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“Protect, Respect, Remedy” - Access to Remedy address

30 November 2009

 

On 10 November 2009 Professor Alan Miller, Chair of the Scottish Human Rights Commission, delivered the following remarks - “Protect, Respect, Remedy - Access to Remedy" during the Corporate Social Responsibility conference held in Stockholm, jointly organised by the Swedish Presidency of the EU Commission and the European Commission. More information about the conference is on their website.

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"Can I first of all thank the Swedish Presidency of the European Union for the invitation to participate in this landmark conference.

Before making any remarks on the topic of “access to remedy” I would like to acknowledge the contributions of both Widney Brown of Amnesty International and Jim Baker of the Council of Global Unions. In doing so I should clarify that nothing I say on this topic is intended to serve as a substitute for but is complementary to the right under human rights law to access to a remedy from an independent court or tribunal and to the human rights to freedom of association, to join a trade union and to engage in collective bargaining.

There are however a number of potential benefits of exploring complementary and innovative access to remedies in the field of business and human rights. Advantages could include remedies, or non-judicial conflict resolutions, which may prove to be speedier, less costly, more local and, most importantly, facilitate relationship-building and development of a common framework of rights, duties and responsibilities.

This exploration is beginning to become part of the agenda of the global network of national human rights institutions (NHRIs), as facilitated by the International Coordinating Committee of NHRIs.

Among the NHRIs there are different mandates, contexts and priorities and certainly no one size fits all in terms of a process or mechanism of developing an access to remedy in the area of business and human rights.

The Scottish Human Rights Commission is developing a mechanism, a Human Rights InterAction, which is an interactive dynamic process bringing all parties to the table (not only in relation to business and human rights issues) and contains four features:-

  • Empowerment – the starting point is presentation of the actual experience of the “victims”, not fitting it into a narrow legal process

  • Accountability – an analysis of all of the human rights at stake (civil, political, economic, social and cultural), introducing the concepts and language of “rights-holders” and “duty-bearers” and so shifting the balance of power

  • Framework of shared responsibilities and actions – not only in terms of providing such remedy as appropriate but also where appropriate going beyond the “no harm” principle and considering the potential positive impact of business as well as the duty of the state

  • Sustainable relationships – recalling the Interaction of the parties so as to review progress in implementation of agreed actions

I hope that that consideration of the above guiding principles may assist others in exploring the benefits of access to remedy where appropriate.

One subject matter which does warrant exploration is the system of public procurement and can I take this opportunity to make a plea to the European Commission that it go further and faster in this regard.

Thank you for your attention."