A/HRC/44/32
(b)
Keeping proper records, such as databases on frequency, patterns and causes
of grievances, which can be disaggregated (i) to show patterns of use by different genders
and stakeholder groups, and (ii) to assist with the identification of barriers to access and their
causes, particularly barriers due to gender-based discrimination and those facing rights
holders who may be at heightened risk of vulnerability or marginalization;
(c)
Establishing systems to track the performance and effectiveness of its
management and its grievance handling processes;
(d)
Critically evaluating the human rights impacts of remedial outcomes from
specific grievance processes;
(e)
Drawing, as appropriate, on relevant internal and/or external expertise;
(f)
Drawing from the findings from the above activities to develop and implement
strategies to improve the effectiveness of the mechanism and its management.
13.2 The mechanism contributes to the prevention of future business-related human rights
grievances and harms, as appropriate in light of the mandate and functions of the relevant
mechanism, 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, by:
(a)
Contributing to and influencing the human rights due diligence activities of
relevant business enterprises by acting as an authoritative and credible source of expertise as
to (i) the nature of adverse human rights impacts that such business enterprises may cause or
contribute to through their own activities, or which may be directly linked to their respective
operations, products or services by their business relationships, (ii) how such impacts affect
different groups in society, adopting a gender perspective and paying special attention to
people who may be at heightened risk of vulnerability or marginalization, and (iii) the
appropriate action to take in response, including the steps needed to subsequently verify
whether risks of adverse human rights impacts are being properly addressed;
(b)
Collating and disseminating information in aggregated formats (including
through industry, multi-stakeholder and other collaborative initiatives) relating to (i) the
nature and patterns of grievances that may tend to reveal the possibility of sector-specific or
systemic issues which may contribute to or exacerbate business-related human rights harms,
(ii) the human rights implications of these issues for different groups in society, adopting a
gender perspective and paying special attention to people who may be at heightened risk of
vulnerability or marginalization, and (iii) examples of good practices which can be adopted
by business enterprises to enhance existing human rights due diligence processes.
Policy objective 14: Operational-level mechanisms are based on
engagement and dialogue.
14.1 The operational-level grievance mechanism engages effectively with relevant
stakeholders by:
(a)
Developing a thorough understanding of the operational context, including
rights holder needs and perspectives and, where applicable, any existing structures for
dialogue and decision-making, and drawing on this understanding in its design;
(b)
Meaningfully consulting with relevant stakeholders about their needs and
expectations when designing grievance processes and regularly thereafter in order to ensure
that their needs and expectations are being properly met;
(c)
Providing multiple opportunities and avenues for relevant stakeholders to
contribute their views as to the design and performance of the mechanism, ensuring
participation on an equal basis, adopting a gender perspective, and paying special attention
to the needs of people who may be at heightened risk of vulnerability or marginalization;
(d)
Using these activities as a source of continuous learning for improving the
mechanism and for preventing future grievances and harms.
17
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