A/HRC/38/49
only 40 per cent did), and that international human rights standards in general were not
systematically integrated. Examples of multi-stakeholder initiatives currently grappling
with how to improve access to remedy included the Fair Labor Association, the Fair Wear
Foundation, the Global Network Initiative, Guías Colombia (focusing on business and
human rights in Colombia) and the International Code of Conduct for Private Security
Service Providers’ Association.
54.
Participants in the Forum also examined the role of multi-stakeholder engagement
and dialogue at the local level, and its role in strengthening access to remedy for affected
stakeholders. One example was from the establishment of an independent problem-solving
service for communities affected by mining operations in South Africa. In their discussions,
participants indicated that independent mechanisms to resolve problems and grievance
mechanisms could be hugely valuable in contexts where there is a significant trust deficit
between companies and communities. Company-led grievance mechanisms were often
underutilized or not designed with the needs of the community in mind. Legal mechanisms
were often out of the reach of poor communities and may not be suited to smaller
grievances. Independent mechanisms could play a complementary role in such contexts.
Participants highlighted several critical success factors, including the levelling of unequal
power dynamics; the need to focus on process as much as outcome; the use of facilitated
dialogue; and the need for mechanisms to be truly independent and credible.
55.
A case study of the Thilawa Special Economic Zone in Myanmar saw a range of
stakeholders share their experiences of addressing grievances. The discussions held on
multi-stakeholder engagement generally highlighted the role that the Forum on Business
and Human Rights itself could play in this context. Participants noted that the Forum,
focusing on different industrial sectors and country contexts, presented a unique
opportunity for people from around the world to come together and learn from each other’s
work. As an example, important connections had been made between stakeholders in South
Africa and the Coalition of Immokalee Workers based in the United States of America with
regard to their experience with the Fair Food Program and the complaint resolution system.
Meaningful dialogue between different parties in complex contexts was never easy, but was
still possible when stakeholders were committed to addressing problems together.
56.
Another issue concerned ensuring remedies for workers and their families in the
aftermath of accidents in industrial supply chains. Collective action involving local and
global business, unions and the Government was seen as critical for success. The Rana
Plaza compensation agreement had united everybody (local and global stakeholders) in a
single framework for delivering compensation, even though the practical challenges, not
least with fundraising, were considerable. The lesson to be learned was that it would not
have been possible if all actors had not been involved. At the same time, ad hoc solutions to
provide compensation were complex; a better approach would be to have effective systems
of social security in place; workers and non-governmental organizations stressed, however,
that against a background of limited State capacity to enforce relevant laws in many
jurisdictions, such ad hoc measures to compensate victims were necessary. Participants also
stressed that all efforts should be based on relevant ILO standards, and that multistakeholder efforts should take into account the concerns of all workers, not only those in
export-oriented enterprises.
57.
The role of business and industry associations was also addressed. One key point
was that no company alone can plug current remediation gaps, including those that exist
across global supply chains. Joint industry action can support better human rights due
diligence and capacity-building, and strengthen leverage with regard to competitors,
suppliers and Governments. Joint action to enhance access of people to remedy for adverse
impacts should be seen as a “pre-competitive” issue.
H.
Innovations in dispute resolution and leverage of third parties
58.
The Forum agenda included discussions on innovative and collaborative approaches,
and the role of third parties in a position to shape corporate practice. One discussion
focused on gaps in access to remedy that could be addressed through “Hague style”
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