National Human Rights Institutions Practices

Business and Human Rights: A Survey
of NHRI Practices
Results from a survey distributed by the Office of the United

Nations High Commissioner for Human Rights
1
PREFACE
This document summarizes the results of a survey distributed to National Human Rights Institutions (NHRI) by the
Office of the United Nations High Commissioner for Human Rights in July 2007. The survey aimed to provide the
United Nations Secretary General’s Special Representative on Business and Human Rights with background
information on the mandates and capacities of NHRIs to manage corporate-related grievances and issues. To date,
43 institutions have responded to the survey. The survey will be redistributed and institutions will have another
opportunity to submit responses. In addition, corrections and further inputs from current respondents are welcome.
The deadline for receipt of additional surveys and inputs is 11 July 2008. Responses will be incorporated in a
second version to be released later this year.
A. SURVEY RESPONDENTS
Antigua and Barbuda Hungary Philippines*
Argentina* Jordan* Puerto Rico
Australia* Kenya* Republic of Korea*
Azerbaijan* Luxembourg* Romania
Belgium Mauritius* Rwanda*
Bolivia* Mongolia* Slovakia
Canada* Morocco* Spain*
Croatia The Netherlands Sweden*
Czech Republic New Zealand* Switzerland
Denmark* Niger* Togo*
Egypt* Nigeria Trinidad and Tobago
Finland Northern Ireland (UK)* Uzbekistan
France* Norway* Zambia*
Germany* Paraguay*
Greece* Peru*
* Indicates those institutions that are Paris Principle Accredited (see http://www.nhri.net/pdf/ICC%20Accredited%20NIs%202005.pdf)
2
B. SURVEY QUESTIONS
Note that many questions additionally asked for descriptions, examples, and written materials.
1. Has your institution developed any tools to raise awareness or to advise companies on human rights (training programmes, codes of conduct, etc.) or to
advise local communities when dealing with companies?
2. Is your institution competent to handle complaints directly lodged against companies?

If so, please answer the following questions:
a. What are the admissibility requirements and who can bring the complaint?
b. As a NHRI, do you have the power to:
□ Investigate the complaint (e.g. on-site investigations or visits, subpoena of files, reports or other documents of evidence; calling for witnesses,
etc.)?
□ Use specific processes to resolve a dispute? (e.g.: trials, hearings, legal assistance, dispute resolution such as mediation or conciliation, adoption
of resolutions, etc.)?
□ Order redress in favour of persons whose rights have been negatively impacted by companies (monetary compensation, verbal or written
apologies, recommendations to the company in order to prevent the recurrence of the same or similar case, publication of a report, release of
public statements, etc.)?
□ Follow up to ensure compliance with any outcomes ordered or agreed upon during the dispute settlement process?
□ Enforce the outcomes (or pass them to a judicial authority for enforcement) ordered or agreed upon by the parties in case of non-compliance?
□ Refer the case to a public prosecutor if a complaint raises criminal matters?
□ Disseminate the findings of your work, including findings related to companies, through your annual report or any other medium?
□ Submit opinions, recommendations, proposals or reports to the relevant authorities concerning companies?
c. Could you provide concrete examples of typical cases you have dealt with?
d. Could you please specify which kind of companies you are competent to deal with (privately owned, publicly listed or State owned or controlled)?
e. Could you specify what types of rights feature most often in complaints against companies and if there are any patterns in terms of the sectors to
which respondent companies belong?
3
f. Can parties to the dispute appeal the decision to a judicial or executive body?
g. Approximately how many complaints regarding allegations of abuses committed by companies did you receive in each of the past four years?
3. Is your institution competent to deal with acts of companies through means other than formal complaints mechanisms?
4. If your institution is not competent to deal with complaints lodged directly against companies, do you have examples of situations or complaints where
companies are involved in alleged human rights violations but for which the complaint has been brought against the State?
5. Does your institution have any monitoring mechanisms in place to assess the impact of companies on human rights on an on-going basis?
6. Does your institution have the power to propose changes and amendments to national legislation and/or policies?
7. Would your institution be interested in attending a dialogue with other similar institutions from other States on ways to address and adjudicate effectively the
human rights impacts of transnational corporations and other business enterprises?
4
C. SUMMARY OVERVIEW OF RESULTS BY CATEGORY
Colour key Scope for handling complaints with regard to NHRIs Page
companies No.
Azerbaijan* 9
Belgium 9
Croatia 12
Czech Republic 12
Finland 15
NO COMPLAINTS MECHANISMS France* 15
Germany* 16
WITH REGARD TO COMPANIES Greece* 16
Luxembourg* 19
Morocco* 20
Northern Ireland (UK)* 23
Norway* 24
Switzerland 33
Zambia* 36
Antigua and Barbuda 6
Argentina* 7
Bolivia* 10
COMPLAINTS MECHANISMS Hungary 16
Peru* 25
AVAILABLE WITH REGARD TO ANY Puerto Rico 27
RIGHTS BUT ONLY CERTAIN KINDS Romania 29
Spain* 31
OF COMPANIES Togo* 33
Trinidad and Tobago 34
COMPLAINTS MECHANISMS Australia*
Canada*
8
11-12
AVAILABLE WITH REGARD TO ANY Denmark* 13-14
Mauritius* 20
KIND OF COMPANY BUT ONLY The Netherlands 21
CERTAIN RIGHTS ISSUES New Zealand* 21
Republic of Korea* 28
Slovakia 30
Sweden* 32
Egypt* 14-15
Jordan* 17
Kenya* 18-19
COMPLAINTS MECHANISMS Mongolia* 20
Philippines* 26
AVAILABLE WITH REGARD TO ANY Niger* 22
KIND OF COMPANY AND ALL RIGHTS Nigeria 23
Paraguay* 24
Rwanda* 29
Uzbekistan 35 5
D. RESULTS GRID
No complaints mechanisms with regard to companies
Complaints mechanisms available with regard to any rights but only certain kinds of companies, e.g., state owned enterprises and/or public service providers
Complaints mechanisms available with regard to any kind of company but only certain rights issues (mainly discrimination)
Complaints mechanisms available with regard to any kind of company and all rights
and name
Possibility to
Country
Competency to handle business Nr. of Policy/Legislation—

Rights at issue Tools for Addressing Complaints appeal Additional tools
related complaints complaints Advising power
decision
Yes. The Ombudsman can handle Investigation: seeking information from various No Yes No
Antigua and Barbuda
Office of the Ombudsman
complaints against a state owned or entities with similar practices, comparative analyses,
controlled company. holding hearings, making on-site visits
Any individual can lodge a complaint Specific processes to resolve disputes: hearings,
if other avenues for redress are expert consultations, mediation
exhausted.
Redress: The Ombudsman can make
recommendations but does not have the power to
enforce them
Follow-up on compliance: power to request

compliance reports, on-site visits, referral to the Prime
Minister in accordance with the Ombudsman Act
Submission of opinions, recommendations, etc: to

the Government and the Parliament
6
and name
Possibility to
Country

decision
Yes. The Ombudsman has the Economic, social Investigation: If needed, investigations can be No Approx. No No
Defensoría del Pueblo
Argentina
power to pursue investigations into or cultural rights. undertaken, for example, concerning environmental 2000 per
complaints from individuals against pollution. year from
private companies delivering public an average
services. Specific processes to resolve disputes: The core of 8000
function is mediation, and the requirement of public received.
officials to remedy a problem.
Refer to Public Prosecutor: In the case of criminal

acts, the ombudsman has to refer the case
immediately to the public prosecutor.
Dissemination of findings: The Ombudsman

produces an annual report on all his activities.
Submission of opinions, recommendations, etc: to

