A/HRC/38/20 resolving complaints and/or disputes arising from adverse human rights impacts that are business-related and/or providing advice or support to rights holders with respect to the same (a) are familiar with the needs and rights of the rights holders (whether individuals or groups) for whom the relevant mechanism is intended, with due consideration for the particular needs of individuals or groups at a greater risk of vulnerability and/or marginalization, and (b) have access to the human rights expertise needed to discharge their responsibilities in a non-discriminatory way and in a manner consistent with the international legal obligations and policy commitments of the State with respect to business and human rights. Policy objective 12: State-based non-judicial mechanisms are a source of continuous learning.10 12.1 The State makes appropriate use of the expertise of State-based non-judicial mechanisms with regard to the development of regulatory and enforcement policy relevant to the respect by business enterprises for human rights. To this end, the mechanisms are given appropriate opportunities to make recommendations for reforms to institutions, initiatives and operating practices aimed at improving the effectiveness of State-based nonjudicial mechanisms, and enhancing their contribution to accountability and remedy in cases of business-related human rights abuses. 12.2 Periodic and/or annual reports by State-based non-judicial mechanisms include, to the extent possible and relevant, information about (a) regulatory or compliance challenges in specific operating or industrial contexts, or on systemic or market-related issues that may be impeding the effectiveness of regulatory strategies or agencies, and (b) legal or policy interventions that may help to address these challenges, together with information about their effectiveness, if available. The State draws from this know-how and the recommendations in developing policies, legislation, regulation and guidance aimed at addressing business-related human rights risks and protecting against business-related human rights abuses. 12.3 The State has made arrangements to allow for the sharing of know-how among State-based non-judicial mechanisms, and between the mechanisms and other regulatory agencies, to the extent appropriate in the light of their mandates and functions, with a view to improving the capacity and effectiveness of all domestic bodies and initiatives that, directly or indirectly, monitor respect by business enterprises for human rights. Part III. Improving the effectiveness of State-based non-judicial mechanisms in cross-border cases Policy objective 13: State-based non-judicial mechanisms have access to information, advice and assistance from relevant State agencies in other jurisdictions to the extent and in the manner required for the fulfilment of their mandates and functions. 13.1 The State sets out a clear policy expectation that State-based mechanisms will respond to cross-border cases to the fullest extent permitted in the light of their mandates and functions, and considers making appropriate adjustments to such mandates and functions where this is necessary to respond to business-related human rights risks that are cross-border in nature. 13.2 The State has made arrangements to enable State-based non-judicial mechanisms, to the extent appropriate and relevant in the light of their mandates and functions, to seek assistance from, and to respond to requests for assistance from, State agencies in other jurisdictions for the purposes of (a) gathering information relating to complaints and/or disputes, (b) informing complaint handling and/or dispute resolution processes, (c) adjudicating and resolving complaints and/or disputes, and/or (d) delivering an effective remedial outcome. 10 16 A/HRC/17/31, principle 31 (e) and commentary.

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