Affording accountability to non-state actors: A comparative study with special reference to Sri Lanka

Abstract

Along with the emergence of universal human rights protection for every human being after the conclusion of World War II, the obligation to protect human rights was seen solely as a duty of the State, without consideration of the obligations that may be afforded to non-State actors (NSAs). With the emergence of influential corporate bodies like Multinational Corporations (MNCs) and Transnational Corporations (TNCs) and the presence of armed NSAs, the State-centric approaches towards protecting human rights seem insufficient. Even though there are international, regional, and domestic mechanisms available for affording human rights obligations to NSAs, their obligations are strictly limited to the extent of their capacity, context, and commitments. Although these initiatives can have a spillover effect on the world as a whole, the enforcement mechanisms, binding obligations, supervisory functions, and robust grievance systems are virtually absent. Besides, the mere presence of certain mechanisms does not guarantee protection unless they are enforced with meaningful consequences for the stakeholders...