A/HRC/44/32/Add.1
mechanisms should take certain measures to ensure that technologies are used responsibly
(10.7(a) and 10.7(b)).
58.
While it is often conducive to access to remedy (and equitability in particular) for
mechanisms to adopt a flexible approach to representation, mechanisms should not overlook
the risk of coercion and manipulation of rights holders in some cases. The recommended
action calls on mechanisms to seek the views of relevant rights holders if in doubt of the
legitimacy of a claim to representation (10.8), recognizing that rights holders should
ultimately decide who will represent them, not the mechanism or another party.
6.
Transparency
59.
Policy objective 11 is concerned with promoting transparency towards parties to
grievances and the public. This policy objective and its supporting elements have numerous
links with other parts of the recommended action.40 With respect to ongoing grievances,
mechanisms should ensure continuous and proactive engagement with the parties to inform
them about each step of the process, making use of communication methods referred to
above41 (11.1).
60.
The mechanism’s communications with the public (11.2) should aim for the
maximum degree of transparency regarding its performance that is consistent with protecting
rights holders and others from any risks to themselves (particularly from retaliation), and
respecting commitments as regards confidentiality (including with respect to legitimate
requirements of commercial confidentiality).
61.
The recommended action recognizes that there may be cases in which confidentiality
of the dialogue between parties may be most conducive to achieving a successful remedial
outcome (11.3). In such cases, mechanisms should consider presenting information in
redacted or aggregated formats, such as anonymized case summaries. Whatever solution is
adopted, it is important that stakeholder input is sought and properly taken into account.
62.
The mechanism’s website will likely be an essential means of communication with
the public and should be regularly updated; however, other, offline, methods of
communication should be used to ensure effective outreach (e.g. annual reports and public
meetings). 42 It is important that the information has sufficient detail to provide relevant
stakeholders with a sound understanding of the mechanism’s functioning and performance.
7.
Rights-compatibility
63.
Policy objective 12 recognizes that, in many cases, remedial outcomes of non-Statebased grievance mechanisms may only contribute to effective remedies rather than constitute
effective remedies on their own.43 Nevertheless, mechanisms should take whatever steps are
needed to ensure that the outcomes and remedies of its grievance processes, even if these
serve as part of a wider remedy, make a positive contribution in human rights terms.
64.
To ensure this, remedies should align with international human rights standards
(12.1). While noting various types of remedies that could be relevant, the recommended
action recognizes that “adequate” and “effective” remedies are more likely with the active
input of all affected stakeholders as to the appropriate remedy and its manner of delivery
(12.2(a)).44
65.
Processes that empower rights holders are an important part of remedy (12.2(b)) and
also help engender trust. 45 The steps needed to ensure that a process is empowering are
context dependent, though proper stakeholder consultation can help mechanisms identify and
40
41
42
43
44
45
14
E.g. A/HRC/44/32, annex, paras. 7.1, 8.1, 8.8, 8.9, 9.2, 9.4, 9.5, 10.2, 10.4, 13.2, 15.1 and 16.1.
See paras. 44 and 50 above.
See para. 44 above.
See A/72/162, paras. 38–54.
See paras. 26 and 34 above.
See section II.B.2.
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