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Harnessing the Power of National Human Rights Institutions in Facilitating Access to Effective Remedy

An event with Prof. Surya Deva, H.E. Prof. Dr. Amara Pongsapich, Mr. Ahmed Taufan Damanik, Ms. Mohna Ansari, Mr. Andy Hall and Dr. Kamal Uddin Ahmed
United Nations Working Group on Business and Human Rights, ASEAN Intergovernmental Commission on Human Rights (AICHR), National Commission on Human Rights Indonesia (Komnas HAM), National Human Rights Commission Nepal, National Human Rights Commission Bangladesh

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About this event

BACKGROUND

Access to effective remedy for business-related human rights abuses is a key component of the UNGPs. Pillar III envisages three types of remedial mechanisms: state-based judicial mechanisms, state-based non-judicial grievance mechanisms, and non-state-based grievance mechanisms. National human rights institutions (NHRIs), as a non-judicial mechanism, can play a key role in complementing other remedial mechanisms. Despite the potential of NHRs in facilitating remedy, the practice of various NHRIs in Asia is not uniform and rights holders across Asia continue to face significant challenges in obtaining effective remedy for business-related human rights abuses.  

SESSION DESCRIPTION

The session will explore a range of ways in which NHRIs can facilitate access to effective remedy, e.g., by accepting complaints, investigating abuses, conducting public inquiries, raising awareness, providing legal assistance and supporting human rights defenders. Good practices undertaken by NHRIs in the region will be highlighted, challenges and barriers to access remedies linked to NHRIs will be identified, and potential ways to address these challenges and barriers will be discussed.  

SESSION OBJECTIVES

This session aims to:

  • Examine diverse pathways available to NHRIs to facilitate access to remedy in BHR cases;

  • Identify means to overcome barriers to access effective remedy faced by rights holders in approaching NHRIs;

  • Discuss common challenges faced by NHRIs access to remedy for victims of business-related human rights abuses; 

  • Discuss good practices adopted by NHRIs to overcome barriers faced by rights holders and the challenges faced by NHRIs.

QUESTIONS

  • Explain how your NHRI has tried to facilitate access to remedy for business-related human rights abuses;  

  • Identify the barriers to access effective remedy faced by rights holders in the context of NHRIs; 

  • Identify common challenges faced by NHRIs and how these might be addressed to strengthen NHRIs’ capacity and collaboration to enhance access to remedy for victims of business-related human rights abuses;

  • Share good practices adopted by NHRIs and discuss how the barriers faced by rights holders and the challenges faced by NHRIs may be overcome in different contexts across Asia.

Prof. Surya Deva

Surya Deva has been working in business and human rights field since early 2000. He has special interest in developing rights holders-based approaches and exploring ways to hold corporations accountable for human rights abuses.

Mr. Ahmed Taufan Damanik

Ahmad Taufan Damanik, Chairperson of the Indonesian National Commission on Human Rights. Prior to being elected as a Commissioner, Mr. Damanik was Indonesia Representative for Children’s Rights to the ASEAN Commission on the promotion and protection on the Rights of the Women and Children (ACWC) from 2010-2016. He graduated from the Faculty of Social and Political Sciences, North Sumatera University, Indonesia and completed his Masters of Arts in Political Theory from University of Essex, England.

Mr. Andy Hall

Currently Andy lives in Nepal and is focused on promoting ethical zero cost recruitment of migrant workers in Asia to prevent forced labour through debt bondage. He became an Associate for Impactt in December 2018 advising on migrant worker rights and management issues.

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