A/HRC/44/32/Add.1 correct aspects of grievance processes which may be patronizing, culturally insensitive, or otherwise not sufficiently respectful of rights holder needs. In contexts where there are preexisting structures for decision-making, mechanisms should work with rights holders to identify ways to appropriately and respectfully reflect those structures in grievance processes, rather than seeking to impose unfamiliar and potentially disempowering alternatives. 66. Poor design of remedies can worsen human rights outcomes for rights holders, for example by exacerbating community tensions (e.g. as between younger people and older people), further entrenching inequalities in society (e.g. as between men and women) or contributing to a loss of autonomy and dignity. It is important for the human rights implications of remedies to be properly assessed and addressed (12.2(c)) so that the mechanism does not contribute to further harm. This requires a thorough understanding of the sociocultural and economic context within which remedial outcomes will be implemented, including an understanding of legacy issues (e.g. past human rights violations by State actors, such as in the context of forcible removals of people from land) and problems of entrenched gender or other forms of discrimination. Critically evaluating the effectiveness of remedial outcomes in practice (12.2(d)) can help mechanisms capture and properly implement “lessons learned” about ensuring rights-compatibility of remedial outcomes.46 67. The recommended action highlights the importance of building in systems for accountability of mechanisms for their remedial outcomes as an important aspect of rightscompatibility (12.3). If the mechanism engages with State agencies, precautions should be taken to avoid increasing the risk of retaliation against rights holders and others (12.4; see also 9.4). In this regard, there is a particular need for clear, considered and suitably robust policies and practice as regards actions taken in areas of weak governance, such as conflictaffected areas or areas in transition from conflict. 8. Continuous learning 68. Policy objective 13 begins by focusing on the steps that can be taken to ensure that lessons learned from a mechanism’s activities are applied to continuously improve the mechanism itself (13.1). The recommended action also draws attention to the possible need for mechanisms to consider questions of interoperability with other grievance mechanisms (such as the extent to which there should or could be referrals or arrangements for escalations between mechanisms) as part of efforts towards continuous learning (13.1(a)).47 69. Keeping meticulous records about grievances referred to the mechanism should support the necessary analytical work (13.1(b)). Provided appropriate safeguards are in place (see 10.7), technological solutions to manage this large amount of data can help reduce associated administrative burdens.48 70. Mechanisms should consider suitable arrangements for drawing from external sources of expertise (e.g. independent advisory panels, civil society organizations, trade unions or national human rights institutions) (13.1(e)) to ensure that the activities envisaged in 13.1 are methodologically rigorous from a human rights perspective and are implemented correctly. 71. The second part of policy objective 13 focuses on the various ways in which lessons learned from specific grievances handled by the mechanism can be used to inform human rights due diligence processes of business enterprises (including, though not necessarily limited to, the business enterprises whose activities have been the subject of grievance processes) (13.2). The routes that will be used to convey the necessary information to the companies concerned will vary depending on the type of mechanism. For instance, a company-based mechanism might have a direct line of communication with relevant management bodies, and ultimately the board, with respect to adverse impacts with which the company may be involved either through its own activities or as a result of its business relationships. A mechanism operated by an industry, multi-stakeholder or other collaborative initiative, on the other hand, will have its own routes for communicating with business 46 47 48 See section II.B.8. See further section II.C. See para. 57 above. 15