Parliament.
7
and name
Possibility to
Country

decision
Yes. HREOC may take complaints HREOC can only Investigation: HREOC can compel the production of Yes. To a 2004: Yes. HREOC is able to HREOC may consider
Human Rights & Equal Opportunity Commission (HREOC)
Australia
from any person who claims to have handle complaints information and documents from private companies; Judicial Body. 1100 examine existing legislation applications made by
been discriminated against on the related to acts of can arrange site visits; and, in employment and, when requested to do companies for specific
basis of sex, race, age or disability discrimination. discrimination cases where the President of HREOC 2005: so by the relevant Minister, exemptions under federal
by any private company under Complaints mainly has the power to determine a matter, witnesses can 1200 is able to examine anti-discrimination laws;
federal discrimination laws. The relate to disability be called. proposed legislation to and occasionally
alleged discrimination must be in an discrimination in 2006: determine whether the intervene in court
area covered by one of those laws, employment, sex Specific processes to resolve disputes: Disputes 1300 legislation is inconsistent proceedings involving
e.g., employment, provision of goods discrimination in are generally resolved through alternative dispute with or contrary to any human rights complaints
and services, access to premises, employment and resolution; HEROC has a statutory conciliation 2007: human right. HREOC lodged against
education, accommodation, sport, race function. In employment discrimination cases where 1600 reports the results of such companies.
etc. discrimination in the President of HREOC has the power to determine examinations to the
the provision of a matter, this may be done through an oral hearing. Minister. Promotional Tools:
In addition, under the HREOC Act, a goods and HREOC has developed
person can also make a complaint to services. Redress: In employment discrimination cases, HREOC also has the power human rights materials for
the HREOC against a private actor HREOC can recommend that the respondent to report to the federal employers, including
for discrimination on the basis of a company pay compensation, issue an apology, Attorney-General on laws guides on anti-
criminal record, religion, sexual change its policy or practice, etc. that should be passed or discrimination and
preference, social origin, trade union actions that should be harassment in the
activity and other protected grounds. Follow-up on compliance: In cases regarding taken by the federal workplace and
Complaints may also be lodged complaints made under the HREOC Act, HREOC can government on matters accessibility for persons
against a private company alleging a submit a report to the federal Attorney-General relating to human rights. with a disability. These
breach of human rights where it has recommending actions to be taken by one or more The Attorney-General is include fact sheets, codes
acted on behalf of the parties. However, HREOC cannot compel compliance obliged to table any reports of practice, best practice
Commonwealth of Australia, e.g., with recommendations made in such reports. in Parliament within 15 guidelines and other
where a private company operates a parliamentary sitting days. resources. HREOC has
prison that holds Commonwealth Dissemination of findings: HREOC disseminates also undertaken policy
prisoners. information about complaint findings and resolved work in areas of maternity
matters through it annual report, its website, leave, employment of
In addition to dealing with private conferences attended by private companies, direct people with disabilities,
companies, HREOC may deal with mailings to employer representative groups, and the land negotiations, and the
incorporated and unincorporated incorporation of information into resources developed role of detention service
associations and state-owned for private companies. providers.
companies.
Submission of opinions, recommendations, etc: HREOC has also
See Follow-up on compliance. HREOC can make undertaken work to raise
recommendations regarding companies to awareness of rights-related
Government, Parliament, and the Attorney-General as issues regarding resource
part of its education, public awareness and general development on
inquiry functions. Indigenous land in local
communities and in the
Australian corporate
sector. This work has
included facilitating the
development of a set of
principles by a forum of
indigenous people from
Australia’s major mineral
resource regions.8
and name
Possibility to
Country

decision
No. Yes. The Ombudsman may The Ombudsman is able to

The Office of the Commissioner for Human Rights
Azerbaijan
(Ombudsman)
submit motions with regard appeal to the Inspectorate

to the adoption or review of in the Ministry of Labour
laws. and Social Protection to
investigate a labour related
case.
Monitoring of Company
Activities: The
Ombudsman monitors the
climate around labour
issues. The Office’s
annual reports reflect
business and human rights
concerns.
Promotional Tools: The

Office offers legal
education to the public on
human rights, including to
company representatives.
No.
Belgium
Center for Equal Opportunities
and Opposition to Racism
9
and name
Possibility to
Country

decision
Yes. The Ombudsman can handle In the mining or Investigation: The Ombudsman or his staff can Yes, to a 2004: 115 Yes. The Ombudsman has Promotional tools: The
Defensor del Pueblo
Bolivia
complaints against private entities petrol/gas sector, approach any administrative body to obtain the judicial organ out of the power to propose Ombudsman’s office has
supplying public services. In typical complaints information necessary to carry out their functions and and to the 11,691 modifications of laws, organised a campaign to
practice, the majority of complaints involve rights to a cannot be refused access to any records or Supervisor of decrees and non-legal raise public service users’
have related to companies providing healthy documentation related to the activity or service under the Sectoral 2005: 115 resolutions related to human awareness of their rights
the basic services of: environment, investigations. Regulation out of rights. and how to make claims
telecommunications, drinking water private property System. 13,093 for alleged breaches of
and sewage, electricity, and public and prior Specific processes to resolve a dispute: dialogue, (www.sirese.go those rights.
transport. consultation. facilitation, and mediation. v.bo) 2006: 148
out of The Ombudsman initiated
Complaints have also been received With regard to Redress: In the case of investigations, the 15,949 the creation of consumer
against the national rail, television, private companies Ombudsman issues recommendations, suggestions, protection offices both
and mail companies. The providing public and/or a reminder to public authorities of their legal within public service
ombudsman also has oversight of services, typical duties. companies and in their
the two state pension funds complaints relate sectoral oversight bodies.
responsible for long term social to rates, Follow-up on compliance: The authorities are
security. connection to or required to inform the Ombudsman of what measures
interruption of they have taken to remedy the problem. In most
Complaints are not admissible where services. cases there is follow-up, though not exhaustive, on
they: 1) are made in bad faith or the implementation of agreements reached through
there is lack of evidence, 2) relate to mediation.
a matter pending in the courts, 3)
would harm the legitimate rights of Dissemination of findings: Annual report to
third persons, 4) are made against Congress.
individuals that fall outside of the
competence of the ombudsman, 5) Refer to Public Prosecutor: The Ombudsman can
are made more than one year after refer the case to the Public Prosecutor in two
the complainant became aware of situations: a) when the case relates to the
the abuse, and 6) are from an administration of justice or constitutes a crime; b)
anonymous complainant. when the acts or omissions of a public authority or
service provider prevent or obstruct the Ombudsman
in the legitimate exercise of his functions.
Submission of opinions, recommendations, etc:

