A/HRC/17/31
30.
Industry, multi-stakeholder and other collaborative initiatives that are based on
respect for human rights-related standards should ensure that effective grievance
mechanisms are available.
Commentary
Human rights-related standards are increasingly reflected in commitments undertaken by
industry bodies, multi-stakeholder and other collaborative initiatives, through codes of
conduct, performance standards, global framework agreements between trade unions and
transnational corporations, and similar undertakings.
Such collaborative initiatives should ensure the availability of effective mechanisms
through which affected parties or their legitimate representatives can raise concerns when
they believe the commitments in question have not been met. The legitimacy of such
initiatives may be put at risk if they do not provide for such mechanisms. The mechanisms
could be at the level of individual members, of the collaborative initiative, or both. These
mechanisms should provide for accountability and help enable the remediation of adverse
human rights impacts.
Effectiveness criteria for non-judicial grievance mechanisms
31.
In order to ensure their effectiveness, non-judicial grievance mechanisms, both Statebased and non-State-based, should be:
(a)
Legitimate: enabling trust from the stakeholder groups for whose use
they are intended, and being accountable for the fair conduct of grievance processes;
(b)
Accessible: being known to all stakeholder groups for whose use they are
intended, and providing adequate assistance for those who may face particular
barriers to access;
(c)
Predictable: providing a clear and known procedure with an indicative
timeframe for each stage, and clarity on the types of process and outcome available
and means of monitoring implementation;
(d)
Equitable: seeking to ensure that aggrieved parties have reasonable
access to sources of information, advice and expertise necessary to engage in a
grievance process on fair, informed and respectful terms;
(e)
Transparent: keeping parties to a grievance informed about its progress,
and providing sufficient information about the mechanism’s performance to build
confidence in its effectiveness and meet any public interest at stake;
(f)
Rights-compatible: ensuring that outcomes and remedies accord with
internationally recognized human rights;
(g)
A source of continuous learning: drawing on relevant measures to
identify lessons for improving the mechanism and preventing future grievances and
harms;
Operational-level mechanisms should also be:
(h)
Based on engagement and dialogue: consulting the stakeholder groups
for whose use they are intended on their design and performance, and focusing on
dialogue as the means to address and resolve grievances.
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