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94. A company can provide a grievance mechanism directly and be integrally involved in its
administration. This could include the use of external resources - possibly shared with other
companies - such as hotlines for raising complaints, advisory services for complainants, or expert
mediators. Or it may involve a wholly external mechanism. Whatever the form, the company
should ensure that the process abides by the principles outlined above.
95. Where a company is directly involved in administering a mechanism, problems may arise
if it acts as both defendant and judge. Therefore, the mechanism should focus on direct or
mediated dialogue. It should be designed and overseen jointly with representatives of the groups
who may need to access it. Care should be taken to redress imbalances in information and
expertise between parties, enabling effective dialogue and sustainable solutions. These
mechanisms should not negatively impact opportunities for complainants to seek recourse
through State-based mechanisms, including the courts.
D. State-based non-judicial mechanisms
96. According to the research carried out under the mandate, of the 85 recognized national
human rights institutions (NHRIs) at least 40 are able to handle grievances related to the human
rights performance of companies. Of these, 31 are accredited under the Paris Principles.54 Some
are limited to human rights abuses alleged against State-owned enterprises or private companies
providing public services. Others can address grievances against any kind of company, but only
with regard to specific kinds of human rights-related grievances, often discrimination. A third
group - notably in Africa - admits grievances against all companies with regard to any human
rights issue.55
97. The actual and potential importance of these institutions cannot be overstated. Where
NHRIs are able to address grievances involving companies, they can provide a means to hold
business accountable. NHRIs are particularly well-positioned to provide processes - whether
adjudicative or mediation-based - that are culturally appropriate, accessible, and expeditious.
Even where they cannot themselves handle grievances, they can provide information and advice
on other avenues of recourse to those seeking remedy. Through increased interchange of
information, they could act as lynchpins within the wider system of grievance mechanisms,
linking local, national and international levels across countries and regions. NHRIs that do not
54
The Paris Principles relate to the status of national human rights institutions (NHRIs)
and establish criteria for their composition, guarantees of independence and
pluralism, competence, responsibilities and methods of operation. See
http://www.nhri.net/default.asp?PID=312&DID=0.
55
“Business and Human Rights: A Survey of NHRI Practices”, at
http://www.business-humanrights.org/Gettingstarted/UNSpecialRepresentative.
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