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Report

25 Aug 2014

Author:
International Organisation of Employers

Draft position paper on access to remedy

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"Making access to remedy a reality for all: Recommendations for Governments and UN institutions", 11 Aug 2014

The importance of access to remedy is...reflected in the three building pillars of the UN Guiding Principles on Business and Human Rights (UNGP) “protect-respect-remedy” framework. Since the endorsement of the UN Guiding Principles, the IOE has advocated the importance of promoting and implementing the three closely interconnected pillars with equal vigour... Ineffective judicial systems, corruption, deficient administrations and arbitrary  political decisions hamper companies in their business activity, impede planning certainty and make investments an inherent risk. Moreover, insufficient judicial frameworks put pressure on private grievance mechanisms even beyond the issue of human rights...Thus, besides obvious ethical reasons, companies have a major business interest in ensuring good governance systems are in place, because it gives them legal certainty...[T]he IOE welcomes the focus on access to remedy in the recent resolution tabled by Norway, Russia, Ghana and Argentina and adopted by the UN Human Rights Council on 27 June 2014. The resolution tasks the OHCHR to look deeper into the issue and provide recommendations for strengthening access to remedy to the UN Human Rights Council in June 2016. The IOE is highly committed to working closely with the OHCHR, and other stakeholders to make access to remedy a reality for all and provides considerations and recommendations in this paper.