A/HRC/44/32
Annex
Recommended action to improve the effectiveness of nonState-based grievance mechanisms relevant to business and
human rights
Part I. Facilitating access to effective non-State-based grievance
mechanisms by strengthening domestic law and policy
Policy objective 1: States establish and maintain an enabling legal and
policy environment for non-State-based grievance mechanisms dealing
with business-related human rights harms.
1.1
The State has conducted a review of, and keeps under review, consulting appropriately
and meaningfully with relevant stakeholders:
(a)
The different types of non-State-based grievance mechanisms based in or
active in its jurisdiction;
(b)
The different ways in which non-State-based grievance mechanisms may
complement the effective implementation of the State’s international legal obligations and
policy commitments with regard to accountability and remedy for business-related human
rights harm;
(c)
The different ways in which non-State-based grievance mechanisms can
potentially contribute to the effectiveness of domestic law and policy relevant to the corporate
responsibility to respect human rights;
(d)
Its policies and priorities as regards the promotion of non-State-based
grievance mechanisms through relevant bilateral, regional and multilateral initiatives;
(e)
The laws, policies and processes that are relevant to the establishment and
effective functioning of non-State-based grievance mechanisms in different sectors and
contexts.
1.2
The State applies the findings from the review processes mentioned in paragraph 1.1
above:
(a)
To inform and continuously improve the State’s strategies for a comprehensive
State-based system for the remedy of business-related human rights harms, in which
administrative, legislative and other non-judicial mechanisms play an essential role in
complementing and supporting judicial mechanisms;
(b)
To ensure policy coherence as between relevant laws, policies and processes;
(c)
To develop and disseminate suitable guidance for the establishment and
effective functioning of non-State-based grievance mechanisms;
(d)
To identify the further measures which could be taken to encourage the
establishment and effective functioning of non-State-based grievance mechanisms,
particularly for business enterprises with which the State conducts commercial transactions
or when the State contracts with business enterprises to provide services that may impact
upon the enjoyment of human rights;
(e)
To further its cooperative efforts with other States through relevant bilateral,
regional and multilateral initiatives with respect to access to remedy for business-related
human rights harms through non-State-based grievance mechanisms.
1.3
The State’s laws, policies and processes relevant to the establishment and effective
functioning of non-State-based grievance mechanisms are informed by a clear delineation
between the roles and responsibilities of non-State-based grievance mechanisms and Statebased mechanisms (judicial and non-judicial). This delineation is appropriate to the type,
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