A/HRC/44/32
Policy objective 10: Non-State-based grievance mechanisms are
equitable.
10.1 The mechanism works proactively to address problems arising from imbalances in
power between rights holders and business enterprises so that rights holders can participate
fairly and confidently in grievance processes, including through:
(a)
The provision of, and raising awareness about external sources of, appropriate
advisory, technical, financial and other support;
(b)
Appropriate, gender-sensitive adjustments to grievance processes to
accommodate the particular needs of people who may be affected by injury or trauma or who
may be at heightened risk of vulnerability or marginalization.
10.2 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 seeks to ensure that parties to a grievance can obtain, in a timely fashion:
(a)
Copies of information submitted to or obtained by the mechanism in
connection with, or which is relevant to, such grievance;
(b)
Information concerning the outcomes of any investigation.
10.3 The mechanism has adopted and implemented the policies and processes necessary to
ensure that parties to a grievance receive adequate opportunities to verify the accuracy of,
and to comment on and respond to, relevant information pertaining to a grievance prior to
any material decision on the basis of such information (including with respect to decisions
regarding admissibility or whether a matter should be deemed closed).
10.4 The mechanism has adopted and implemented the policies and processes necessary to
ensure that relevant rights holders receive at the conclusion of the grievance process in
accessible and readily-understandable formats, and to the extent appropriate in the relevant
case:
(a)
A proper record of the process, outcomes, and reasons for any decisions made;
(b)
A full record of any agreement between the parties as to remedial action;
(c)
Information concerning (i) the steps to be taken, and the time limits that apply,
should a party wish to seek to review or challenge a grievance process or its outcomes, and
(ii) options for further action, including on the steps that could be taken in the event of noncompliance by a party with the terms of a determination by the mechanism or an agreed
remedial outcome.
10.5 The mechanism preserves the ability of rights holders to withdraw from grievance
processes if they are dissatisfied with those processes and in such circumstances does not
preclude access by rights holders to an alternate grievance mechanism (whether State-based
or non-State-based).
10.6 The mechanism has adopted and implemented appropriate procedures to enable
parties to challenge the manner in which the mechanism has responded to a grievance or the
outcomes of grievance processes, which may include the possibility of a referral and/or
appeal.
10.7 The mechanism adopts and implements policies and processes to ensure that
technologies used in connection with grievance processes (for instance, in the collection and
communication of information or the handling of grievances):
(a)
Comply with all relevant laws, policies and standards as regards privacy and
data protection, have been properly piloted prior to their introduction and have had
cybersecurity risks addressed effectively;
(b)
Seek to address, as far as is possible, barriers due to gender-based
discrimination and that may be experienced by people who may be at heightened risk of
vulnerability or marginalization.
10.8 The mechanism takes appropriate steps, in light of its mandate and functions and the
relevant circumstances, to seek the views of relevant rights holders as to claims by third
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