A/HRC/44/32
mechanisms in other States in different operating contexts and/or resolving grievances in
specific cases.
Part II. Improving the effectiveness of non-State-based grievance
mechanisms
Policy objective 6: Non-State-based grievance mechanisms are effective
in dealing with business-related human rights harm.
6.1
The mechanism’s mandate, objectives and operations are aligned with internationally
recognized human rights.
6.2
The effectiveness criteria set out in principle 31 of the Guiding Principles on Business
and Human Rights are used as a benchmark for designing, operating, tracking the
effectiveness of and improving the mechanism.
Policy objective 7: Non-State-based grievance mechanisms are
legitimate.
7.1
The mechanism publishes and proactively disseminates information necessary for a
proper understanding by rights holders and other relevant stakeholders of its mandate,
objectives and operations.
7.2
There is meaningful consultation with relevant rights holders and other stakeholders
as to the optimal design of the mechanism and its processes, and as part of regular evaluation
exercises for the purposes of identifying ways in which the mechanism’s design and/or
operations can be improved.
7.3
Where relevant and appropriate, business enterprises and other relevant entities
engage proactively with those seeking to develop and implement worker-driven and
community-driven grievance mechanisms, contributing constructively to all stages of the
design process.
7.4
The mechanism adopts and implements the policies and processes needed to address
the needs of people who may be at heightened risk of vulnerability or marginalization,
drawing on relevant internal and/or external expertise, including through meaningful
consultation with relevant rights holders and other stakeholders, and adopting a gender
perspective.
7.5
The mechanism has been provided with an appropriate degree of independence from
the business enterprise(s) and other actors whose activities may be the subject of grievances
and has adopted and implemented the policies, processes and practices needed to maintain
that independence in its day-to-day operations and at all stages of the grievance process.
7.6
The necessary arrangements have been made to:
(a)
Minimize the risk of conflicts of interest for the mechanism (or any of its
personnel) with respect to the discharge of its mandate and functions;
(b)
Minimize the risk of any undue influence of any actor(s);
(c)
Address power imbalances between relevant actors, including through
adopting a gender perspective and paying special attention to people who may be at
heightened risk of vulnerability or marginalization.
7.7
Personnel employed by or assigned to the mechanism are suitably qualified for the
tasks they are required to carry out and are held to high standards of personal and professional
conduct.
7.8
The mechanism adopts and implements the policies and processes needed to ensure
that personnel engaged in the handling of grievances:
(a)
Are cognizant of (i) the rights and needs of the people for whom the mechanism
is intended (including through adopting a gender perspective and paying special attention to
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