A/HRC/38/20 Annex Recommended action to improve the effectiveness of Statebased non-judicial mechanisms relevant to business and human rights Part I. Improving the effectiveness of State-based non-judicial mechanisms within the context of the State’s broader system of laws, policies and regulatory institutions Policy objective 1: State-based non-judicial mechanisms, individually and in combination, contribute to the effective implementation of the State’s international legal obligations and policy commitments with regard to accountability and remedy for business-related human rights abuses in a manner that is consistent with domestic legal structures and constitutional principles, and responsive to local needs and operating conditions, in particular the type, nature and severity of business-related human rights risks. 1.1 The State has conducted a comprehensive review process and consulted appropriately with stakeholders to determine (a) the range and types of State-based nonjudicial mechanisms established in its jurisdiction that are relevant to respect by business enterprises of human rights; (b) whether their degree of independence, mandates, functions and powers are appropriate and sufficient, when analysed together with relevant laws and policies, to provide a legal and regulatory environment conducive to business respect for human rights; and (c) whether they meet the needs and sufficiently safeguard the rights of the individuals and/or communities for whom those mechanisms are intended. 1.2 The State has taken the steps necessary to correct any deficiencies identified with respect to the issues mentioned in paragraph 1.1 above. 1.3 Where relevant and appropriate, State-based non-judicial mechanisms are encouraged (and provided with the resources necessary) to engage and cooperate with other relevant State-based non-judicial mechanisms, law enforcement bodies and regulatory agencies for the purposes of improving the effectiveness of communication and coordination between the various mechanisms, bodies and agencies. 1.4 The State regularly reviews the effectiveness of the overall contribution of Statebased non-judicial mechanisms to accountability and remedy for business-related human rights abuses, taking particularly into account matters such as (a) the extent to which there is policy coherence (see A/HRC/17/31, principle 8 and commentary) between the respective roles, policies and practices of relevant State-based non-judicial mechanisms and those of other relevant governmental departments, regulatory agencies and other Statebased institutions; (b) areas where communication and coordination between different mechanisms, bodies and agencies could be improved in the light of their mandates and functions; (c) the degree of awareness and understanding of key personnel of State-based non-judicial mechanisms of the State’s international legal obligations with regard to human rights and the role of such mechanisms in meeting those obligations; (d) whether these mechanisms meet the needs and sufficiently safeguard the rights of individuals and/or communities for whom they are intended; and (e) the recommendations of relevant oversight bodies, including peer review mechanisms. The State makes public the findings arising from such review processes and implements the necessary legal, policy and structural reforms and administrative improvements. 9