Puspa Pokharel (PhD Candidate)
in Andreas R. Ziegler (ed), Damiano Canapa (ed), and Maria Izabel Cardozo (ed), Business and Human Rights (Brill, March 2025),Chapter 14, pp. 387-406
Introduction: This chapter deals with the means of interface between the judiciary and National Human Rights Institutions (“nhris”) to ensure effective remedies to the victims of business-related human rights abuses. While nhris are considered as one of the state-based non-judicial grievance mechanisms for redressing the human rights abuses by business enterprises, lack of enforcement of their recommendations questions the overall effectiveness of the mechanism. This chapter thus looks into the fundamental relationship, including the interconnection and interaction, between the judiciary and nhris to ensure the enforceability of the nhris’ recommendations to have an actual outcome for the victims.
In the first section, the chapter provides the general background as to how nhris have been incorporated within the business and human rights regime and what are their expected roles within the regime. For the matter, the United Nations Guiding Principles, 2011 (“ungps”) is the primary instrument considered for the study. The second section deals with the concept and ways of interface between the judiciary and nhris. It explores the possible avenues to ensure the enforceability of the nhris’ recommendations. The third section considers the National Human Rights Commission of Thailand (“nhrct”) and National Human Rights Commission of Nepal (“nhrcn”) as case studies. The associated laws that provide grounds for the interface between these two state institutions are identified and analyzed. The chapter also explores the possibilities of interface for cases that have extra-territorial implications. While doing so, the possible challenges associated with them and recommendations are also discussed.
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