A/HRC/44/32
parties to be acting on their behalf in connection with a grievance, and the preferred means
and methods of engagement.
Policy objective 11: Non-State-based grievance mechanisms are
transparent.
11.1 The mechanism adopts and implements policies and processes to ensure that there is
ongoing and proactive engagement between the mechanism and parties to a grievance with
respect to the status of each step in the grievance process (including engagement as to next
steps, decision points, available options and the pathway to completion of the process), using
channels of communication which are reflective of the needs and preferences of the relevant
rights holders, and taking particular account of the needs of people who may be at heightened
risk of vulnerability or marginalization.
11.2 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 regularly communicates, through a range of different channels, statistics, case
studies and/or other detailed information relevant to the mechanism’s performance with a
view to providing readily accessible information to the public on matters such as:
(a)
The types and nature of grievances referred to the mechanism;
(b)
The number of requests for initiation of grievance processes;
(c)
grounds;
The number of requests that were rejected by the mechanism, and on what
(d)
The number of completed grievance processes, including by type of grievance;
(e)
The outcomes of grievance processes (including the outcomes of any followup activities undertaken by the mechanism);
(f)
Stakeholder satisfaction with the performance of the mechanism in general and
in specific cases;
(g)
Any other data, information or analysis relevant to the goal of improving the
understanding of rights holders of the operation and performance of the mechanism in
practice.
11.3 The mechanism’s policies and processes with respect to the disclosure of information
relevant to the mechanism’s performance have been developed in consultation with relevant
stakeholders and:
(a)
Reflect an appropriate balance between the need for transparency and the need
for confidentiality to be observed in some cases with respect to the exchange of information
between the parties in order to facilitate successful remedial outcomes;
(b)
Provide clarity on the terms on which and the circumstances in which such
confidentiality will be observed;
(c)
Are consistently implemented, taking due account of the views of rights
holders and their representatives, both in general and with respect to specific grievance
processes.
Policy objective 12: Non-State-based grievance mechanisms are rightscompatible.
12.1 The mechanism operates in a manner that is aligned with the need for remedies for
business-related human rights harms:
(a)
To be adequate, effective and prompt;
(b)
To be culturally appropriate and gender-sensitive.
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