A/HRC/44/32/Add.1 State’s international legal obligations and policy commitments and responsive to local needs.7 6. Identifying areas for improvement is a complex task, especially given the range of different areas of law and regulation that could potentially be engaged. 8 The recommended action suggests the use of a review process to identify priority areas for action (1.1). To assist with this, a model terms of reference for a review of the scope, functions and effectiveness of non-State-based grievance mechanisms is included in figure 1 below. Figure 1: Model terms of reference addressed to a suitable review body (e.g. Ministry of Justice, law commission or domestic equivalent) to enable a review of the contribution of non-State-based grievance mechanisms to the remedy of businessrelated human rights abuse (including in a cross-border context), and the role of the State in facilitating access to remedy through such mechanisms. 1. The review body is requested to investigate and report on the following matters: (a) How do non-State-based grievance mechanisms established in, or active in, the jurisdiction currently 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? (b) How do non-State-based grievance mechanisms contribute to the effectiveness of domestic law and policy relevant to the corporate responsibility to respect human rights? (c) How does the State cooperate with other States (and through which bilateral, regional and multilateral initiatives) to enhance access to remedy through the use of nonState-based grievance mechanisms? (d) Which laws, policies and processes are relevant to the establishment and effective functioning of non-State-based grievance mechanisms in different sectors and contexts? (e) What legal reforms or other measures (e.g. the promulgation of guidance) may be needed in order to achieve a comprehensive system for the remedy of business-related human rights abuse, in which (i) administrative, legislative and other non-judicial mechanisms play an essential role in complementing and supporting judicial mechanisms; and (ii) there is policy coherence as between relevant laws, policies and processes? 2. The review body is requested to make recommendations that take into account: (a) The Guiding Principles on Business and Human Rights; (b) Other applicable international standards regarding accountability and access to remedy in cases of business-related human rights abuse; (c) Where relevant, the commitments made by the State in its national action plan on business and human rights; (d) Its findings in relation to the issues described in question 1 above; (e) International human rights treaties and other relevant bilateral and multilateral agreements that the State is party to; (f) bodies. Relevant recommendations made by international organizations and treaty 3. The review process will be public, open, inclusive and evidence-based and will involve: 7 8 4 A/HRC/44/32, annex, part I. See paras. 8 and 17 below.