A/HRC/38/20
Policy objective 2: Individuals and communities affected by or at risk of businessrelated human rights abuses have a realistic and readily identifiable pathway to an
effective remedy.
2.1
Information regarding the various complaint handling and/or dispute resolution
options and mechanisms that may be available in different types of contexts and cases are
made available to rights holders in a manner that is readily understandable by them.
2.2
Advisory and support services are made available to rights holders, which includes
advice with regard to (a) the relative advantages and disadvantages of different complaint
handling and/or dispute resolution options; and (b) the types of remedial outcomes that may
be achieved through different mechanisms (including judicial ones).
2.3
The State encourages and provides the resources necessary to enable providers of
the information and/or advisory and support services mentioned in 2.1 and 2.2 above to
engage in appropriate physical outreach activities among relevant rights holders to promote
the widest possible awareness of the various complaint handling and/or dispute resolution
options and mechanisms that may be available in different contexts and cases, including
through regional offices and service centres, mobile offices and “road shows”.
2.4
Where the realization of an effective remedy is likely to require or benefit from the
involvement of more than one State-based non-judicial mechanism, law enforcement body
and/or regulatory agency, arrangements have been made to facilitate (as appropriate in the
light of the mandates, functions and powers of the relevant agencies or mechanisms) the
referral or exchange of information, proceedings and/or enquiries between the relevant
agencies, bodies or mechanisms in a manner that is equitable, predictable, rightscompatible and transparent; consistent with domestic legal structures and constitutional
principles; consistent with the objective of reducing barriers to remedy and not erecting
barriers to prevent legitimate cases from being brought before rights holders’ preferred
mechanisms; takes into due account rights holders’ needs and preferences with regard to
access to different kinds of mechanisms; and also takes into due account the need for
confidentiality in certain circumstances, and particularly with regard to the identity of
individuals who may be at risk of threats, harassment or reprisals.
Policy objective 3: State-based non-judicial mechanisms and judicial mechanisms
complement and support each other in a manner that promotes accountability and
access to remedy for business-related human rights abuses.
3.1
There is delineation between the roles and responsibilities of State-based nonjudicial mechanisms and judicial mechanisms. This delineation is appropriate to the type,
nature and severity of different business-related human rights abuses, and recognizes that
there will be cases where judicial recourse is an essential part of gaining access to remedy.
3.2
To the extent relevant and appropriate in the light of their mandates and functions,
State-based non-judicial mechanisms can readily seek assistance from judicial mechanisms
in relation to specific matters, such as the use of powers of investigation, in obtaining
injunctive relief or in the enforcement of legally binding remedial outcomes.
3.3
Where relevant and appropriate in the light of their mandates and functions, Statebased non-judicial mechanisms may (a) seek or recommend the transfer of complaints
and/or disputes for adjudication by judicial mechanisms and/or (b) refer allegations or
evidence of business involvement in human rights abuses to judicial mechanisms and/or
other law enforcement bodies for investigation and/or further action. The procedures
governing such transfers or referrals are equitable, predictable, rights-compatible and
transparent, and take into due account rights holders’ needs and preferences with respect to
different complaint handling and/or dispute resolution options, and the need for
confidentiality in certain circumstances, particularly with regard to the identity of
individuals who may be at risk of threats, harassment and reprisals.
3.4
Rights holders are made aware of (a) the circumstances in which, and the procedural
stages at which, judicial mechanisms may become involved in the investigation,
adjudication and/or resolution of complaints and/or disputes that have been initiated in or
referred to State-based non-judicial mechanisms; and (b) their rights to challenge and/or to
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