A/HRC/44/32
14.2 The operational-level grievance mechanism focuses on the use of dialogue as the
means of addressing and resolving grievances by:
(a)
(b)
techniques;
Drawing from mediation best practice;
Making appropriate use of joint investigations and joint problem-solving
(c)
Investing in adequate training and support for relevant personnel in the legal
and technical aspects of dialogue-based methods of resolving human rights-related
grievances (including appropriate responses to situations of conflict);
(d)
Adopting and implementing the policies and processes needed to ensure that,
in cases where adjudication is needed or the circumstances would otherwise make it
appropriate, the grievance can be referred to third party adjudicators or mediators who are
able to carry out their duties independently and objectively.
Part III. Enhancing access to effective remedy using non-State-based
grievance mechanisms through greater cooperation and
coordination
Policy objective 15: Developers and operators of non-State-based
grievance mechanisms1 cooperate proactively and constructively with
each other in order to raise standards and promote good practice with
respect to the resolution of grievances arising from business-related
human rights harms.
15.1 Developers and operators of non-State-based grievance mechanisms proactively seek
out opportunities to work collaboratively with their peers, including through relevant industry,
multi-stakeholder and other collaborative initiatives:
(a)
To share information, lessons learned, technical expertise and good practice
with respect to the handling and resolution of grievances;
(b)
To promote alignment of their policies and processes with the Guiding
Principles on Business and Human Rights;
(c)
To promote complementarity, where appropriate, between different non-Statebased grievance mechanisms with a view to enhancing access to remedy for affected
stakeholders;
(d)
To enhance leverage to help mitigate the adverse human rights impacts of
business enterprises with which they have a business relationship;
(e)
For the purpose of engaging constructively and effectively with relevant State
agencies, for instance as regards identifying sector-specific or systemic issues which may
contribute to or exacerbate business-related human rights harms.
1
18
Developers and operators of non-State-based grievance mechanisms include entities or organizations
that create, design or host non-State-based grievance mechanisms (such as business enterprises or
development finance institutions), non-State-based grievance mechanisms themselves and their
personnel. See further A/HRC/44/32/Add.1, part II.C.
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