A/HRC/11/13
page 24
Company level
100. Effective grievance mechanisms are an important part of the corporate responsibility to
respect. They complement monitoring or auditing for human rights compliance. They also
provide an ongoing channel through which the company gains early warning of problems and
disputes and can seek to avoid escalation; many of now emblematic cases of corporate-related
human rights abuse started out as far lesser grievances. Moreover, by tracking complaints,
companies can identify systemic problems and adapt practices to prevent future harm and
disputes.
101. The scale and complexity of dedicated mechanisms will depend on the extent of the
companies’ likely impacts. They need not be cumbersome to be effective and they may be
partially outsourced or shared with other operations or companies, provided the grievance
mechanism principles are met. An increasing number of companies, business associations and
business-related organizations are developing grievance mechanisms or related guidance. The
Special Representative welcomes the decision by the ICC, IOE and BIAC to pilot these
principles with companies in different sectors, and hopes this will generate broader lessons.56
National level
102. National human rights institutions (NHRIs) and the NCPs of States adhering to the OECD
Guidelines are potentially important avenues for remedy at the national level. In 2008, the
Special Representative contributed to various meetings of national human rights institutions and
addressed the annual meeting of NCPs.
103. While the mandates of some NHRIs may currently preclude them from work on business
and human rights, for many it has been a question of choice, tradition or capacity. The Special
Representative hopes that more NHRIs will reflect on ways they can address alleged human
rights abuses involving business. He welcomes the decision of the International Coordinating
Committee of NHRIs to establish a working group on business and human rights and looks
forward to continued cooperation.
104. NCPs stress the need for operational flexibility that reflects national circumstances. But to
ensure the credibility of the system as a whole, this ought to be delimited by minimum
performance criteria in line with those set out by the Special Representative. Several NCPs,
notably in the United Kingdom and Netherlands, have developed innovative governance
structures, transparency measures and mediation capacity that merit attention. Moreover,
Governments should consider ways to give more weight to NCP findings against companies. For
example, since Governments are obliged to promote the OECD Guidelines under which NCPs
operate, a negative finding logically might affect the company’s access to government
procurement and guarantees.
56
http://www.reports-and-materials.org/Joint-views-of-IOE-ICC-BIAC-to-Ruggie-Mar2009.pdf.
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