Background

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Harmful business operations and destructive development projects have far-reaching and devastating impacts, disproportionately affecting society’s most marginalised and vulnerable populations. The detrimental effects range from appropriation of land and natural resources, severe environmental degradation, negative impact on lives and livelihoods, hazardous workplace conditions, to intimidation, threats and violence against impacted communities and human rights defenders (HRDs). 

 

Across Asia, those seeking accountability for human rights abuses face monumental challenges in accessing effective and timely remedies. Many countries have enacted laws that curtail the freedoms of speech, assembly, and association. These repressive laws are often justified on grounds of national security, public order, or counter-terrorism, but in practice, they are used to silence dissent and hinder the activities of HRDs. Such legal frameworks create an environment where communities and defenders face intimidation, harassment, and legal obstacles when seeking justice for human rights violations committed by corporations.

 

Adding to this, development and infrastructure projects, while often heralded for their economic benefits, have frequently resulted in significant harm to local communities. Large-scale infrastructure projects, such as dams, mining operations, and industrial zones, have led to widespread displacement of communities, including indigenous peoples, depriving them of their homes, lands, livelihoods, and traditional ways of life. In many cases, these communities are confronted with inadequate, biased, or non-existent accountability and redressal mechanisms. Moreover, these projects often proceed without proper consultation with the affected communities, violating their right to free, prior, and informed consent. Environmental degradation is another critical issue, as such projects frequently lead to deforestation, land degradation, water pollution, and loss of biodiversity, undermining the health and livelihoods of those dependent on natural resources. The cumulative effect of these projects exacerbates social inequalities and undermines the rights of the most vulnerable populations, calling for a more sustainable and rights-based approach to development in the region.

 

Despite international frameworks aiming to provide access to remedies for business-related human rights abuses such as the United Nations Guiding Principles on Business and Human Rights (UNGPs), implementation on the ground is often lacking. There is a stark deficiency in the operationalization of remedial pathways, whether through formal judicial processes or non-judicial grievance channels.

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Objectives​​

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This session aims to examine what remedy means for affected populations. It will shed light on the obstacles confronted by communities and human rights defenders seeking accountability and justice, looking into various options for remedies including strategic litigation, community organising, and non-judicial complaints mechanisms. The session will also assess the responsibility of businesses, financial institutions and investors when developing and implementing policies and commitments for remedies. Overall, the goal is to provide a platform for civil society groups and communities to shed light on the challenges faced in accessing remedies and provide practical pathways to safeguard the rights of communities and human rights defenders.

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Key questions​​

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• What are some of the biggest challenges communities face in accessing remedies for violations of their rights?

• What is the role of businesses, financial institutions, and investors in ensuring the rights of communities are respected and protected?

• What are some examples of cases where communities have successfully availed remedies?

 

Format

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The session will be in the form of a panel discussion. The audience will have a chance to express their opinions and provide inputs through the Q&A round which will follow the panel discussion.