A/HRC/11/13
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105. Other bodies can also play important roles in providing remedy at the national level. Some
may be issue-specific, for example focused on non-discrimination or labour rights. Others may
be sector-specific, such as for example, the banking and telecommunications industry
ombudsman systems in Australia. The Special Representative continues to explore promising
models.
International level
106. A number of voluntary industry codes, multi-stakeholder initiatives and investor-led
standards have established grievance mechanisms, and the above principles now provide a basis
for assessing whether they meet the minimum criteria. But many initiatives lack grievance
procedures, and there is evidence that this erodes their perceived legitimacy. The logical
implication is for them to adopt such mechanisms.
107. A major barrier to victims’ accessing available mechanisms, from the company or industry
to the national and international levels, is the sheer lack of information available about them.
This information deficit also makes it difficult to improve such mechanisms and to learn from
past disputes and to avoid their replication.
108. With these barriers in mind, the Special Representative has launched a global wiki:
Business and Society Exploring Solutions-A Dispute Resolution Community.57 BASESwiki
(www.baseswiki.org) is an interactive online forum for sharing, accessing and discussing
information about non-judicial mechanisms that address disputes between companies and their
external stakeholders. It includes information about how and where mechanisms work, solutions
they have achieved, experts who can help, and research and case studies. BASESwiki will be
built over time by and for its users. It is currently available with English, French, Spanish,
Chinese and Russian portals; Arabic is under development. The Special Representative urges all
stakeholders - business, NGOs, Governments, mediators, lawyers, academics and others - to help
develop this important resource and to assist in bringing its benefits to those without internet
access.
109. Various stakeholders have pressed for a new international institution to improve access to
non-judicial remedy. Proposals include a clearing house to direct those with disputes towards
mechanisms that might offer remedy; a capacity-building entity to help disputing parties use
those mechanisms effectively; an expert body to aggregate and analyse outcomes, enabling more
systemic learning and dispute prevention; and a grievance mechanism for when local or national
mechanisms fail or are inadequate.
110. The first three suggestions hold promise of practical, achievable benefits, if done
appropriately. Developing global information and resource platforms such as BASESwiki is an
essential precursor to any of these roles.
57
In collaboration with the International Bar Association and with support from the Compliance
Advisor/Ombudsman of the World Bank Group and JAMS Foundation.
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