Jan 1, 2010
This study surveys the international and domestic legal framework applicable in engaging the liability of business enterprises for human rights and environmental abuses occurring in the Philippines.
The domestic law of the Philippines does provide, substantively and procedurally, for some measure of judicial and/or administrative remedy for victims of human rights abuse by corporations and other business enterprises. Nonetheless, as the study illustrates, access to justice for such victims remains highly limited. Major obstacles include the murky or impenetrable corporate structures of alleged abusive companies; prohibitive fees imposed on claimants, and disincentives for pursuing remedies, which may arise from incidence or threats of violence, reprisals, or counter-litigation. Despite their prevalence, these obstacles are not always insurmountable. By reducing fees and processing times of human rights claims, providing training on technical elements of human rights law to the judiciary, and reforming law to enforce corporate transparency, the study suggests that the Filipino justice system can be modified to more effectively provide for adequate remedies in cases of corporate human rights abuse.
Philippines-access justice-publication-2010 (full text in English, PDF)
Jan 1, 2010
Access to justice and effective legal remedies are crucial elements in the protection of human rights in the context of business activities.
It is also relevant to the work of judges and lawyers who promote the rule of law and human rights. The Dutch legal order allows for victims of corporate human rights abuses to seek remedy through civil or criminal proceedings. The potential for successful litigation in the criminal justice system remains limited. Civil liability is more promising, in part because civil liability may be founded on the breach of international so?-law standards of corporate conduct. In either case, complex corporate structures present a formidable barrier to successful litigation. Jurisdiction barriers are also present, as Dutch courts are generally reserved in claiming authority over foreign subsidiaries of Dutch parent companies. Notable exceptions do exist however. Procedural barriers also confront claimants of human rights abuses, particularly relating to evidence, compensation and costs. Despite these obstacles, there is much room for reform of the Dutch justice system to provide claimants of corporate human rights abuse with timely, accessible and effective adjudication.
Netherlands-access justice-publication-2010 (full text in English, PDF)
Jan 1, 2010
This study examines how the Chinese legal order can both limit and aid access to justice for victims of corporate human rights abuses.
Although the Chinese legal system has established liability for corporations, in regard to the legal remedies available, claimants face a number of obstacles preventing them from obtaining fair, timely and effective adjudication of their claims. Case studies relating to mining, internet censorship and contaminated food products provide palpable illustrations of these obstacles, evidencing that the legal and political reforms in China are lagging behind the economic and market reforms. Judges lack independence to adjudicate, especially in politically sensitive cases, and the legal profession faces severe limitations. Class action and public interest litigation remain undeveloped, the availability of legal aid is limited, and the law concerning the piercing of the corporate veil has not yet been tested in a human rights case. These factors together make victims’ search for justice a daunting task. The study concludes by offering recommendations to improve access to justice in China for victims of human rights abuse by corporations.
China-access justice-publication-2010 (full text in English, PDF)
Nov 1, 2009
Report of a Mission of Observers to observe the appeal trial hearing of Evgeniy Zhovtis, a lawyer and one of Kazakhstan’s leading human rights defenders.
The ICJ decided to send a Mission of Observers to observe the appeal trial hearing of Evgeniy Zhovtis, a lawyer and one of Kazakhstan’s leading human rights defenders, having received reports that his initial trial had failed to meet international fair trial standards. Mr. Zhovtis was convicted for unintentional manslaughter following a car accident in July 2009. The present Report gives an account of the process, in which Evgeniy Zhovtis himself was not allowed to participate. It describes the conduct of the trial and makes legal assessment of certain particularly problematic issues. The report does not aim to replace the court minutes, which were not kept in this case, but rather gives an overall assessment of the hearing as well as some events taking place outside the courtroom. The legal analysis is based on internationally recognised standards relating to fair trial guarantees, including the jurisprudence of major human rights bodies. The observers would like to express their gratitude to all the parties to the proceedings who facilitated the observation process.
Kazakhstan-appeal hearing Zhovtis-trial observation report-2009-eng
Kazakhstan-appeal hearing Zhovtis-trial observation report-2009-rus
Sep 11, 2009
The report summarises the findings of observers appointed by the ICJ for the 2008 and 2009 missions to observe the trial of the journalist J.S. Tissainayagam before the High Court of Colombo.
SriLanka-journalist-trial observation report-2009 (full text, PDF)
SriLanka-journalist-press release-2009 (full text, PDF)