Following an investigation that reveals violations of
rights, the Ombudsman provides recommendations to
the legally competent authorities, in most instances,
the oversight bodies for sectoral regulation.
10
and name
Possibility to
Country

decision
Yes. The Commission can receive There are 11 Investigation: on-site investigations or visits, Yes, to a 2004: 308 Yes, The Commission has The Commission can
Canada*
Canadian Human Rights Commission
complaints alleging discrimination by prohibited grounds subpoena of files, reports or other documents of judicial body. the power to issue encourage parties to settle
any company that provide services of discrimination. evidence, calling for witnesses 2005: 301 recommendations for disputes before a formal
In 2006, 41% of
across provincial borders and legislative changes to the complaint is filed.
cases were on the
therefore come under federal Specific processes to resolve a dispute: Alternative 2006: 316 Canadian Human Rights Act
ground of
jurisdiction, e.g., airlines, trucking disability; sex: Dispute Resolution, including mediation, conciliation. Monitoring: The
firms, rail, bus, banking institutions. 16%; national or Commission collects data
ethnic origin: 10%; Redress: The Commission can obtain redress on all complaints filed with
Any individual that is a Canadian race: 10%, age: through its alternative dispute resolution processes it and produces reports for
citizen or who is legally present in 7%; family status: (mediation and conciliation). Through Minutes of consideration by the Chief
Canada can file a complaint. In 5%; colour: 4%; Settlement agreed upon and signed by both parties Commissioner,
religion: 3%; sex. the complainant may receive monetary compensation,
certain cases, a third party other Commissioners and Senior
Orientation: 3%; verbal or written apologies, recommendations to the
than the person who suffered from marital status: 1%. management to monitor
discrimination may file the complaint. organization in order to prevent the recurrence of the organizations that fall
If a complaint falls under provincial same or a similar case, training of staff, lost wages, within federal jurisdiction.
reinstatement in a position, policy changes or putting
jurisdiction, then a complainant is These reports are
new procedures in place.
referred to the appropriate provincial produced monthly, and any
human rights commission. All concerns with a specific
The Commission cannot itself order redress. Only the
potential complaints are assessed for Canadian Human Rights Tribunal can do so after department, agency or
their admissibility on either one or conducting hearings and making a finding of organization are raised
more of the 11 prohibited grounds of discrimination. The Commission refers complaints to with Senior Management
discrimination in employment or the Canadian Human Rights Tribunal when it of the Commission.
provision of service as outlined in the believes, based on its own investigation, that an
Canadian Human Rights Act (CHRA) inquiry into the complaint by the Tribunal is warranted. The Commission also
or the Employment Equity Act. If the Tribunal makes a finding of discrimination, it can collects and reports to its
order redress from a list of remedies identified in the Senior Management on the
Canadian Human Rights Act. prevention work specific
organizations are doing to
Follow-up on compliance: The CHRC monitors the enhance their knowledge,
implementation of settlements reached. policies and/or practices
with regard to
Enforcement of the outcomes: If conditions in the discrimination.
Minutes of Settlement have not been met, the CHRC
can file an application with the courts to enforce the Promotional tools: The
agreement. The parties can also apply to the courts Commission has
for enforcement on their own. The Tribunal enforces developed tools to raise
tribunal orders. awareness and advise
federally regulated
organizations on human
rights, including written
materials, presentations,
training programs etc.
11
and name
Possibility to
Country

decision
Referring to Public Prosecutor: If criminal matters The Commission can

Canada*
Canadian Human Rights Commission
are alleged, the complainant is advised to contact the engage with federal
police. If a complaint cannot be resolved, the departments or federally
Commission may investigate the case further, and regulated organizations
may ultimately request that the Canadian Human through a Memorandum of
Rights Tribunal hear the case. Understanding, to work
together to process
complaints effectively.
The Commission also

provides training programs
to managers and
employees on the
prevention of human rights
violations as well as
alternate redress
mechanisms and any
other training the
organization believes
would be of benefit.
No. The Ombudsman can only

Croatia
Office of the Croatian
Ombudsman
consider individual complaints in

which citizens’ rights may be
imperilled by action of governmental
administration bodies, bodies vested
with public powers or officials in such
bodies when they deal with tasks
related to their respective
competence
No.
Czech Republic
Ombudsman
12
and name
Possibility to
Country

decision
Yes. The Danish Institute for Human The Institute can Investigations: The Complaints Committee handles No No Yes. The Institute can The Institute has
The Danish Institute for Human Rights
Denmark
Rights, as part of its mandate, has only handle the cases on the basis of written statements from the statistics advise Parliament and the developed preventive and
established the Complaints complaints that complainant and the defendant. If the Committee finds are Government on Denmark’s promotional measures
Committee for Ethnic Equal relate to race or that there are others who might have information available obligations in the area of (dialogue, workshops,
Treatment, which handles complaints ethnic origin. about the case, these persons are contacted as well. on how human rights. The Institute seminars, courses,
against any company, private or If the Committee finds it useful, it can obtain an expert many often sits on different legal campaigns, events, an
opinion. complaints affairs committees and annual prize:
public, over differential treatment due
are related regularly comments on www.miapris.dk)
to race or ethnic origin both within
Specific processes to resolve disputes: The to legislative bills before they
the labour market and outside the
Complaints Committee can offer mediation to the companies, are put forward in Promotional tools: The
labour market.
parties in a conflict if the Committee finds that it is but a total Parliament. Institute has a Human
appropriate and that the case/conflict is suitable for of 261 Rights and Business
The Committee consists of three mediation. Project, which strives to
complaints
members and a secretariat. The have been combine the expertise of
Committee decides whether a Redress: the Complaints Committee does not have received the human rights research
violation of the prohibition against within its mandate the power to order any kind of since the community with the
differential treatment due to race or redress. It can however give recommendations to a Committee experience of business in
ethnic origin has occurred. These person or more likely to a company to prevent the was order to develop concrete
decisions are however not legally recurrence of the same or a similar case. established achievable human rights
binding. standards for companies
Follow-up on compliance: the Complaints and to help companies live
Anyone can file a complaint. For a Committee can ask/recommend that the company up to those standards in
complaint to be admissible it has to sends for instance a new policy or new guidelines to practice through training
relate to differential treatment due to the committee, if the committee has found that the and advisory services. It
race or ethnic origin and the incident existing ones were discriminatory. has developed a Human
has to have occurred after 1 July Rights Compliance
2003 (for incidents outside the labour Enforcement of the outcomes: the Complaints Assessment tool: an online
Committee cannot enforce an outcome of one of its indicator tool, allowing
market) or after 15 April 2004 (for
decisions, but can recommend that free legal aid be companies to run a check
incidents within the labour market).
given if the Committee has found that the prohibition of HR risks in the company
against differential treatment due to race or ethnic or a project – including
If a complainant is a member of a
origin or the prohibition against victimization has been subsidiaries, suppliers or
trade union and the complaint
violated. subcontractors.
concerns an incident within the
labour market, the Committee cannot
The Institute has a web
handle the complaint if the trade portal for diversity in the
union is handling it as well. workplace:
www.mangfoldighed.dh
13
and name
Possibility to
Country

decision
Refer to Public Prosecutor: The Complaints

The Danish Institute for
Human Rights
Denmark
Committee does not refer cases to the Public

Prosecutor but can advise a complainant about legal
recourse.
Dissemination of the findings: Annual report:

www.klagekomite.dk
Submission of opinions, recommendations, etc.:

to the Government, Parliament and social actors and
other labour market actors
Yes. The Council may receive Complaints Investigations: The Council is not mandated to carry Yes, to a 2004: 13 Yes, the Council authorized No.
National Council for Human Rights
Egypt
complaints with regard to private or typically relate to out a "legal" investigation yet it has the authority and judicial or to propose and recommend
public/state-owned companies. discrimination, competence to conduct on-site investigation visits, executive body 2005: 75 policy and legislative
arbitrary and to make requests from relevant investigation amendments, however, its
Any Egyptian citizen working for the termination of bureaus. Upon receiving a complaint the Council 2006: 36 consultative nature renders
company can bring forward a contracts, investigates its accuracy to determine the extent of its recommendations and
complaint to either the Ombudsman discrimination in any violation and the degree of urgency for any 2007: 21 decisions non-enforceable
office affiliated to the NCHR or the promotions and intervention. The Council or the Complaints
Complaints Committee established bonuses, post- Committee then refers the complaint, along with the
within the Council. retirement Council's recommendations for settlement and
compensation and redress, to the relevant governmental bodies.
benefits, salary
cuts and Specific processes to resolve disputes: The
remuneration. Council's mandate is limited to consultation, however,
it does conduct hearings on certain violations
Particularly in (particularly large scale incidents), which are followed
public sector by presenting recommendations.
companies,
complaints can Redress: The Council can recommend various forms
relate to arbitrary of redress including, monetary compensation and
reassignment. corporate policy adjustment, as well as releasing a
public statement.
Enforcement of outcomes: The Council's

consultative, non-judicial status limits its capacity to
enforce decisions; yet, the Council's status at the
national level does give it "moral leverage” over the
government. In urgent cases the Council has the
competence to address the President of the Republic.
14
and name
Possibility to
Country

decision
Refer the case to Public Prosecutor: The Council

Egypt
National Council for Human Rights
does have the authority to refer to and request

information regarding particular complaints from the
Public Prosecutor and the latter is required, by law, to
respond to Council.
Dissemination of the findings: All the Council’s

opinions, recommendations and proposals are widely
disseminated through its annual reports. These
reports also represent a "naming and shaming" tool
through which the Council brings violations to the
attention of both the Government and the public.

