Business and Human Rights Improving Accountability and Access to Remedy

A/HRC/RES/32/10No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2016.

What other versions does this mandate have?

2 versions · 2016–2018

This is an older version — the most recent is A/HRC/RES/38/13

2018A/HRC/RES/38/13Business and human rights improving accountability and access to remedy :LatestCompare with previous version
2016A/HRC/RES/32/10Business and human rights improving accountability and access to remedy :

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

13 topics

Accountability Administration of Justice Business Enterprises Consultations Corporate Social Responsibility Human Rights Human Rights Policy International Cooperation Law Enforcement Legal Remedies Principles Report Preparation Transnational Corporations

What does this mandate say?

18 operative paragraphs

Welcomes the work of the United Nations High Commissioner for Human Rights on improving accountability and access to remedy for victims of business-related human rights abuse, and notes with appreciation his report on improving accountability and access to judicial remedy for business-related human rights abuse;

Recognizes that the effective implementation of the Guiding Principles on Business and Human Rights includes implementation of the access to remedy pillar, and encourages all States to take appropriate steps to improve corporate accountability and access to remedy for victims of business-related human rights abuses;

Also recognizes that enhancing dialogue and cooperation among all stakeholders, and creating and maintaining an enabling environment for civil society, including non-governmental organizations and those engaged in the promotion and protection of human rights and fundamental freedoms, contribute to improving accountability and access to remedy for victims of business-related human rights abuses, as reflected in the Guiding Principles, including the access to remedy pillar;

Encourages States to consider undertaking a review of the coverage and effectiveness of domestic law regimes that are related to respect by business enterprises for human rights with a view to improving accountability and access to effective remedy in cases of business involvement in human rights abuses, taking into account the legal and practical challenges arising from the organization and management of business enterprises and complex global supply chains, drawing, as appropriate, from the report of the High Commissioner;1

Also encourages States to develop a comprehensive strategy for improving accountability and access to remedy, as appropriate, including by taking the report of the High Commissioner into consideration, in a manner appropriate to local legal structures, traditions, challenges and needs, for instance as a part of national action plans on business and human rights and through other related initiatives;

Further encourages States to take steps to improve the effectiveness of international cooperation between State agencies and judicial bodies with respect to law enforcement of domestic legal regimes to address business-related human rights abuses;

Invites States to work through relevant intergovernmental processes to enhance accountability and access to remedy for victims in cases of business involvement in human rights abuses;

Invites regional and international bodies responsible for promoting and facilitating international cooperation with respect to cross-border investigation, legal assistance and enforcement of judicial decisions to take steps to improve the speed and effectiveness of such cooperation in cross-border cases of business-related human rights abuses through legal, practical and capacity-building means;

Calls upon all business enterprises to meet their responsibility to respect human rights as stated in the Guiding Principles and in other applicable standards, including for example by actively contributing to initiatives aimed at fostering a culture of respect for the rule of law, participating in good faith in domestic judicial processes, and by establishing effective operational-level mechanisms to enable the early resolution of grievances;

Encourages business enterprises to share publicly information regarding their human rights policies and procedures to enhance stakeholder engagement with respect to business operations and the preventative measures that businesses can take;

Recognizes the role of the Working Group on the issue of human rights and transnational corporations and other business enterprises in promoting the effective implementation of the Guiding Principles and exploring options for enhancing access to effective remedies, including by, inter alia, using the report of the High Commissioner to provide guidance on the development and implementation of national action plans and other related initiatives, and requests the Working Group to prepare a study on best practices and how to improve on the effectiveness of cross-border cooperation between States with respect to law enforcement on the issue of business and human rights, drawing on the report as appropriate, and to report to the Human Rights Council at its thirty-fifth session;

Welcomes the role of the Working Group in guiding the annual Forum on Business and Human Rights and in convening regional forums to discuss challenges and lessons learned in a regional context, and invites the Working Group to include challenges, opportunities and lessons learned when improving accountability and access to judicial remedy for business-related human rights abuse as an item on the agenda of the annual Forum in 2016;

Requests the High Commissioner to continue his work in this area and to convene two consultations involving representatives of States and other stakeholders on the topics covered in paragraphs 4 to 6 above, and to identify and analyse lessons learned, best practices, challenges and possibilities to improve the effectiveness of State-based non-judicial mechanisms that are relevant for the respect by business enterprises for human rights, including in a cross-border context, and to submit a report thereon to be considered by the Human Rights Council at its thirty-eighth session;

Encourages all relevant United Nations programmes and agencies to assist States upon their requests, including through technical cooperation and capacity-building activities, and to improve accountability and access to remedy for victims of business-related human rights abuses by using, as appropriate, the recommendations contained in the report of the High Commissioner;

Encourages national human rights institutions to take into consideration the recommendations in supporting States in activities relating to improving accountability and access to judicial remedy for victims of business-related human rights abuses;

Encourages civil society, including non-governmental organizations, to take into consideration the advice in the report as appropriate in their activities to improve accountability and access to judicial remedy for victims of business-related human rights abuse;

Emphasizes the importance of stakeholder dialogue and analysis to maintain and build on the results achieved to date to prevent and address business-related human rights abuses, and to inform further deliberations of the Human Rights Council on business and human rights;

Decides to continue its consideration of this question in conformity with its annual programme of work.

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