Access to Justice
Corporate malpractice has major implications for individuals and communities. In April 2013, the collapse of the Rana Plaza factory complex in Bangladesh led to the deaths of more than 1,100 workers, many of them young women employed to make clothes for European retailers. It subsequently emerged that the factory had failed safety inspections.
Oil spills from Shell pipelines in Nigeria are estimated to have affected the lives of 11,000 people. Environmental contamination can be devastating for people who rely on agriculture or fishing to make a living. When incidents like these happen, the companies concerned must be held to account and affected people must be able to access justice.
When corporations abuse human rights or damage the environment, it’s vital that the people who are affected can seek redress from the company concerned. Redress can range from an apology and guarantees that the abuse will not happen again, through to financial compensation and commitments to carry out environmental clean-ups. Providing redress is important for corporations as well as affected people and communities because it creates a culture of respect for human rights and the environment and leads to improved corporate practice.
Ideally, people should be able to access justice in their own country but various legal and practical barriers mean that this is often impossible. For this reason, CORE wants to see the following changes:
- Where a UK-linked business is accused of violating human rights or damaging the environment overseas, the UK courts should be able to hear the case. As a consequence of changes introduced in 2012 as part of the Legal Aid, Sentencing and Punishment of Offenders Act, this is now practically impossible. CORE campaigned against these changes and we want the system to be reformed to ensure people are not shut out of the courts.
- The UK Government should establish an effective non-judicial redress mechanism for overseas victims of corporate human rights abuses.
In this video Shanta Martin of Leigh Day discusses some of the issues surrounding wrongdoing by UK corporations overseas and barriers to justice for those affected:
The Third Pillar
Victims of human rights abuses experience several barriers to judicial remedy in the home states of corporations. This joint project with the International Corporate Accountability Roundtable (ICAR) and the European Coalition for Corporate Justice (ECCJ) builds on existing work exposing these common barriers. The report identifies the most feasible solutions and recommendations to improve access to judicial remedy in the US, the UK, and certain EU countries. The final project report was launched in December 2013.
Council of Europe Process
The Council of Europe is developing a non-binding declaration on business and human rights which will focus on access to remedy. CORE has represented the European Coalition for Corporate Justice in the drafting group meetings, together with FIDH, Amnesty International and the International Commission of Jurists. The process is expected to conclude in 2015 with the adoption of an instrument by the Council. For more detail on the process, including documents and reports from the meetings, please visit here.
Evaluating Redress Mechanisms project
Together with the University of Essex, CORE is a UK partner in a three-year research project coordinated by academics at the University of Melbourne, Australia. There is an urgent need to provide vulnerable workers and communities with more effective means of defending their human rights when violated by foreign businesses. Over recent years, non-judicial redress mechanisms have been developed to address this need.
By evaluating these mechanisms, the project aims to provide evidence and advice to enhance their design and operation. The results will also show communities, workers and their supporters how to make the best use of non-judicial mechanisms when seeking redress for human rights harms.
The research is being conducted in Australia and the UK as home countries of transnational businesses, and India and Indonesia as host countries. Twelve case studies are being explored – three each in agribusiness, extractives and the garments sector in each host country. The project is due to report at the end of 2014.
Project site: http://corporateaccountabilityresearch.net/project-1/
European Civil Justice project
This project – now closed – aimed to improve access to civil justice in the EU for victims of human rights abuses related to activities of European multinational companies in developing countries. In order to stimulate discussion on civil justice, CORE and its partners disseminated the findings of the Third Pillar report through four high-profile conferences, in Paris, London, Berlin and Brussels. The report EU’s Business: Recommended actions for the EU and its Member States to ensure access to judicial remedy for business-related human rights impacts summarizes the outcomes of these conferences.
Project site: http://www.accessjustice.eu/en
CORE’s project partners include:
Access to Justice