E/C.12/GC/24
corporations, States should combat transfer pricing practices and deepen international tax
cooperation, and explore the possibility to tax multinational groups of companies as single
firms, with developed countries imposing a minimum corporate income tax rate during a
period of transition. Lowering the rates of corporate tax solely with a view to attracting
investors encourages a race to the bottom that ultimately undermines the ability of all States
to mobilize resources domestically to realize Covenant rights. As such, this practice is
inconsistent with the duties of the States parties to the Covenant. Providing excessive
protection for bank secrecy and permissive rules on corporate tax may affect the ability of
States where economic activities are taking place to meet their obligation to mobilize the
maximum available resources for the implementation of economic, social and cultural
rights.88
IV. Remedies
38.
In discharging their duty to protect, States parties should both create appropriate
regulatory and policy frameworks and enforce such frameworks. Therefore, effective
monitoring, investigation and accountability mechanisms must be put in place to ensure
accountability and access to remedies, preferably judicial remedies, for those whose
Covenant rights have been violated in the context of business activities. States parties
should inform individuals and groups of their rights and the remedies accessible to them
pertaining to the Covenant rights in the context of business activities, ensuring specifically
that information and guidance, including human rights impact assessments, are accessible
to indigenous peoples. 89 They also should provide businesses with relevant information,
training and support, ensuring that they are made aware of the duties of the State under the
Covenant.90
A.
General principles
39.
States parties must provide appropriate means of redress to aggrieved individuals or
groups and ensure corporate accountability. 91 This should preferably take the form of
ensuring access to independent and impartial judicial bodies: the Committee has underlined
that “other means [of ensuring accountability] used could be rendered ineffective if they are
not reinforced or complemented by judicial remedies”.92
40.
The guidelines on remedies for victims of gross violations of international human
rights law and serious violations of international humanitarian law 93 provide useful
indications as to the obligations that follow for States from the general obligation to provide
access to effective remedies. In particular, States should: take all measures necessary to
prevent rights violations; where such preventative measures fail, thoroughly investigate
violations and take appropriate actions against alleged offenders; provide victims with
effective access to justice, irrespective of who may ultimately be the bearer of
responsibility for the violation; and provide effective remedies to victims, including
reparation.
41.
It is imperative for the full realization of the Covenant rights that remedies be
available, effective and expeditious. This requires that victims seeking redress must have
prompt access to an independent public authority, which must have the power to determine
88
89
90
91
92
93
12
See E/C.12/GBR/CO/6, paras. 16 and 17; and CEDAW/C/CHE/CO/4-5, para. 41.
See the United Nations Declaration on the Rights of Indigenous Peoples, art. 14; A Business
Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, pp. 30 and 31; and
A/68/279, para. 56 (d).
Guiding Principles on Business and Human Rights, principle 8.
See the Committee’s general comment No. 9 (1998) on the domestic application of the Covenant,
para. 2.
Ibid., para. 3. See also I.D.G. v. Spain, paras. 14 and 15.
See General Assembly resolution 60/147, for the Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law), art. 3 (a)-(d).