A/HRC/44/32
nature and severity of different business-related human rights harms, and recognizes that
effective judicial mechanisms are at the core of ensuring access to remedy.
1.4
Laws, policies and processes relevant to the establishment and effective functioning
of non-State-based grievance mechanisms are consistent with the objectives of reducing
barriers to remedy and not erecting further barriers to prevent legitimate cases from being
brought before rights holders’ preferred mechanisms.
1.5
The State sets out a clear policy expectation that relevant State agencies will
investigate and take appropriate enforcement action with respect to information concerning
business-related human rights harms that has been provided to them by non-State-based
grievance mechanisms.
1.6
The State has taken appropriate steps to address legal impediments to cooperation
between different entities with respect to the establishment and effective functioning of nonState-based grievance mechanisms.
1.7
State agencies responsible for regulating business activities make appropriate use of
information from relevant non-State-based grievance mechanisms for the purposes of
identifying, in consultation with relevant stakeholders and other entities:
(a)
Regulatory or compliance challenges in specific sectors or operating contexts,
including challenges involving systemic or market-related issues;
(b)
Instances of retaliation taken in connection with the use of such mechanisms;
(c)
The legal or policy interventions and reforms that may be needed in response.
Policy objective 2: Domestic legal regimes and policy operate in such a
way that rights holders can access non-State-based grievance
mechanisms without fear of retaliation against themselves, people who
are associated with them and people who contribute to the effective
functioning of such mechanisms.
2.1
The State has adopted and implemented the necessary laws, policies and processes to
ensure that there is effective deterrence from, investigations of allegations of, and appropriate
legal redress in the event of, conduct that may amount to retaliation against rights holders,
people who are associated with them and people who contribute to the effective functioning
of non-State-based grievance mechanisms as a result of the use of, or interaction with, such
mechanisms.
2.2
Relevant State agencies have taken steps to increase their institutional awareness of,
and their ability to respond quickly and effectively to, the different forms of retaliation that
people may face as a result of the use of, or interaction with, non-State-based grievance
mechanisms.
2.3
The State has adopted and implemented the necessary laws, policies and processes to
ensure that people affected by, or who may be at risk of, retaliation as a result of the use of,
or interaction with, non-State-based grievance mechanisms have access to appropriate
assistance and support, including medical assistance, counselling, legal advice and other
advisory services.
Policy objective 3: Domestic legal regimes and policy operate in such a
way that people affected by or at risk of business-related human rights
harms have realistic and readily-identifiable pathways to an effective
remedy which include appropriate use of non-State-based grievance
mechanisms.
3.1
The State, through its relevant agencies, works to raise awareness among relevant
stakeholders of:
(a)
The types of non-State-based grievance mechanisms that may be relevant in
different contexts and the relative advantages and disadvantages of different courses of action;
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