A/HRC/44/32
(b)
The value of dialogue-based methods in certain contexts;
(c)
Strategies and resources to help address imbalances in power that can
undermine rights holders’ ability to engage fairly in non-State-based grievance mechanisms;
(d) The different ways in which State-based mechanisms may, in appropriate cases,
provide support for the effective implementation of the outcomes of grievance processes;
(e)
Opportunities that may exist in different contexts to transfer or escalate a
grievance from a non-State-based grievance mechanism to a relevant State-based mechanism.
Policy objective 4: Domestic legal regimes and policy operate in such a
way that non-State-based grievance mechanisms, individually and in
combination with each other and relevant State-based mechanisms, can
contribute to the realization of effective remedies for those affected by
business-related human rights harms.
4.1
The State’s laws, policies and processes relevant to the establishment and effective
functioning of non-State-based grievance mechanisms recognize:
(a)
The need for remedies to be adequate, effective and prompt;
(b)
That an effective remedy will vary depending on the circumstances of the case
and the needs of affected stakeholders and may comprise financial remedies (and similar
forms of reparation) and non-financial remedies (including acknowledgements, apologies
and other symbolic remedies), as well as timely preventive remedies to mitigate or prevent
future harm;
(c)
The importance of meaningful consultation with affected stakeholders on the
type of remedy and the manner in which it should be delivered, adopting a gender perspective
and with a particular focus on the needs of people who may be at heightened risk of
vulnerability or marginalization.
Policy objective 5: States seek ways to promote the establishment and
effective functioning of non-State-based grievance mechanisms through
international cooperation.
5.1
The State works through relevant bilateral, regional and multilateral initiatives:
(a)
To identify opportunities to enhance access to remedy for business-related
human rights harms through the use of non-State-based grievance mechanisms, as
appropriate, recognizing that effective judicial mechanisms are at the core of ensuring access
to remedy;
(b)
To actively engage with other States that are party to such initiatives to
promote the use of non-State-based grievance mechanisms in appropriate cases, including
through awareness-raising activities, technical assistance and capacity-building;
(c)
To exchange information relating to (i) the contributions of non-State-based
grievance mechanisms to access to remedy for business-related human rights harms in
different sectors and operating contexts, (ii) the opportunities, successes and challenges
associated with their use (including in a cross-border context), and (iii) the legal and policy
interventions that may contribute to enhancing their effectiveness in different sectors or
contexts;
(d)
To gather and analyse information on the nature and patterns of grievances
referred to non-State-based grievance mechanisms in practice, in order to strengthen
cooperative efforts by States to address business-related human rights harms, particularly in
a cross-border context.
5.2
The State has made appropriate arrangements for relevant stakeholders to be able to
call upon their embassies and consular services for information, advice and assistance, as
regards the establishment and effective functioning of non-State-based grievance
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