International Commission of Jurists
Lawyers’ dialogue on business involvement in human rights violation and victims’ access to justice in the Democratic Republic of Congo

Lawyers’ dialogue on business involvement in human rights violation and victims’ access to justice in the Democratic Republic of Congo

Aug 22, 2010 | Agendas

The scale of human rights violations committed by the armed forces, police and rebel groups in the Democratic Republic of Congo has meant that little attention has been directed to other failings of the justice sector, including the inadequate regulation of companies and the lack of effective remedies for victims of corporate abuse of human rights. Several studies and reports on human rights violations in the DRC have established the extent of corporate involvement or complicity and the State failure to protect people against violations by business corporations. It is necessary to mobilize and strengthen the capacity of legal professionals to use the law to ensure greater accountability by business for their numerous violations and that victims of such violations be afforded effective redress

The International Commission of Jurists (ICJ) in conjunction with Open Society Initiative for Southern Africa, the African Association for the Defense of Human Rights and the SADC Lawyers Association will, at the sidelines of the Annual General Meeting of the SADC Lawyers Association,hold on 22nd August 2010 a Lawyers’ Dialogue on “Business Involvement in Human Rights Violations and Victims’ Access to Justice in the Democratic Republic of Congo”.

The Dialogue is intended to bring together experts from the DRC and SADC legal fraternity in a one-day activity to reflect on how human rights law can creatively and effectively be used to bring business entities and players to respect human rights standards and to account for their involvement or complicity in violation thereof. In exploring this key question, the following subsidiary questions shall be answered:

  • What is the current status of DRC laws regarding business activities in the country?
  • How can business entities and actors be held accountable under international and DRC laws?
  • How could international criminal law and regional as well as sub-regional legal frameworks be used to punish and prevent corporate involvement in international crimes in the DRC?
  • How effective is the domestic civil liability regime in respect of business involvement in gross human rights abuses?

What are the obstacles facing access to justice for victims of business gross human rights abuse in the DRC, and how can they be overcome?

DRC-dialogue violation justice-agenda-2010 (full text in English, PDF)

DRC-dialogue violation justice-agenda-2010 (full text in French, PDF)

Inter-committee workshop “Activities of transnational corporations : impact on the implementation of human rights treaty obligations”

Inter-committee workshop “Activities of transnational corporations : impact on the implementation of human rights treaty obligations”

Jun 18, 2010 | Agendas

Treaty-bodies have a special role in monitoring State compliance with human rights treaty obligations and providing guidance to States Parties on how to fulfil those obligations. The workshop afforded an occasion for in-depth examination and interaction between the committees on the impact that activities of transnational corporations have in the implementation of treaty obligations, providing a comparative and informed perspective on approaching these issues and encouraging coordinated action.

Switzerland-workshop transnational corporations-agenda-2010 (full text in English, PDF)

Justice Ian Binnie analyzes legal remedies for corporate participation in international human rights abuses

Justice Ian Binnie analyzes legal remedies for corporate participation in international human rights abuses

Oct 23, 2009 | Advocacy, Analysis briefs

In this brief, ICJ Commissioner Justice Ian Binnie (photo) describes the progress that has been made – and remains to be made – in developing an acceptable legal liability framework for corporate human rights violations.

In particular, Justice Binnie cites the ICJ’s Expert Panel Report on Corporate Complicity and the SRSG John Ruggie’s framework of “Protect, Respect, and Remedy,” as important advances in defining this framework.

He urges the greater development and use of both criminal and civil theories of liability for holding corporations accountable for violations.

He also calls for victims who have exhausted all local remedies to have access to an international body such as the International Criminal Court.

 

legalremedies-businessHR-analysis brief-2009 (full text, PDF)

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