Colombia

Access to remedy [page 22]

Where the human rights risk prevention has failed and an adverse effect has been caused, the State is obliged to provide remediation, being understood as the implementation of adequate measures to guarantee access to effective remediation. This Plan aims at a consistent judicial and non-judicial mechanism system providing satisfactory solutions to both parties. This requires a proper structure clearing the ways by which citizens might access to effective remedy. Such solutions might be provided through various entities or by strengthening social talks and the civil society empowerment for participation in such mechanisms in equal conditions with the business actors.

X. Judicial and administrative mechanisms [page 23]

It is necessary to identify the improvement spaces within both training of officials and strengthening of the judicial system regarding the business and human rights matters, and access to justice for such individuals who may deem their rights have been infringed.

10.1 The Council to the President for Human Rights will encourage the Ombudsman’s Office to lead the implementation of the access to remedy policies covered by this Action Plan, and to develop a specific training effort for its officers at the territorial and local levels.

10.2 The Task Force on Business and Human Rights, within the year of the Plan being launched, will draw a map of the current judicial and non-judicial remediation mechanisms on business and human rights in the country. Such map will identify which mechanism responds to each type of conflict, and will include a diagnostic of the efficacy and efficiency of the access to judicial and non-judicial remedy mechanisms, according to the United Nations Guiding Principles, identifying the obstacles to access to justice by the affected populations, both legally and practically.

10.3 Upon the Plan launching, the entities part of the Task Force, supported by the Ombudsman’s Office will provide advice on access to the current judicial and non-judicial remediation mechanisms in the country, through its communication channels with citizens. Once completed the mechanism map, the collected information therein is to guide the assistance provided to citizens.

10.4The Ministry of Justice will prepare a gradual adjustment plan to mitigate the primary obstacles to access to effective judicial remedy as identified in the aforementioned mechanism map.

10.5 The Ministry of Justice, together with the Council to the President for Human Rights will design strategies to train judicial operators in the international standards on Business and Human Rights within the year of the Plan launching.