrators, statutory auditors, and auditors, and may extend to partners, shareholders, and beneficial owners if their direct involvement or substantial benefit is proven, or if the corporate veil is lifted.

Fourth, mechanisms are adopted to remove obstacles to access to justice for affected communities and victims of human rights violations that occur in the context of business operations. The bill does not create a new jurisdiction or a new judicial mechanism. But it provides clear guidelines for shaping judicial rulings that better address the complexities of corporate-related cases and encourage judges to approach them from a human rights perspective.

With this regulatory proposal, Colombian civil society is paving the way for human rights to be at the centre of decision-making and to guarantee the realisation of a pluralistic and fair economic model. Without this foundation, Colombia will not be able to consolidate the social and ecological rule of law that it has proposed as a project for society. The responsibility now lies in the hands of the Congress of the Republic, where civil society will continue to promote, key social transformations.

*The Steering Committee for the campaign The project of the century: Justice in the face of corporate power was launched in 2023 and comprises the SIEMBRA Socio-Legal Centre, CINEP/PPP, the José Alvear Restrepo Lawyers' Collective (CAJAR), Friends of the Earth, Latin America and the Caribbean (ATALC), Censat Agua Viva, FIAN Colombia, the Business & Human Rights Resource Centre (CIEDH), the Colombian Commission of Jurists (CCJ), the Colombian Platform for Human Rights, Democracy and Development (PCDHDD), the Minga Association and the Heinrich Böll Foundation.