Colombia

Access to Remedy

XI. Non-Judicial Mechanisms [page 24]

In view of the foregoing, this section aims at strengthening the talk mechanisms as a way to conflict resolution and access to remedy, in line with the efficacy criteria noted in the Guiding Principles and other international standards.

11.1 As regards the non-judicial remedy, the mechanism mapping referred to in 10.2 above will define the ways to access to each mechanism; the encountered obstacles; the relation between mechanisms; the affected institutions, individuals and communities; as well as the current research, mediation, facilitation, negotiation and arbitration options.

11.2 The Task Force will develop strategies to disseminate the most relevant and appropriate business and human rights extrajudicial mechanisms.

11.3 The Ministry of Commerce, Industry and Tourism, within the six months of the Plan launching, will submit to the Consultation Committee of the National Point of Contact, an analysis of its dissemination strategy regarding the National Point of Contact and will establish the improvement it may deem fit to guarantee access to such point as for conflicts over which it may have jurisdiction.

11.4 The Ministry of Labor and the Public Employment Services will continue to support the talks among workers, unions, enterprises and government for negotiation, as well as the employment mediation and agreement through the mechanisms defined for such purpose

11.5 The Task Force and the Council to the President for Human Rights, supported by the Ombudsman’ Office, will encourage and provide access to mediators and facilitators for the resolution of conflicts as may arise between communities and enterprises, notwithstanding that there may be other pending administrative or judicial processes.