A/HRC/44/32
8.9
The mechanism adopts and implements policies and processes appropriate to its
mandate, objectives and operations:
(a)
To preserve an appropriate degree of confidentiality as regards the identity of
the person raising a grievance and the grievance process itself, taking into account the
particular needs of people who may be at heightened risk of vulnerability or marginalization;
(b)
To ensure that risks of retaliation against rights holders, people who are
associated with them and people who contribute to the effective functioning of the
mechanism as a result of the use of, or interaction with, the mechanism are properly assessed
and addressed.
Policy objective 9: Non-State-based grievance mechanisms are
predictable.
9.1
The mechanism adopts and implements appropriate policies and processes for
resolving grievances, with well-defined, reasonable and suitably flexible time frames for each
stage, designed to ensure that grievances are addressed and concluded without undue delay.
9.2
The mechanism publishes accurate and realistic information, through a range of userfriendly formats and multiple channels of communication, sufficient to foster a clear
understanding among rights holders and other relevant stakeholders as to:
(a)
Its mandate, objectives, operations, policies and processes;
(b)
The legal and operational capacity of the mechanism to address different types
of harm (including information about relevant constraints);
(c)
process;
The criteria as regards eligibility to initiate and participate in the grievance
(d)
The rights of parties and what parties can expect at each stage of the grievance
process, including indicative time frames within which key decisions will be taken and
milestones reached;
(e)
The nature and kind of remedies that the mechanism can provide in different
cases and the extent to which remedies can be enforced and implementation monitored;
(f)
The extent to which the mechanism can assist rights holders in cases where
there may be a risk of retaliation, and the form such assistance may take.
9.3
The mechanism consults meaningfully with relevant right holders prior to:
(a)
Joining together similar grievances, or grievances raising similar issues of fact;
(b)
issue; or
Appointing a third party to investigate, mediate or adjudicate a grievance or
(c)
Undertaking any joint investigations with any third party.
9.4
The mechanism adopts, implements and appropriately communicates clear policies
and processes as regards the circumstances in which and the terms upon which the
mechanism may seek to cooperate with other non-State-based grievance mechanisms, Statebased mechanisms, and/or State agencies with respect to a grievance (or the subject matter
of a grievance), which clearly set out:
(a)
When and how prior consent will first be sought from affected stakeholders;
(b)
Appropriate safeguards relating to protecting people from the risk of retaliation.
9.5
To the extent appropriate in light of its mandate and functions (and with due regard
for applicable laws and appropriate safeguards relating to protecting people from the risk of
retaliation, as well as for legitimate requirements of commercial confidentiality), the
mechanism publishes readily-understandable information relating to grievances received by
the mechanism and their outcomes for the purposes of enhancing understanding by rights
holders of the operation and performance of the mechanism in practice.
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