To the Government and Parliament.
Yes. If a company has a public Yes.
of Finland
Finland
Parliamentary Ombudsman
function described in law it can, at

least partly, fall under the jurisdiction
of the Ombudsman. For instance, a
Finnish Broadcasting Company
(Finnish national radio) belongs
under the oversight of the
Ombudsman insofar as the special
public functions of the radio are
concerned.
No No No. There is no formal The Commission has

Consultative des Droits de
l’Homme
France
Commission Nationale
power to make legislative created a working group on

proposals. However, the the question of corporate
Commission can submit social responsibility. It is
opinions to the government also undertaking a study
seeking clarification of on the possibility of
government decisions, which creating a universal
the Government or instrument on human rights
Parliament can use as the and transnational
basis for introducing corporations.
legislative amendments.
15
and name
Possibility to
Country

decision
No.
Human Rights
The German Institute of
Germany
No. Yes.
Rights
Commission for Human
Greece
Greek National
16
and name
Possibility to
Country

decision
Yes. Complaints may be heard A total of 30 Investigation No specific Yes.

Hungary
Office of the Parliamentary Commissioners of Hungary
related to companies providing public constitutional statistics

services. rights were Redress: Where an investigation concludes that an are
infringed in 2006: abuse has taken place, the Office may make a available
Any individual may submit a e.g., the right to proposal for remedy to the supervisory organ of the on
complaint where they believe that an fair procedures, body that committed the abuse; if the body that complaints
act or omission of the company has right to property, committed the abuse is able to terminate this abuse related to
impacted constitutional rights or right to health and within its own competence, the ombudsman may companies.
there is a direct danger of it doing so, legal remedy, right initiate a remedy of the abuse with the head of the However, in
provided he or she has exhausted to social security, body concerned.. 2006, a
available administrative legal right to a healthy total of
remedies. environment, and Refer to Public Prosecutor: The Office may initiate 4000 cases
the right to life and with the competent Public Prosecutor the lodging of a were
human dignity. Public Prosecutor’s protest. received.
Dissemination of findings: The Office’s annual

reports and a collection of cases are available on its
website (www.obh.hu/index_en.htm).
Submission of opinions, recommendations, etc.
17
and name
Possibility to
Country

decision
Yes. Complaints may be filed in The Centre can Investigations: The Centre has the jurisdiction to Yes, to judicial 2004: 33 Yes. The Centre has Monitoring: The Centre
National Centre for Human Rights
Jordan
relation to all companies regarding only address investigate the validity of the complaint through asking and executive authority to ask the state to monitors the performance
the rights of their workers. complaints related for documents, statements and statistics from official bodies 2005: 27 accede to international of companies with regard
agreements relating to
to labour rights. bodies. The Centre has the right to visit any public to workers rights through
human rights, including
The complaint must be filed by a They typically place regarding any violation of human rights. The 2006: 31 labour rights. It has the the following means:
person whose identity is known, and relate to adequate Centre welcomes any citizen who wishes to provide authority to propose 1) receiving complaints
that person must submit data and wages, hours of information cannot authority to force witnesses to 2007: 52 legislation that protects and requests for
information that assists in work that exceed come to the Centre. human rights in the Kingdom assistance, 2) field visits,
understanding the subject of the those specified in as well as the amendment of and 3) monitoring.
legislation in a manner
complaint. the labour law Specific processes to resolve disputes: mediation
compatible with international
without overtime with companies to solve labour problems without human rights treaties. Promotional tools: The
Complaints may be submitted either payment, resort to the judiciary. Centre held three training
by an individual or by a lawyer or mistreatment, and programmes to train 60
relative on his/her behalf if he/she non-provision of a Redress inspectors from the
cannot file the complaint in person. suitable healthy Ministry of Labour, with the
environment in the Follow-up on compliance: The Centre follows up aim of familiarizing them
workplace. with the official bodies concerned to put an end to the with international
violations of the rights of the complainant. This standards for the rights of
process continues until the consequences of the workers. The objective was
violation are eliminated. for the inspectors to apply
these standards in their
Enforcement of outcomes: the Centre does not file inspections of factories and
lawsuits on behalf of the workers who file complaints companies that employ
to the centre. Legal counselling is offered to them local or foreign workers.
regarding the manner of gaining their rights through The program also trained
the judicial process. Assistance can be provided to them to monitor violations
them through a lawyer who cooperates with the of worker rights and to
centre, when they cannot afford the fees of a lawyer. prepare monitoring reports.
Refer to Public Prosecutor: In the case of a criminal

offence, the Centre refers the complaint to the Public
Prosecutor as soon as it is received.
Dissemination of findings: The Centre publishes an

annual report containing recommendations to the
three branches of the state with the aim of taking
measures that limit the violations of human rights in
the Kingdom.

To the Government and Parliament.
18
and name
Possibility to
Country

decision
Yes. The Commission can receive Most complaints Investigations: The Commission can conduct Yes, to a 2003/ Yes. The role of the Through its Economic,
Kenya
Kenya National Commission on Human Rights
complaints against a private or public relate to labour investigatory field visits, summon documents or judicial body 2004: 220 Commission’s research, Social and Cultural Rights
company from any individual alleging rights, e.g., unfair individuals and record statements from witnesses. (High Court) policy and legislation Programme, the
the violation of any human right. and wrongful 2004/ programme is, for example, Commission has been
dismissals, Specific processes to resolve disputes: 2005: 423 to examine legislation with a working to influence the
Complaints can be lodged by victims unhealthy working Public inquiries, mediation/conciliation (for individual view to making corporate world and other
themselves or on their behalf. conditions, failure labour complaints). The Commission’s Complaints 2005/ recommendations that will non-state actors to
or refusal to pay hearing panel is the quasi-judicial arm of the 2006: 419 make such laws human- contribute towards the
termination dues Commission which normally hears potentially rights friendly. One current realization of human rights
to dismissed precedent-setting complaints. 2006/ issue is the Public-Private by investing in social
workers. Other 2007: 402 Sectors Agreements (PPA): responsibility activities.
rights commonly Redress: depending on the nature of the complaint the aim is to ensure that The Commission has thus
covered are: the and the kind of redress the complainant sought, these agreements have a been collaborating with the
right to a clean redress may include written apologies, publication of a positive impact on human Kenya Bureau of
and healthy report, monetary compensation (specifically in cases rights by adhering to the Standards and other like-
environment; of refusal or delay by companies to pay dues to their human rights based minded organizations to
rights-based dismissed employees) approach to development. participate in the
approach to development of ISO 26000
development, e.g., Follow-up on compliance: In the case of standards on Social
a lack of conciliation, the Commission follows up by phone or in Responsibility. The
consultation with writing with the complainant and respondent company Commission also meets
local communities. to find out if the conciliation agreement was complied with the local chapter of
with. In the case of on-site investigations, the the Global Compact.
Commission often conducts follow-up on-site
investigations to assess whether the concerned Promotional tools: The
parties are implementing the recommendations. Commission is working
with salt mining companies
to develop human rights
codes. It is also exploring
ways of working with
corporate bodies to
develop a self-assessment
tool.
19
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Possibility to
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decision
Enforcement of outcomes: by itself the Commission

