Nigeria – judicial remedy
he Nigeria NAP provides a list of existing constitutional obligations, domestic legislation, internation obligations, and police and administrative steps. This breakdown only looks at the list of challenges and the implementation of the 3 pillars of the UNGPs.
8.6 CHALLENGES
“c. Cost of litigation is a major impediment to access to remedy for victims of business human rights abuses.
d. Enforcement of judgment of court for successful litigants.
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w. Violation of rights to fair hearing by the courts.” (p.154-155)
PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
ACTIONABLE ITEMS
M. CAPACITY BUILDING
“The following capacity building needs have been identified:
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a. Training of Judges to mainstream the norms and tenets of human in their decisions when considering business related human rights cases.
c. Regulatory agencies should be strengthened to enable them monitor and evaluate the implementation of NAPBHR and also provide remedies when violations occur” (p.160)
PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS
ACTIONABLE ITEMS
E. GRIEVANCE MECHANISMS
“Businesses are obligated to have an Operational Level Grievance Mechanism. A system shall be put in place for the monitoring and reporting of the activities of the grievance mechanism. This will be established in line with the Eight Effectiveness Criteria of the UNGP and in consultation with the target group. A system shall also be put in place for the monitoring and reporting of the activities of the grievance mechanism to identify issues and areas that require administrative, policy or legislative intervention.” (p.163)
PILLAR 3 – ACCESS TO REMEDY
“Access to remedy for communities or persons who are victims of adverse impact of business operations can be through the following framework;
i. State-Based Judicial Mechanism
ii. State-Based Non-Judicial Mechanis [sic]
iii. Non-State-Based Grievance
Access to remedy includes legal, administrative, judicial and non-judical [sic] remedy.
A. STATE BASED-JUDICIAL MECHANISM
State-Based Judicial Mechanism are faced with a number of challenges associated with general justice delivery in Nigeria. These challenges include, delay in the judicial process, overbearing political interference, lack of judicial independence, judicial corruption, low level of judicial awareness of the UNGPs etc.
To address these challenges, the NWAGBHR shall carry out intensive advocacy to the Judiciary in order to effect the issuance of ‘Practice Directions’ that will facilitate speedy resolution of cases of human rights violations by businesses. There will also be a continues sensitization of judges and magistrates on the Action Plan. In addition, Alternative Dispute Resolution approaches will be encouraged.
The NWGBHR shall organise Consultative Engagement Sessions for Judicial Officers at various levels on addressing the problem of delay in resolving business related human rights cases.
The NWGBHR shall encourage Strategic Litigation, not just municipally where these businesses are carried out, but also in the home countries of the respective multinational companies in instances where the violation is caused by transnational corporations. Such litigation would raise awareness on corporate liability for human rights abuses. The Working Group will liaise with the Nigerian Bar Association to explore possibilities of Legal Aid to indigent persons or communities who are adversely affected by business operations but unable to pursue remedy due to cost.” (p.164)
B. STATE-BASED NON-JUDICIAL MECHANISM
“In order to improve the effectiveness of State Based non-judicial mechanism, the following plan of action will be implemented:
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- Strengthening of the National Human Rights Commission to discharge its quasi-judicial responsibilities in addressing human rights violations by businesses; and rendering of effective remedy.” (p.165)