Access to remedy

When companies are involved in corporate wrongdoing, victims should be able to get both judicial and non-judicial redress. Currently, victims often find themselves in a subordinate position. The government can help to rectify this by improving access to remedy for victims.

The United Nations (UN) emphasises this in the Guiding Principles on Business and Human Rights (UNGPs). It is currently possible in the Netherlands for victims to file a complaint with the National Contact Point for OECD Guidelines (NCP). However, the NCP can only mediate between the parties concerned if all parties are willing to take part. This is not always the case.

Victims should have more options, including the option to take legal action. This is currently very difficult for victims to pursue, due to the barriers they face both financially and in terms of knowledge and information

The government can help to rectify this disadvantage by:

• extending the right of access
• improving the requirements for transparency regarding company structure – so victims know who they should sue
• providing victims with judicial assistance.

The obligations of companies and directors should also be established in law.