UNDP-OHCHR TOOLKIT
NHRIs can play an important transitional role in ensuring
accountability and combating impunity by documenting
and investigating violations of international law. NHRIs can
monitor and record violations during both conflict and
authoritarian rule and transitional periods. These efforts
can support future prosecution initiatives, truth seeking
and truth telling bodies, reparations measures and vetting
processes. NHRIs can assist victims by ensuring that they
have equal and effective access to justice; adequate, effective and prompt reparation for harm suffered; and access to
relevant information concerning violations and reparation
mechanisms. NHRIs can also assist victims and witnesses
with measures such as relocation and resettlement.34
In some countries, the NHRI itself may not have the
mandate to undertake the transitional justice process, but
may nevertheless work with and comment on the work of
other situations, to ensure that human rights are respected.
>> Example: NHRI Role in Transitional Justice in Rwanda
In Rwanda, several government institutions were
established to support reconciliation and transitional justice after the 1994 genocide. The Unity and
Reconciliation Commission has a lead in promoting
awareness of reconciliation through public programs.
The National Human Rights Commission, plays a
cooperative role in reviewing these processes on
an ongoing basis, including attending and preparing reports on human rights aspects of many of
these processes.
3.11 NHRIs and Business
The connections between international human rights law,
business and domestic application of human rights standards have been in place for years. In 2000, for example,
the UN Global Compact was launched for companies
committed to sustainability and responsible business
practices. As a leadership initiative endorsed by chief
executives, it seeks to align business operations and strategies everywhere with ten universally accepted principles
in the areas of human rights, labour, environment and
anti-corruption.
It is the State’s duty to protect against human rights
abuses by third parties, including business, through
appropriate policies, regulation, and adjudication. NHRIs
can play a vital role in advancing human rights in practice
and supporting the State in meeting this obligation. As
stated in the 2008 report of the UN Secretary-General’s
Special Representative (SRSG) for Business and Human
Rights, ‘[the] actual and potential importance of [this area]
cannot be overstated’.35
In Resolution 8/7, adopted in June 2008, the Human Rights
Council recognized the need to protect all human rights
from abuses by, or involving, transnational corporations
or other business enterprises. The Council also renewed
the mandate of the Special Representative on the issue
of human rights and transnational corporations and other
business enterprises to 2011.
According to a survey conducted by the Office of the
High Commissioner for Human Rights on behalf of the
SRSG, many NHRIs engage in business and human rights
issues in some respect, though this remains a limited area
of activity for most. Some commissions do handle complaints involving alleged corporate abuse of human rights,
for example as regards non-discrimination and labour
rights, while others have no limits on either the rights
issues or the types of business involved in a complaint.
In 2009, the ICC established a Working Group on Human
Rights and Business, with the following mandate:
11 Strategic
planning (facilitating the inclusion of
business and human rights issues and providing
for joint NHRI programming);
11 Capacity
building and resource sharing (facilitating
skills development of staff and providing a platform
for NHRIs to exchange best practices and tools); and
11 Agenda
setting and outreach (facilitating the
participation of the ICC and NHRIs in key debates at
the international, regional and domestic levels in
relation to business and human rights).
In June 2009, the Danish Institute for Human Rights
(DIHR) was nominated to represent the European region
of the Working Group on Business and Human Rights
of the ICC. The Human Rights and Business Project is a
department of The Danish Institute for Human Rights
devoted to business and its impact on human rights.
Additional information and resources can be obtained at:
http://www.humanrightsbusiness.org
Finally, the ICC identified the theme of Human Rights
and Business as the main theme of the international
conference of NHRIs in 2010.
Adapted from the OHCHR Guidance Note on Transitional Justice, September 27 2008.
34
Message from the Special Representative of the Secretary-General for Business and Human Rights for Business and Human Rights to NHRIs worldwide. 28 January 2009.
35
48
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