Liberia- 1st- Judicial remedy
CHAPTER ONE: BACKGROUND
1.2. Objectives of the NAPBHR
The objectives of the NAPBHR are:
iv. To strengthen access to state-based judicial and non-judicial remedies for victims of business-related harm.
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CHAPTER THREE: POLICY ACTIONS
3.2. Labor Rights
The following policy actions shall be undertaken to address labor-related abuses and violations.
c) Access to Remedy for labor-related human rights abuses and violations
In the post-conflict period, the government committed to reforming the judiciary to enhance access to justice by the population, including persons seeking remedies for human rights abuse or violation. Regarding business-related infringements, the following measures have been taken:
iii. Strengthening access to justice using innovative tools such as the ADR.
iv. Revision of the Criminal Procedure Law to provide for “plea bargains” in labor-related cases to reduce lengthy trials and their associated costs.
v. The administrative hearing mechanism within the MoL shall be capacitated to expedite labor disputes and become more accessible.
vi. Amendments to the Criminal Procedure Law to provide for longer jury sitting days as opposed to the earlier 42 days required per term of Circuit Courts so that prosecutors and judges, particularly in the leeward counties, can remain in their respective jurisdictions for a longer period and to hear and prosecute as many cases as possible.
3.3. Access to Remedy
Access to remedy within the context of the NAPBHR is aligned with Liberia National Development Plan
The following include the policy actions that the Government of Liberia intends to undertake:
a) Duty to Protect
vii. Train judges and legal practitioners to mainstream the norms and tenets of human rights in their decisions when considering business related human rights cases.
ix. Strengthen regulatory agencies to enable them to monitor and evaluate the implementation of NAPBHR and provide remedies when violations occur.
c) Access to Remedy
Furthering post-conflict judicial reforms with the key goal of enhancing access to justice the following measures have been taken:
iii. The NWGBHR shall organize Consultative Engagement Sessions for Judicial Officers at various levels to address the problems of delay in resolving business-related human rights cases.
iv. The NWGBHR shall promote strategic litigation in seeking access to justice both locally and internationally. Such litigation would raise awareness of corporate liability for human rights abuses. The Working Group will liaise with the Liberia National Bar Association, NGOs, and faith-based legal aid bodies to explore possibilities of rendering legal aid to indigent persons or communities who are adversely affected by business operations but unable to pursue remedy due to cost.
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vi. Training of judges and legal practitioners to mainstream the norms and tenets of human rights in their decisions when considering business related human rights cases.
xi. Organize consultative engagement sessions for judicial officers at various levels on addressing the problems of delay in resolving business-related human rights cases.
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xiii. Capacity-building for these agencies [NWGBHR and NTWGBHR] to enable them to appreciate the human rights component of their mandate and enhance their ability to offer remedies pursuant to their statutory functions.