Kenya
Kenya National Commission on Human Rights
does not enforce the order it makes, but decisions of

the Hearing Panel are enforceable by the High Court.
However, given the amicable environment in which
conciliation sessions are normally held, parties, of
their own volition, normally comply with the
agreements reached at the end of conciliations.
Refer to Public Prosecutor: The complaints and

investigation programme of the Commission normally
refers complaints to other partners either immediately
when it receives the complaint or after conducting
preliminary/further investigations. Therefore, cases
that are clearly criminal in nature are often referred to
the police for investigation and possibly prosecution.
However, in some borderline cases, the Commission
may receive and investigate a case and, under
Section 25(a) of its Constitutive Act, later refer it to the
Attorney General for prosecution, when the criminal
nature of the case becomes evident.
Dissemination of information: An annual report on

the human rights performance of the Government is
submitted to the President and the National Assembly.
Pursuant to its advisory role, the Commission can also
submit special public reports, e.g. its report and
recommendations regarding the 2005 Public Inquiry
into salt mining operations.

see above.
No. The Commission has purely Yes. The Commission can

Rights
on Human
Consultative
Luxembourg
Commission
consultative status. advise on legislative

proposals, either on a
request of the government
or on its own initiative.
20
and name
Possibility to
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decision
Yes. The Commission can handle The Commission Investigations : The Commission has quasi-judicial Yes, to a 2004 : 1 Yes. The Commission may ask
Mauritius
National Human Rights Commission
complaints against state owned can address competence. judicial body. labour inspectors of the
companies for violations of human violations of any 2005 : 6 Ministry of Labour to
rights, sex discrimination and sexual human rights with Specific processes to resolve disputes: Hearings, investigate complaints of
harassment. It can handle regard to state- Conciliation, and Recommendations. 2006 : 1 migrant workers exploited
complaints against other companies owned enterprises, by recruiting agents.
for sex discrimination and sexual but only sex Redress: Monetary compensation, verbal and written
harassment. Any aggrieved party discrimination and apologies, recommendations to the company, and
can submit a complaint. sexual harassment publication of a report.
with regard to
private companies. Follow-up on compliance: Compliance is
ascertained by correspondence or contacting the
Complaints complainant directly.
typically relate to
discrimination, Refer to Public Prosecutor: After a hearing, a
sexual complaint can be referred to the Director of Public
harassment, and Prosecutions.
the housing rights
of migrant workers Dissemination of findings
in the textile
industry. Submission of opinions, recommendations, etc: to
the Government, Parliament, and other bodies.
Yes. The Commission can conduct Examples include Submission of opinions, recommendations, etc: to Yes
Human Rights
Mongolia
of Mongolia
National
Commission
inquiries into the activities of sexual harassment the Government, Parliament and other bodies
business entities. and compensation.
No.
des droits de
l’homme
Conseil
Morocco
consultatif
21
and name
Possibility to
Country

decision
Yes. The Commission can receive The company can Investigation: If needed, the Commission may allow Yes. 2005: 207 Yes. Promotional tools: The
The Netherlands
Equal Treatment Commission
complaints against any company for handle complaints witnesses to submit their opinions and may make use (10% of all Commission provides
acts of discrimination. with regard to of the knowledge of experts. complaints) advice and information to
discrimination/ the public and private
With regard to discrimination on the unequal treatment. Specific process to resolve disputes: Hearings, 2006: 253 sectors with the aim of
basis of disability, chronic illness and Age discrimination mediation. (11% of all increasing knowledge of
age, the prohibition of discrimination is a recurrent complaints) equal treatment. It also
is temporarily restricted to complaint with Redress: The Commission cannot demand monetary takes requests for
employment, including vocational regard to compensation but can make recommendations to a assessment of practices
training, but is due to be extended to companies. company although it cannot force the company to and regulations.
other fields, notably the provision of follow them.
goods and services.
Follow-up on compliance: The Commission
includes notes on compliance in its annual report.
However, it cannot force company to follow its
recommendations.
Submit opinions, recommendations, etc.: to the

Government, Parliament, and relevant social bodies.
Yes. The Commission can handle The Commission Specific process to resolve disputes: Mediation.
Human Rights
New Zealand
Commission
complaints against any companies can only handle

operating in New Zealand related to complaints related
unlawful discrimination. to discrimination.
22
and name
Possibility to
Country

decision
Yes. The Commission can hear Complaints Specific processes to resolve disputes: hearings, No 2004: 12 Yes. The Commission can The Commission can
Niger
National Commission on Human Rights and Fundamental
Freedoms
complaints related to any company. typically relate to legal assistance, conciliation, and mediation. examine and make undertake investigation
worker payments, 2005: 13 recommendations to the missions and spot-checks.
health and safety, Redress: The Commission can adopt resolutions, public authorities with regard The Commission can
and environmental make recommendations, publish reports, and make 2006: 14 to any human rights texts. summon representatives of
concerns. public declarations. public, semi-public or
2007:NA private parties for the
Follow-up on compliance: The Commission may purposes of investigations
make on-site follow-up visits with regard to the and can commission
implementation of the parties’ undertakings. special representatives.
Enforcement of the outcomes: The Commission Promotional tools: The

can refer the case to judicial authorities. Commission provides
training programmes,
Refer to Public Prosecutor: The Commission can sensitization campaigns,
refer a case to the Public Prosecutor where translation of the
appropriate. Constitution, radio
broadcasts.
To the Government and Parliament and to the
OHCHR, the African Commission and the OIF
(Organisation Internationale de la Francophonie)
23
and name
Possibility to
Country

decision
Yes. The Commission can receive Complaints Investigations: The Commission can conduct on-site Yes, to a 2004: 104 Yes. The Commission has No.
Nigeria
complaints against any kind of typically relate to visits when necessary. It is not yet empowered to judicial body. organized workshops on
company. Anyone can submit a the right to work, subpoena files, reports or other documents of Parties to 2005: 149 proposed legislation on anti-
complaint. the right to a fair evidence or calling for witnesses. But the Commission disputes can discrimination in HIV/AIDS
hearing, freedom Amendment Bill that is now before the Parliament take the case to 2006: 142 and Sexual Harassment;
from captures these steps. a court even The Commission
discrimination, when the 2007: 29 participated in hearings on
Specific processes to resolve disputes: Mediation,
and sexual Commission the Freedom of Information
conciliation and the adoption of memoranda of
harassment. has taken a Bill, Prisons Service
understanding.
decision on it. Commission, Child Rights
Redress: The Commission can make Act, Administration of
recommendations to companies on remedial options Prisons Reform Bill, National
and compensation. Human Rights Amendment
Bill, etc.
Follow-up on compliance: The Commission can
follow up but it has no power to enforce its decisions.
Refer to Public Prosecutor: The Commission can

refer a case to the police for investigation as soon as
it appears that a complaint raises criminal questions.
Disseminate findings: through its annual reports

To Government and Parliament.
No. The Commission can only Submission of opinions, recommendations, etc: Yes. The Commission The Commission’s legal
Northern Ireland Human Rights
Northern Ireland, UK
Commission
handle complaints against public To Government and Parliament. In principle, the proposes changes to UK- staff can intervene
authorities. Commission can offer recommendations to any state wide or Northern Ireland informally through
or non-state body, but so far has not addressed any to laws, policies or practices. It mediation in some
companies. mostly does so in response disputes.
to consultations but also
lobbies government on, for Promotional tools: The
example, the ratification of Commission houses a
treaties. library of CSR-related
publications. In addition, it
produced guides on the
rights of migrant workers.
24
and name
Possibility to
Country

decision
No. Yes. The Centre can make Yes.

