Editor’s note: Abdurrahman is currently working for Doing Business
Right project at the Asser Institute as an intern. He received his LL.M.
International and European Law from Tilburg University and currently he is
a Research Master student at the same university.
2011 update of the OECD Guidelines
for Multinational Enterprises (hereinafter
‘Guidelines’-for some introductory information, see here) introduced
various changes to the 2000 text of the Guidelines, including a whole new
chapter on human rights in line with the UN
Guiding Principles on Business and Human Rights.
National Contact Points (NCPs) - non-binding, state-based, non-judicial
grievance mechanisms established by the adhering states - have since then
60 cases submitted under the newly-introduced human rights
NCP believes that the issues raised in a submission merit further
consideration, it accepts the complaint, prepares an initial assessment report
and offers its good offices to the parties of the complaint. Parties may reject the
offer, accept the offer but fail to reach an agreement in the mediation or, if
everything goes well, reach an agreement. In any of these scenarios, the NCP
concludes the specific instance with a final assessment report. Between the initial and
final assessment reports, however, NCPs are not required to communicate details
of the ongoing mediations to the public. Nor do they have to provide any
specific details about the agreement of the parties, if at all, along with or
after the final report.
to promote the effectiveness of the Guidelines, to handle enquiries and to use a
complaint procedure (so-called specific instance procedure) to facilitate
settlements of disputes that may arise in case of non-compliance with the
Guidelines by enterprises. Although to provide effective remedies to victims of
business-related human rights abuses is not explicitly included among their
aims, NCPs have the potential to serve as a forum to which victims can turn to
obtain effective remedies. They can receive
complaints alleging the violation of internationally recognized human rights
and offer mediation to the parties of the complaint to find a solution on which
both parties agree upon.
more than 20 out of these approximately 60 cases concluded, parties to the
dispute reached a settlement through a mediation procedure facilitated by the
NCP. These cases are considered ‘successful’ or ‘positive’ by the OECD. But can these really be
considered as such?
Do the NCPs function as an effective grievance mechanism which provides
access to remedies to victims of business-related human rights abuses in the
cases they have settled? Or were these cases found successful only because the
NCPs dealing with them claim so, regardless of the actual remedies provided? In
this blog, I will elaborate on the concept of ‘success’ as used by the OECD and
how the cloudy nature of the procedure raises questions about the successful
conclusion of the cases and of the role of NCPs in this regard.More...
We are looking for a new business and human rights intern starting early September 2018 for a period of at least three months, preferably full-time. The Internship will be based at the Asser Institute in The Hague.
- Contribute and develop research outputs within the Asser research project ‘Doing Business Right’, especially for the blog;
- Assistance in day-to-day maintenance of social media accounts linked to the ‘Doing Business Right’ project;
- Assistance in organizing upcoming events (workshops, lectures);
- Assist in legal research and analysis in the frame of academic publications.
Interested candidates should have:
- Demonstrated interest in legal issues lying at the intersection of
transnational business, human rights, private international law, and
global value chains regulation. An interest in transnational law and
private regulations are an advantage;
- Solid academic and non-academic writing skills, research and analytical skills;
- A master degree in EU law, private or public international law or international relations;
- Excellent command of written and spoken English, preferably at a native speaker level;
- Experience with managing websites and social media communication is of an advantage.
What we offer:
- A stipend, based on the level of education completed;
- Exposure to the academic activities of the research strand
‘Advancing public interests in international and European law’, and the
T.M.C Asser Instituut, a leading research centre in International and
- An inspiring, dynamic and multicultural working environment.
Interested candidates should apply by email, sending
a motivation letter and CV in English, a sample of academic writing
(master’s thesis or paper from a course relevant to the topics of the
research project ‘Doing Business Right’) to both A.Duval@asser.nl and E.Partiti@asser.nl.
Deadline for application is 10 August 2018, 12.00 PM CET.
Please note: We cannot offer assistance in obtaining residence and work permits for the duration of the internship.