In recent years, companies have faced ever-growing scrutiny of their human rights conduct. Some of them have been confronted with grave human rights allegations that led to years of litigation and public campaigns. The remedies for instances of corporate human rights violations have remained insufficient, however. International human rights law provides for complicated, cost- and time-consuming judicial ways of conflict resolution only. In practice, this leads to a governance gap, the consequence being that many corporate human rights violations still go without adequate redress or remedy. The aim of this research was therefore to address this gap and to explore alternative ways of conflict resolution that may prevent parties from resorting to judicial proceedings by offering them quick and equitable solutions on an extrajudicial basis.
In a comparative analysis funded by the Jubilee Fund of the Austrian National Bank (OeNB), five examples of extrajudicial complaint mechanisms both international and company-based ones, were assessed as to their potential role, effectiveness as well as practical handling. The research findings include some process- and content-related key challenges for successful, human rights-compatible extrajudicial complaint mechanisms, as well as a set of model features for these mechanisms that complement the UN Guiding Principles on Business and Human Rights by Special Representative John Ruggie on an operational basis. They were publically presented on 17 October 2012 and are available for download now.
|Right to Remedy_Extrajudicial Complaint Mechanisms_2013.pdf||1.61 MB|