for Human Rights
Norway
Norwegian Centre
recommendations in
connection with public
hearings on new bills and
propose changes to official
guidelines or measures.
Yes. The Ombudsman can receive Complaints Investigations: Representatives of the Ombudsman Yes, to a 2005: 3147 Yes. The Ombudsman Monitoring: the
Paraguay
Defensoría del Pueblo de la Republica de Paraguay
complaints against any company. typically relate to can make on-site visits when necessary. judicial organ. made a legislative proposal Ombudsman conducts
Any citizen can lodge a complaint. , the rights of 2006: 3355 to recognise the Institute of inspections and oversight
consumers, the Specific processes to resolve disputes: mediation Higher Strategic Studies as of companies
right to work, and conciliation. an Institution of Higher
women’s rights, Education that can issue
and the rights of Redress: The Ombudsman can make Masters degrees. The
minors. recommendations to companies with the aim of proposal was approved.
preventing the recurrence of abuses.
Follow-up to ensure compliance: The Ombudsman

and his representatives can make unannounced on-
site visits to verify compliance.
Enforcement of the outcomes: The Ombudsman

can refer cases to the judiciary for enforcement.
Refer the case to Public Prosecutor: The

Ombudsman must refer criminal cases to the public
prosecutor as soon as they arise.

To Parliament.
25
and name
Possibility to
Country

decision
No. Yes. The Ombudsman has The Ombudsman cannot

Peru
Defensoría del Pueblo de Perú
the power to initiate handle complaints directly

legislation and regularly against companies, but
elaborates reports can seek information from
containing recommendations the state about a company
aimed at improving public and the state’s actions in
policies. rectifying any inappropriate
or illegal act by the
company.
The Ombudsman
presented an extraordinary
report to Congress entitled:
“Socio-environmental
conflicts due to extractive
activities in Peru” including
recommendations to
extractive companies and
to civil society on the
improvement of relations
and avoidance of
escalating violence around
conflicts.
Monitoring: The
Ombudsman cannot
monitor companies
directly, but, whether in
response to a complaint or
on its own initiative, he can
ask the competent state
authorities to undertake
studies of the
environmental quality of
the surroundings, or place
environmental controls on
certain companies.
26
and name
Possibility to
Country

decision
Yes. The Commission can handle Complaints Investigation: the Commission has the power to Parties can 2004:6 The Commission has the The Commission can
Philippines Commission on Human Rights
Philippines
complaints related to any company typically relate to investigate on its own or on complaint by any party, all appeal a power to propose national conduct investigations on
2005:3
with regard to human rights the rights of forms of human rights violations involving civil and decision of the legislation on human rights; its own initiative through
political rights; to grant immunity from prosecution to 2006:5
violations. indigenous Commission to propose changes and public inquiries, fact-finding
any person whose testimony or whose possession of 2007:2
communities, the documents or other evidence is necessary or helpful first to the amendments to national missions and other means.
right to health, to determine the truth in any investigation conducted executive legislation; and to propose
and there has by it or under its authority; and to request the branch, in line ratification of international
Promotional tools: The
been in pattern of assistance of any department, bureau, office or with the instruments.
agency in the performance of its functions. Commission developed
complaints related principle of It is the Commission’s two training programmes
to exhaustion of responsibility to ensure that
Specific processes to resolve disputes: Public on human rights for the
industrialisation. administrative proposed legislative
inquiries, Alternative Dispute Resolution (mediation, Manila Peninsula Hotel
remedies, and measures comply with
conciliation and compromise agreements) Management and Workers
then, as a last international standards in in 1990-1991.
resort, to a relevant human rights
Redress: The Commission cannot order redress but judicial body instruments. The
can make recommendations to the company in order
to prevent the recurrence of the same or a similar Commission has its own
case. It can publish reports, release public human rights legislative
statements and issue Human Rights Advisories. agenda, which it submits to
the President, both Houses
Follow-up compliance: The Commission provides of Congress, relevant
follow up through a monitoring report or status report government agencies and
partners in civil society.
Enforcement of outcomes: Enforcement is
sometimes possible through administrative processes,
but more often through a judicial process.
Refer to a Public Prosecutor: The Commission can

refer a case that raises criminal matters to the public
prosecutor at the time it finds appropriate.
Dissemination of the findings: Through an annual

report
Submission of opinions, recommendations: to the

Government and other bodies such as NGOs, civil
society and other concerned parties.
27
and name
Possibility to
Country

decision
Yes. The Office can handle The Office can Refer the case to Public Prosecutor: The Office is 2004: 6000 Yes. The Office can The Office can summon
Puerto Rico
Oficina del Procurador del Ciudadano
complaints related to companies address not obliged to refer cases that raise criminal issues, promote and recommend public servants and require
controlled by the state or public complaints related but will do so when a complaint relates to the Office’s 2005: 6500 the approval of any that studies or evidence be
corporations providing basic public to rights affected duty of oversight of governmental acts and legislative proposal. provided with regard to
services through the procedures: 2006: However, due to Puerto public companies under
provision of basic 10,000 Rico’s political relationship the Office’s jurisdiction.
public Dissemination of outcomes: The Office has the with the United States, this
services (water, mandate to publish its opinion when a transnational legislative proposal could Promotional tools: The
sanitation, corporation is involved in a complaint, though it not cover all areas of Office undertakes
electricity) that the usually refers the matter to the state body with operation of a transnational awareness-raising
State has the legal jurisdiction and then oversees its response. company activities to sensitize
duty to provide to officials working in public
its citizens Submission of opinions, recommendations, etc.:: companies about the
to Government and Parliament possible negative impacts
of their actions on human
rights
28
and name
Possibility to
Country

decision
Yes. The Commission can handle The Commission Investigation: The Commission may demand the Cases that are There are The Commission may The Commission may
Republic of Korea
National Human Rights Commission of the Republic of Korea
complaints related to any legal body, can only handle submission of materials, require persons with deliberated and no specific recommend to related initiate an ex officio
organisation or private individual complaints against knowledge of the facts to appear before it, and decided by the statistics on entities to improve or rectify investigation if it deems
regarding an alleged discriminatory companies that question persons who may know the location of Commission are cases specific policies and there is reasonable cause
act or any violation of the right to relate to materials or persons necessary for the case. not subject to involving practices or present opinions to believe that human
equality. discrimination/the administrative companies. thereon. The heads of those rights violations or
right to equality. Specific processes to resolve disputes: hearings, appeals, except entities are required to discriminatory acts have
Complaints conciliation, recommendations of compromise, and where the respect or endeavour to been committed.
typically relate to recommendations of remedies. Commission’s implement the
acts of favourably decision is for recommendations or clarity The Commission may also
Redress: If parties fail to reach a compromise through
treating, excluding, ‘administrative in writing the reasons for not present opinions on de jure
conciliation, the Conciliation Committee may make a
differentiating, or action’, which is doing so. The Commission matters to the competent
decision in order to fairly settle the case, e.g.
unfavourably subject to may publish its court or the Constitutional
cessation of a discriminatory act, restitution or
treating a administrative recommendations and the court, if requested by that
compensation for damages, measures to prevent the
particular person litigation. reasons provided by the court.
recurrence of the same or a similar discriminatory act.
in employment entity.
If parties do not object to the decision within 2 weeks,
(including Promotional tools: The
they are deemed to have accepted it. The
recruitment, hiring, Commission has provided
Commission may also recommend to a company
training, human rights education
remedial measures or the improvement of a policy or
placement, through consultations for
practice. In cases where a probable on-going
promotion, wages, large companies and
discriminatory act is deemed likely to cause
payment of companies that signed the
irrevocable damage, the Commission may
commodities other Global Compact. It is also
recommend urgent relief measures.
than wages, loans, developing human rights
age limit, Follow-up on compliance education materials for
retirement, and companies that present
dismissal, etc.) Refer to Public Prosecutor: The Commission may example cases and
refer to the Prosecutor General any complaint where standards for
there is reasonable cause to believe that the facts improvements. It also
causing the complaint reflect criminal acts. plans to organize an
Disseminate findings: The Commission prepares an international conference on
annual report and may present special reports to the the issues of human rights
Chief Commissioner and the National Assembly, and business.
which are made public providing there is no
requirement for confidentiality. The Commission may
release the contents and results of investigations/
conciliations/recommendations and measures taken
by the parties to complaints.
29
and name
Possibility to
Country

