by citizens”9 justice mechanisms that apply legal provisions; and lastly, mechanisms that ensure the decisions are
rightfully and effectively enforced. Political will is certainly a fundamental component to realise all this. A promising
example is given by Qatar that, following other Gulf Cooperation Countries, introduced a Wage Protection System in
2015, a mechanism that is specifically aimed at guaranteeing greater protection of migrant workers against wage theft
or late payments. Thanks to a law amendment to support the mechanism, the Ministry of Labour and Social Affairs
have now the power to impose sanctions upon non-compliant employers. A legal framework enforced concretely can
thus become an effective tool to uphold the rights of those who need its protection. States’ commitment in creating
a justice mechanism specifically geared to hold business and corporations accountable and to respond to specific
employment-related abuses of migrant workers is essential to achieve meaningful change.
In a paper on New Mechanisms of Accountability for Corporate Violations of Human Rights, Khoury and Whyte look
into the “feasibility of developing mechanisms capable of holding corporations accountable for violations of human
rights.”10 Business accountability, in fact, is key for the prevention against employment-related violations and human
rights abuses. The authors set up interviews and focus groups with legal practitioners to explore the topic. What
emerged from their discussions is a strong agreement among practitioners on the need for the creation of “a new,
specialised body to address the issue of corporate harms”, 11 remedying the failures of existing systems in protecting
workers. In practical terms, this new mechanism could be created as an ad-hoc forum within already existing courts.
Alternatively, harmonised regional fora could be created, i.e. permanent tribunals that are specifically geared to
handle cases belonging to regional specificities. According to the suggestions put forward in the paper, the judges
working in these regional fora could be ad-hoc or could be seconded from existing courts. The figure of a regional
commissioner could also be instituted, with a specific responsibility to oversee the practical implementation of
targeted legislation aimed at protecting individuals against abuses and the concrete enforcement of law through
adequate and well-functioning justice mechanisms. The creation of a targeted justice mechanism that can hold
employers accountable and protect workers against wage theft or a systematic delay in salaries’ payments would
mean effective protection against the risk of mounting debts and against the insecurity of not being able to support
oneself and one’s own family in dignity.
In a 2010 paper by the Corporate Responsibility Coalition, the idea of resorting to non-judicial justice mechanisms to
resolve business-related rights disputes, particularly where there is a power imbalance between the parties, is also
discussed:
“Many states around the world have already developed new institutions to provide alternative means of
dispute resolution and, specifically, to make it easier and cheaper for individuals (especially less well-off
people) to enforce their rights. The last few decades have seen a steady growth in state-based [non-judicial
mechanisms], used in a variety of different regulatory areas, through which people can air their complaints,
reconcile their differences, resolve their disputes and receive some form of satisfaction without the need
to resort to expensive and uncertain court action.” 12
These systems would be complementary to legislative frameworks, existing judicial mechanisms and international
justice bodies, for example. They would be free and offer advice and support to claimants, whether individuals, unions,
or any other representatives. Besides being more flexible, these mechanisms, the paper argues, would also favour a
systematic change in sectors where needed. This is because, in addressing complaints, competent bodies may
elaborate ad-hoc instruments to more comprehensively address the underlying problem. These mechanisms would
9
Marchiori T., A Framework for Measuring Access to Justice Including Specific Challenges Facing Women (2015) Council of Europe,
<https://rm.coe.int/1680593e83>
10 Khoury S. and Whyte D., New Mechanisms of Accountability for Corporate Violations of Human Rights, University of Liverpool
<https://www.business-humanrights.org/sites/default/files/documents/New%20Mechanisms%20for%20Accountability.pdf>
11 As above.
12 Corporate Responsibility Coalition, Protecting rights, repairing harm: How state-based non-judicial mechanisms can help fill gaps
in existing frameworks for the protection of human rights of people affected by corporate activities (2010) <https://www.businesshumanrights.org/sites/default/files/media/documents/ruggie/core-submission-to-ruggie-nov-2010.pdf>
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