A/HRC/44/32/Add.1
4.
Predictability
50.
The need for clarity as to procedures and relevant timeframes is addressed in a series
of elements under policy objective 9 (9.1 and 9.2). The methods for communicating such
information will depend on the mechanism but may include both offline and online resources,
disseminated through the communication channels mentioned above,39 and should be in the
languages of relevant rights holders. Information should be sufficiently detailed for rights
holders to understand the grievance process and make an informed assessment of the
mechanism’s capacity to respond to the issues at hand (9.2(a) and 9.2(b)). In doing so it is
important that such information is accurate and avoids overpromising with respect to the
types and likelihood of remedies that might be delivered.
51.
There may be circumstances where a mechanism seeks to cooperate with another
mechanism (whether State-based or non-State-based) or a State agency. It is important for
rights holders to be informed of the circumstances in which this might take place, when and
how they will be consulted, and their rights (if any) to object (9.4(a)). The mechanism should
take account of risks of retaliation from both State and non-State actors (9.4(b)) as a result of
any such cooperation (see also 12.4).
52.
Publishing information about, or databases including, past cases (e.g. types of claims,
along with remedial outcomes and time frames) can enhance predictability of grievance
processes (9.5). However, mechanisms will be subject to legal and other constraints,
including with respect to protecting people from the risk of retaliation (see also 8.9).
5.
Equitability
53.
Policy objective 10 highlights the importance of access to information, advice and
assistance to enable rights holders to participate fairly and confidently in grievance processes.
54.
In many cases, rights holders will likely need some form of advisory or financial
support to help raise a grievance (10.1(a)). Cases where rights holders have experienced
serious injury or trauma need particularly careful handling (10.1(b)), and it can be helpful for
them to have access to specialist “navigators” with first-hand experience of the harm and/or
relevant grievance process who can help them find their way through the remediation process
and provide necessary support along the way.
55.
The recommended action makes suggestions for the observance of due process,
highlighting the importance of adequate and timely provision of information (10.2),
opportunities to verify and comment on information before material decisions are made
(10.3), a proper record of the process, outcomes and reasons for any decisions made, and
information as to next steps, including options for reviewing or challenging processes or
outcomes (10.4).
56.
It is of particular importance that rights holders have access to reports that have been
created for the purpose of the grievance process (e.g. investigation reports) or which may be
personal to them, such as medical reports.
57.
The recommended action takes account of the growing use of new technologies in
connection with grievance processes, for instance with respect to helping document abuse,
receiving or communicating information, and case management (10.7). Such technologies
can help empower rights holders, enhance the accessibility of mechanisms, enable more
efficient grievance processes, and help developers and operators of mechanisms analyse
trends and patterns in complaints with a view to identifying systemic problems that require
addressing in order to prevent future harm (see 13.2). However, such technologies have
limitations, as they may be inappropriate in certain cases (e.g. in complex or nuanced
situations where specialist, personal interaction and support is required), may exacerbate
inequalities with respect to access to remedy for those with low digital literacy levels, and
may present serious risks as regards privacy, data protection and digital security. Thus,
39
See para. 44 above.
13
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