magnify
Home Posts tagged "Business and Human Rights"

Corporate Responsibility for Human Rights Violations: UK Supreme Court Allows Zambian Communities to Pursue Civil Suit Against UK Domiciled Parent Company

Published on April 24, 2019        Author:  and
Twitter
Facebook
Google+
LinkedIn
Follow by Email

On 10 April 2019, the UK Supreme Court held unanimously, in Vedanta Resources PLC and another v Lungowe and others [2019] UKSC 20, that Vedanta Resources, a UK company, arguably owes a duty of care to villagers living in the vicinity of its Zambian subsidiary, Konkola Copper Mines Plc (KCM). Ruling on a procedural appeal, by upholding the jurisdiction of the UK courts, this landmark judgment allows the claimants, 1826 Zambian villagers, to pursue their case against both the parent and subsidiary companies in the UK. The core legal question, whether a parent company can be held accountable under civil law for human rights violations and environmental harm caused by its foreign subsidiary, is central to the ability of many victims of corporate human rights violations worldwide to access justice. The case provides an example of how public international law principles (such as those on corporate responsibility espoused in the United Nations Guiding Principles on Business and Human Rights (UNGPs)) can be realised and achieved though domestic civil law.

Readers may be aware that three inter-related pillars underpin the UNGPs: first, the State duty to protect human rights; second, the corporate responsibility to respect human rights; and third, access to remedy. Relevantly, Guiding Principle 25, in Pillar III, reminds States to “take appropriate steps to ensure” that those affected by business-related human rights abuses within their territory and/or jurisdiction “have access to an effective remedy”. Principle 26 further identifies the need for States to ensure the effectiveness of these remedies, including by removing barriers that can lead to a denial to access to justice.

Two of the intervenors in this case (Corporate Responsibility Coalition Ltd (CORE) and the International Commission of Jurists) wrote a joint submission that sought to support the notion that Vedanta arguably owed a duty of care to the affected communities with reference to international standards and jurisprudence regarding corporate responsibility in relation to human rights and environmental protections. They pointed out that the UK Government explicitly:

stresses the importance of victims being able to secure access to justice in respect of wrongdoing by UK-based business enterprises both domestically and overseas, and indicates that such persons should have access to remedies through the judicial mechanisms of the UK itself.”

In particular, the Government publication Good Business: Implementing the UN Guiding Principles on Business and Human Rights (through which the UK advocates for the implementation of the UNGPs) notes that civil law claims are one remedial avenue in relation to human rights abuses committed overseas by corporations. The interveners further refer to a number of other international standards that aim to increase corporate accountability for human rights and environmental abuses. Robert McCorquodale, counsel representing the intervention of in the case, notes here of his disappointment that the Court did not refer to these international standards in its decision. But even without explicit reference, this case can surely be viewed as a step towards implementing the UNGPs with respect to access to justice, through its removal of obstacles for redress. The specifics of the court’s consideration of access to justice are canvassed in the sections below. Read the rest of this entry…

Filed under: Human Rights
 

Business and Human Rights Law in the Council of Europe: Noblesse oblige

Twitter
Facebook
Google+
LinkedIn
Follow by Email
Daniel Augenstein

Daniel Augenstein

Nicola Jägers

Nicola Jägers

Willem van Genugten

Willem van Genugten

Daniel Augenstein is Assistant Professor at Tilburg Law School. Willem van Genugten is Professor of International Law at Tilburg Law School and at the North-West University in South Africa (extraordinary chair). He also is President of the Royal Netherlands Society of International Law. Nicola Jägers holds the chair of international human rights law at Tilburg Law School and is also Commissioner at the Netherlands Institute for Human Rights.

In January 2013, the Committee of Ministers of the Council of Europe (CoE) instructed its Steering Committee for Human Rights (CDDH) to elaborate a political declaration supporting the UN Guiding Principles on Business and Human Rights (UNGPs), and a non-binding instrument addressing gaps in the implementation of the UNGPs at the European level. This post discusses the evolution of “business and human rights” and the reception of the UNGPs in the Council of Europe. It draws attention to significant differences in policy approach between the CoE’s Parliamentary Assembly and its Committee of Ministers. It then places the discussed policy developments in the context of the CoE’s own key legal human rights instrument, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). We highlight three areas in which the CoE is well-placed to make an important contribution to addressing the detrimental impacts of global business operations on international human rights protection: the interdependency and interaction between civil and political and social and economic rights; state obligations to respect and protect human rights in relation to corporate violations; and the extraterritorial application of international human rights law.

Business & Human Rights in the CoE’s Parliamentary Assembly

CoE activity on business and human rights dates back to 2009, when the Parliamentary Assembly adopted Recommendation 1858 on private military and security firms and the erosion of the state monopoly on the use of force. This was followed, in 2010, by the more general Resolution 1757 and Recommendation 1936 on human rights and business, which among other things highlighted legal protection gaps in the ECHR regarding human rights violations committed by private corporations. Read the rest of this entry…