A/HRC/38/20
documents and milestones of the project were communicated directly to States and made
available to other stakeholders through relevant platforms and information-sharing
channels.8 In addition, a meeting to gather feedback directly from representatives of States
and State-based non-judicial mechanisms was held in Geneva on 22 and 23 February 2018.
C.
Structure and approach of the recommendations
16.
The recommended action comprises a number of policy objectives and elements to
demonstrate the different ways that policy objectives can be achieved (see annex). This
structure, based on an approach similar to that used for the final report on part I of the
Accountability and Remedy Project (A/HRC/32/19 and Add.1), is deliberately flexible. To
ensure global relevance and applicability, the recommended action is designed to be readily
adaptable to different legal systems and contexts while also practical, forward-looking and
reflective of international standards on access to remedy.
17.
The recommended action should not be regarded as a finite list of possible solutions.
There may indeed be other ways of achieving the underlying goal of improving
implementation by States of the Guiding Principles in general and the effectiveness criteria
for non-judicial grievance mechanisms (see A/HRC/17/31, principle 31 and commentary)
in particular. Nor should it be read as an exhaustive list of the actions to be taken by States
to implement the pillar on access to remedy of the Guiding Principles.
18.
Nevertheless, the recommended action will be a significant resource for States
seeking to improve the effectiveness of their non-judicial mechanisms with respect to
business and human rights challenges, as well as constituting a possible platform for future
dialogue, cross-fertilization of ideas, innovation and progress.
D.
Target audience
19.
The recommended action is addressed primarily to States and State agencies
concerned with the design, development, administration and oversight of relevant Statebased non-judicial mechanisms. States can implement these policy objectives in a variety of
ways, for example, through a domestic review process, as part of national action plans on
business and human rights, in strategies to improve access to justice or through other
processes more suitable to the national context. The recommended action will also be
relevant to policymakers and practitioners, including those involved in the management of
State-based non-judicial mechanisms, law enforcement and national human rights
institutions. The policy objectives may also help to inform the ongoing work of
international bodies with mandates relevant to business and human rights, including human
rights treaty bodies and the open-ended intergovernmental working group on transnational
corporations and other business enterprises with regard to human rights. Various elements
of the recommended action may be used to guide business enterprises and may be drawn
upon by other stakeholders, such as civil society organizations and trade unions. Additional
explanations of the different elements of recommended action (and suggested ways that
they can be implemented) are contained in the addendum to the present report.
IV. General observations
20.
The recommended action focuses on the steps that States can take to improve the
effectiveness of State-based non-judicial mechanisms, at both the systemic and individual
levels, in providing accountability and access to remedy in cases of business-related human
rights abuses.
8
6
rights: Supporting actors or lead players?”, discussion paper prepared for the 6th UN Annual Forum
on Business and Human Rights, Geneva, 27–29 November 2017, 2 November 2017.
See www.ohchr.org/EN/Issues/Business/Pages/ARP_II.aspx.
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