E/C.12/GC/24
cooperate with one another in order to promote information-sharing and transparency and
prevent the denial of justice.
46.
States parties should ensure that indigenous peoples have access to effective
remedies, both judicial and non-judicial, for all infringements of their individual and
collective rights. These remedies should be sensitive to indigenous cultures and accessible
to indigenous peoples.97
47.
The Committee recalls that all government branches and agencies of States parties,
including the judiciary and law enforcement agencies, are bound by the obligations under
the Covenant. States parties should ensure that the judiciary, in particular judges and
lawyers, are well informed of the obligations under the Covenant linked to business
activities, and that they can exercise their functions in complete independence.
48.
Finally, the Committee draws the attention of States parties to the challenges facing
human rights defenders.98 The Committee has regularly come across accounts of threats and
attacks aimed at those seeking to protect their own or others’ Covenant rights, particularly
in the context of extractive and development projects. 99 In addition, trade union leaders,
leaders of peasant movements, indigenous leaders and anti-corruption activists are often
subject to the risk of harassment. States parties should take all measures necessary to
protect human rights advocates and their work. They should refrain from resorting to
criminal prosecution to hinder their work, or from otherwise obstructing their work.
B.
Types of remedies
49.
Ensuring corporate accountability for violations of Covenant rights requires reliance
on various tools. The most serious violations of the Covenant should give rise to criminal
liability of corporations and/or of the individuals responsible. Prosecuting authorities may
have to be made aware of their role in upholding Covenant rights. Victims of violations of
Covenant rights should have access to reparations where Covenant rights are at stake and
whether or not criminal liability is engaged.100
50.
States parties should also consider the use of administrative sanctions to discourage
conduct by business entities that leads, or may lead, to violations of the rights under the
Covenant. For instance, in their public procurement regimes, States could deny the
awarding of public contracts to companies that have not provided information on the social
or environmental impacts of their activities or that have not put in place measures to ensure
that they act with due diligence to avoid or mitigate any negative impacts on the rights
under the Covenant. Access to export credit and other forms of State support may also be
denied in such circumstances, and in transnational contexts, investment treaties may deny
protection to foreign investors of the other party that have engaged in conduct leading to a
violation of Covenant rights.101
97
98
99
100
101
14
See A/68/279, paras. 50-53; and A Business Reference Guide: United Nations Declaration on the
Rights of Indigenous Peoples, p. 81.
See E/C.12/2016/2 for the Committee’s statement on human rights defenders and economic, social
and cultural rights. See also Human Rights Council resolution 31/32; and General Assembly
resolution 53/144, for the Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms.
See, for example, E/C.12/VNM/CO/2-4, para. 11; E/C.12/1/Add.44, para. 19; E/C.12/IND/CO/5,
paras. 12 and 50; E/C.12/PHL/CO/4, para. 15; E/C.12/COD/CO/4, para. 12; E/C.12/LKA/CO/2-4,
para. 10; and E/C.12/IDN/CO/1, para. 28.
See A/HRC/32/19, annex, for the guidance to improve corporate accountability and access to judicial
remedy for business-related human rights abuse (see, in particular, policy objectives 4-8 of the
guidance), as well as the Corporate Crimes Principles, developed in October 2016 by the Independent
Commission of Experts established by the International Corporate Accountability Roundtable and
Amnesty International.
See, for example, International Centre for Settlement of Investment Disputes case No. ARB/07/26,
Urbaser S.A. and others v. Argentina (award of 8 December 2016), paras. 1194 and 1195.