decision
Yes. The Advocate of the People Any rights and Redress: The Advocate of the People can make Yes.
Romania
Advocate of the People
can handle complaints against public freedoms. decisions on complaints and can request relevant
corporations that are not administrative authorities or civil servants to put an
transnational corporations nor end to a violation of civic rights and freedoms, to
companies subject to private law. reinstate the complainant in his rights and to redress
for the damages thus caused.
Any individual can file a complaint.
Yes. The Commission can handle Complaints Investigations No. Decisions The Commission has the No
Rwanda
National Commission for Human Rights
complaints against private and state- typically relate to made by the power, on request or its own
controlled companies. Several types the right to work Specific procedures to resolve disputes: mediation Commission initiative, to give opinions on
of complaints can be lodged to the (abusive and conciliation, enquiries on individual cases, must be legislative proposals related
Commission: terminations) and hearings (public or in camera), public enquiries at the executed at the to human rights
the right to national level. Commission
 Complaints that have been property level. However
lodged with the competent organs Redress: the Commission has the power to order the decisions
but which have not been resolved redress in line with an agreement signed between the can be used as
or not been resolved within the parties to the conflict: e.g. monetary compensation, evidence by
legal deadline) apologies, return to work in case of abusive layoff. competent
bodies since
 Complaints related to Enforcement of outcomes: the Commission has the settlements to a
judicial decisions where human power to engage competent bodies in order to resolve complaint take
rights principles were not respected a conflict over enforcement of an outcome and it can the form of a
also remind a party found to have breached human written
 Complaints resolved by rights of their obligation to respect a settlement agreement
competent organs but where those reached between the parties and can organize between the
decisions have not been additional meetings between the parties. parties, who are
implemented under oath.
Refer the case to a Public Prosecutor: Criminal
In addition, the Commission can complaints cannot be addressed by the Commission
receive complaints against and are forwarded to competent bodies in line with
companies when the complainant criminal law procedure
wishes to pursue mediation via the
Commission before any recourse to Submit opinions, recommendations, etc: to
other competent bodies. competent bodies such as administrative authorities,
the labour inspectorate, relevant Ministers,
Parliament.
30
and name
Possibility to
Country

decision
Yes. The Centre can handle The Centre can Investigation: Public entities are obliged to provide No, because of 2004: 194 Yes, The Centre is a Where complaints fall
Slovak National Centre for Human Rights
Slovakia
complaints against any kind of only address information. The right to obtain any document is the non-binding member of the Committee outside the Centre’s
company that relates to issues of limited by data protection legislation and requires the character of the 2005: 390 for Amendments of the mandate, it provides
discrimination. discrimination/ approval of the person in question. The Centre can decisions made Antidiscrimination Act consultation and advisory
equality. consult with non-governmental organizations. by the Centre. 2006: 423 established by the services and assigns the
Complaints However a Government Office. case to a relevant
typically relate to Specific processes to resolve disputes: The Centre complainant institution.
sexual and other can provide legal assistance, can represent a victim of can empower
harassment, discrimination before a court with his/her approval, or the Centre to Monitoring: In relation to
bullying, mobbing. can use mediation to achieve a settlement. represent it in a companies, the Centre
civil action in undertook a monitoring
Redress: The Centre can provide only non-binding court. research project entitled:
expert opinions which are considered “Representative Research
recommendations to the parties to the dispute or to on Perceptions of Human
the Court. The Centre is not entitled to impose Rights and the Principle of
sanctions. Equal Treatment by the
Adult Population in
Refer to Public Prosecutor: The Centre is not Slovakia”
competent to act in instances that raise criminal
matters. It can provide a complainant with Promotional Tools: The
consultation and advisory services or refer it to the Centre can prepare
relevant institution (police, prosecutor, etc.). educational activities and
participate in information
Dissemination of findings: Publication of the Annual campaigns. It has
Report on the Observance of Human Rights in participated in two big anti-
Slovakia. discrimination campaigns,
which included training on
Submit opinions, recommendations, etc.: To anti-discrimination
Government and, on a voluntary basis, to the legislation for various
Parliament. target groups—employers,
labour offices, judges, and
students. Statements and
opinions of the Centre are
published by the media
and accessible on the web.
31
and name
Possibility to
Country

decision
Yes. The Ombudsman can handle Investigation: The Ombudsman can initiate and The Ombudsman can No.
Spain
The Office of the Ombudsman
complaints related to a public pursue an investigation directed towards oversight of suggest modifications to the
company, a company that involves the company’s activities, whether directly with the criteria used for the
public capital or that is entrusted with company or through the administrative entity amendment of administrative
the provision of any universal responsible for its regulation and oversight. acts and decisions. He can
service. appeal against legislation on
the grounds of
unconstitutionality or legal
protection.
Based on investigations, the

Ombudsman can submit
warnings, recommendations,
and reminders of legal duties
and suggestions for the
adoption of new measures
to the authorities. If the
authorities do not respond,
the Ombudsman can publish
the facts in its annual report.
32
and name
Possibility to
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decision
Yes. The Ombudsman can handle The Ombudsman Investigations: The Ombudsman can investigate 2004: 794 The Ombudsman The Ombudsman
Ombudsman Against Ethnic Discrimination
Sweden
complaints related to any kind of can only handle complaints, ask for written statements from the parties comments on proposals for cooperates with companies
company with regard to ethnic or complaints related involved, hold hearings, and in employment cases 2005: 888 amendments to current and NGOs through various
religious discrimination. to ethnic or demand material concerning who was offered the job, anti-discrimination projects.
religious under penalty of a fine. 2006: 757 legislation and makes
A complainant must be directly discrimination. recommendations for Monitoring: The
affected by the discriminatory action Complaints Specific processes to resolve disputes: The 2007: 545 improvements. Ombudsman has the
to be able to make a claim. frequently involve Ombudsman cannot itself decide whether the act has (up to 15 explicit task to monitor
claims that been discriminatory but will, if it is not possible to August) employers, both public and
If the person making the complaint is someone did not reach a voluntary agreement, begin court private, to supervise their
a member of a trade union get a job because proceedings. compliance with
organization, the law requires that of their ethnic discrimination legislation.
the union has precedence to bring origin; and Redress: Redress can only be obtained through Results are reported
the matter to court. complaints about voluntary agreements or through a court judgment. annually.
pubs and Voluntary agreements often involve compensation to
restaurants the victim of discrimination, but can also be apologies, Promotional tools: The
discriminating or a change to company policies. They always Ombudsman is
against patrons. involve the release of public statement. Only a court cooperating with trade
can order damages. unions and employers to
develop a handbook on
Follow-up on compliance: The Ombudsman how to combat
normally follows up on agreements or judgments. If a discrimination. It trains
voluntary agreement is not implemented, the employers, trade unions
Ombudsman will take the matter to a court. and NGOs to try to raise
awareness and increase
Refer to Public Prosecutor: If a case concerned their knowledge of the
criminal matters, the Ombudsman would refer it to a national legislation that
Public Prosecutor. However, this has so far never prohibits discrimination.
occurred.
Dissemination of findings: through mass media, the

website, the Ombudsman’s public statements and
other means.

