A/HRC/44/32
IV. Recognizing the diversity of non-State-based grievance
mechanisms
27.
There is significant diversity between different non-State-based grievance
mechanisms, in terms of mandates, objectives, operations, proximity of relationships to (and
the extent and type of leverage that may exist in relation to) the business activities that may
be the subject of grievances, methods for resolving grievances, personnel, resources, legal
and commercial drivers, relationships with other mechanisms (both State-based and nonState-based), and the types of remedies that may be available and enforceable.
28.
Different types of non-State-based grievance mechanisms encounter different
challenges for meeting the Guiding Principles’ effectiveness criteria in practice. For instance,
an operational-level grievance mechanism may be well placed to deliver effective remedies
to affected stakeholders, but may lack the independence necessary to engender a high level
of stakeholder trust, with consequent implications for its legitimacy. On the other hand, an
alternate mechanism (such as one administered by a multi-stakeholder initiative) may have
the advantage of independence and credibility with stakeholders but will be limited in terms
of the remedies that can be provided.
29.
While such mechanisms may not, individually, be in a position to provide a remedy
that addresses all of the elements of what might constitute an “effective remedy” in the
circumstances, they can nevertheless make a valuable contribution to the “bouquet of
remedies” that should be available. 24 The goals of improved accountability and access to
remedy are often best served by providing affected stakeholders with a range of options for
seeking redress, which could involve redress through judicial mechanisms, through nonjudicial mechanisms, or, in some cases, through a combination of these.
V. Recommendations
30.
Member States should:
(a)
Consider using the recommended action in part I of the annex and the
model terms of reference in the addendum to undertake a review of the contribution of
non-State-based grievance mechanisms dealing with business-related human rights
harms to achieving access to remedy in business and human rights cases; and
(b)
Take steps to effectively implement the recommended action in part I of
the annex to enhance the ability of such grievance mechanisms to respond to cases of
business-related human rights abuses, including in a cross-border context.
31.
Developers and operators of non-State-based grievance mechanisms should:
Take steps to effectively implement the recommended action in parts II and III
of the annex to enhance the ability of such grievance mechanisms to respond to cases of
business-related human rights abuses, including in a cross-border context.
24
A/72/162, paras. 38–54.
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