A/HRC/38/49
(h)
There is no “one-size-fits-all” solution, and mechanisms oriented to local
communities should take their perspectives into account; what works at the operational
level in a formal, organized environment does not necessarily work in a supply chain;
(i)
The legitimacy of a mechanism is directly related to how it was designed and
who is involved. Government engagement is important to ensure connection with local
governance and an interface with other grievance mechanisms. Engagement with local
industry associations is also important.
42.
Further points relating to the role of Governments were drawn from the example of
the approach taken by Canada to mining companies operating abroad. One important aspect
was the issue of leverage. A lesson from the Canadian context was that the Government
may recommend sanctions if a company fails to engage when human rights complaints
arise. This can include the withdrawal of economic support and trade advocacy support,
which may be a significant factor for keeping companies at the table.
43.
Participants also addressed the role of trade unions and access to remedy for women
in supply chains. Key points included the following:
(a)
As underlined in the Guiding Principles, operational-level grievance
mechanisms should not be used to undermine the role of legitimate trade unions in
addressing labour-related disputes;
(b)
Where trade unions are present, worker empowerment is heightened and
social dialogue more effective;
(c)
In certain sectors (such as fisheries and shipping), workers have extremely
limited access to grievance mechanisms;
(d)
As demonstrated by a case study of the horticulture sectors in Kenya and
Uganda, the introduction of collective bargaining, new grievance mechanisms and women’s
committees helps to reduce the incidence of sexual harassment. Lessons learned from this
context showed that the introduction of a company policy of zero-tolerance for sexual
harassment and soft skill training to empower women workers contributed further to lower
incidences of sexual harassment.
F.
Policy coherence
44.
Policy coherence at various levels is a recurring theme in Forum discussions. At the
Forum in 2017, the issue was addressed both at the global governance level and in relation
to State-level implementation, with a focus on the third pillar.
1.
Access to remedy in global governance frameworks: recent developments and
innovations
45.
Discussions on supporting access to remedy in accordance with the Guiding
Principles in global governance frameworks focused on, inter alia, developments in the
OECD system, in the light of the incorporation of key components of the Guiding
Principles into the OECD Guidelines for Multinational Enterprises. The performance of
OECD national contact points was a key issue. Participants noted that 50 per cent of
complaints handled by the contact points related to human rights. The challenges faced
included the fact that two adhering States did not yet have a national contact point, while
the contact points in 10 other States did not function. On the positive side, OECD ministers
had made a commitment to improve contact points, all of which were expected to be up and
running by 2021. This commitment had also been expressed in recent declarations of the
Group of Seven and the Group of 20.
46.
Civil society representatives highlighted the fact that remedy remained rare, even
though it was the main reason for establishing national contact points. According to a
review conducted by non-governmental organizations, remedy is available in only about 15
per cent of cases. A key recommendation was for national contact points to take into
account the asymmetry of power between transnational corporations and affected
stakeholders.
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