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Thematic reports

A/HRC/50/40/Add.4: Report on implementing the third pillar: lessons from transitional justice guidance by the Working Group


08 June 2022

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The report analyses the implications of implementing the four pillars of transitional justice (truth, justice, reparation and guarantees of non-recurrence), and of transitional justice mechanisms for the field of business and human rights. It unpacks how Pillar III of the UN Guiding Principles on Business and Human Rights (UNGPs) should be operationalised in transitional states, and it provides guidance on the role of relevant stakeholders in these contexts, including States, businesses, and civil society.

In relation to the rights of victims to seek, obtain and enforce remedies that are capable of collectively redressing the harm the rights holder suffered in the context of complex post- conflict and transitional justice settings, the report analyses the interlinkages between substantive and procedural components of providing an effective remedy in conformity with Pillar III of the UNGPs. It provides insights on how States have used transitional justice mechanisms to address business’s responsibility for their role in conflict-affected areas, highlighting lessons learned and possible way forward.

As remedies in the context of transitional justice processes aim to provide reparation for victims according to international law and human rights standards, the first part of the report explains the relevant concepts and standards of reparation. This is followed by an overview of some of the most emblematic experiences in which transitional justice processes have addressed violations by businesses and an analysis of the lessons that can be drawn for the business and human rights context. Finally, the report contains specific recommendations for States and businesses on how to implement Pillar III of the UNGPs effectively in post conflict and transitional justice settings.

Issued By:

Working Group on the issue of human rights and transnational corporations and other business enterprises

Delivered To:

the HRC at its 50th session, 13 June–8 July 2022