Government and trade unions.
33
and name
Possibility to
Country

decision
No.
Switzerland
Commission
Against
Federal
Racism
Yes. The Commission can handle Complaints Investigations: The Commission can conduct visits, Yes, to the 2004: 5 Yes. The Commission can The Commission has
Togo
complaints against state-owned or typically relate to: hold hearings of witnesses or victims, subpoena files, judicial branch examine and recommend to conducted studies and
state-controlled companies with security and documents, reports, etc 2005: 3 the public authorities new prepared detailed reports
regard to any human rights. physical integrity texts on human rights. on the human rights
of workers, Specific processes to resolve disputes: 2006: 6 situation in the country,
The complaint may be brought by protection of Conciliation or mediation. If needed, the Commission including within
the victim or by a third-party workers from has the power to address recommendations to public 2007: 4 companies.
individual or organization acting on abusive authorities or to refer the case to tribunals.
the victim’s behalf or for his/her terminations,
interests. dignity of the Redress: Conciliation can lead to monetary
person. compensation, restoring a victim to his/her rights, or
publication of a report .
Sectors typically
involved are Follow-up on compliance: the Commission follows
manufacturing and up to ensure that agreements between parties or
services providers decisions of the Commission are respected.
Enforcement of the outcomes: the Commission can

refer a case to a tribunal in the event that there is any
obstruction to the implementation of its decisions.
Dissemination of findings
Submit opinions, recommendations: to the

Government, Parliament and other State authorities.
34
and name
Possibility to
Country

decision
Yes. The Ombudsman can handle Investigation: The Ombudsman cannot summon No. No. Yes. No.
Trinidad and Tobago
Office of the Ombudsman
complaints against state-owned or witnesses or compel them to give evidence under

controlled companies. oath, but can enter and inspect the premises of a
particular agency and, where necessary, call for,
examine and retain any document kept on such
premises.
Specific processes to resolve disputes: When a

complaint is deemed justified, recommendations are
submitted for resolution of the matter or to provide
appropriate redress for the injured party.
Redress: Redress is aimed at placing the injured

party in the position that he/she should have been in
had he/she not sustained an injustice.
Follow-up on compliance: Written confirmation is

sought from both parties that the agreed action has
been taken.
Enforcement of outcomes: where the Ombudsman’s

recommendation for the resolution of a complaint is
not implemented, a report on the matter is submitted
to the Parliament.
Refer to Public Prosecutor: The Ombudsman refers

criminal cases to the Public Prosecutor as soon as the
complaint arises.
Submission of opinions, recommendations, etc.:

to Parliament
35
and name
Possibility to
Country

decision
Yes. The Ombudsman can handle Complaints Investigation: The Ombudsman can: No. 2006: 295 Yes. The Ombudsman is Monitoring: The
Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights
Uzbekistan
complaints with regard to any kind of typically relate to labour- mandated to promote the Ombudsman and his
enterprise. labour issues:  Seek assistance from state agencies, related improvement of legislation regional representatives
dismissal, institutions, officials regarding information about a complaints in Uzbekistan on human have conducted monitoring
Complaints can be submitted by payment of wages, case. rights in accordance with of the observance of
citizens, foreign citizens and compensation to international legal norms. women’s labour rights in
stateless persons regarding workers for health  Invite officials and representatives or textile companies.
violations of their rights, freedoms related issues and organizations (other than the one under
and legitimate interests. injuries, failure to investigation) to investigate the circumstances to Promotional tools: The
comply with labour be clarified. Ombudsman organizes
contracts, seminars and training for
recruitment,  Visit organizations and officials. representatives of local
leisure time, communities, farmers and
women’s and child  Request official documents, material and other business enterprises.
labour issues, other information from officials and organizations.
labour discipline,
collective  Receive explanations from officials.
agreements, rights
of trade union  Charge organizations and experts with
committees. They preparation of conclusions on matters to be
may also raise clarified.
disagreements
over a court  Participate in examinations carried out by
decision on labour organizations and officials on issues dealing with
disputes. rights, freedoms and legal interests of citizens
 Meet and interview detained and convicted

persons.
Redress: The Ombudsman can initiate proceedings

against individuals whose actions violated the rights
and freedoms of citizens.
Referring cases to a public prosecutor: The

Ombudsman is entitled to forward the complaint to
organizations of officials who are competent to settle
the issue.

Government and Parliament
36
and name
Possibility to
Country

decision
No. Promotional tools: The

Human Rights
Zambia
Commission
Permanent
Commission carries out

HIV/AIDS and labour rights
promotion through the
Zambia business coalition
on AIDS.
37

National Human Rights Institutions Practices

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National Human Rights Institutions Practices

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Business and Human Rights: A Survey

Results from a survey distributed by the Office of the United

2. Is your institution competent to handle complaints directly lodged against companies?

b. As a NHRI, do you have the power to:

□ Refer the case to a public prosecutor if a complaint raises criminal matters?

Competency to handle business Nr. of Policy/Legislation—

Follow-up on compliance: power to request

Submission of opinions, recommendations, etc: to

Competency to handle business Nr. of Policy/Legislation—

Refer to Public Prosecutor: In the case of criminal

Dissemination of findings: The Ombudsman

Submission of opinions, recommendations, etc: to

Competency to handle business Nr. of Policy/Legislation—

Competency to handle business Nr. of Policy/Legislation—

No. Yes. The Ombudsman may The Ombudsman is able to

submit motions with regard appeal to the Inspectorate

Promotional Tools: The

Competency to handle business Nr. of Policy/Legislation—

Submission of opinions, recommendations, etc:

Competency to handle business Nr. of Policy/Legislation—

Competency to handle business Nr. of Policy/Legislation—

Referring to Public Prosecutor: If criminal matters The Commission can

The Commission also

No. The Ombudsman can only

consider individual complaints in

Competency to handle business Nr. of Policy/Legislation—

Competency to handle business Nr. of Policy/Legislation—

Refer to Public Prosecutor: The Complaints

Committee does not refer cases to the Public

Dissemination of the findings: Annual report:

Submission of opinions, recommendations, etc.:

Enforcement of outcomes: The Council's

Competency to handle business Nr. of Policy/Legislation—

Refer the case to Public Prosecutor: The Council

does have the authority to refer to and request

Dissemination of the findings: All the Council’s

Submission of opinions, recommendations, etc:

function described in law it can, at

No No No. There is no formal The Commission has

power to make legislative created a working group on

Competency to handle business Nr. of Policy/Legislation—

Competency to handle business Nr. of Policy/Legislation—

Yes. Complaints may be heard A total of 30 Investigation No specific Yes.

related to companies providing public constitutional statistics

Dissemination of findings: The Office’s annual

Submission of opinions, recommendations, etc.

Competency to handle business Nr. of Policy/Legislation—

Refer to Public Prosecutor: In the case of a criminal

Dissemination of findings: The Centre publishes an

Submission of opinions, recommendations, etc:

Competency to handle business Nr. of Policy/Legislation—

Competency to handle business Nr. of Policy/Legislation—

Enforcement of outcomes: by itself the Commission

does not enforce the order it makes, but decisions of

Refer to Public Prosecutor: The complaints and

Dissemination of information: An annual report on

Submission of opinions, recommendations, etc:

No. The Commission has purely Yes. The Commission can

consultative status. advise on legislative

Competency to handle business Nr. of Policy/Legislation—

Competency to handle business Nr. of Policy/Legislation—

Submit opinions, recommendations, etc.: to the

complaints against any companies can only handle

Competency to handle business Nr. of Policy/Legislation—