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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