A/HRC/14/27
113. Governments often point to the mere existence of judicial systems as proof that they
are fulfilling their duty to protect, but, as the above discussion demonstrates, much more is
required. The Special Representative will continue to examine options for addressing these
legal and practical barriers, including through a multi-stakeholder consultation.
D.
Complementarities
114. State-based judicial and non-judicial mechanisms should form the foundation of a
wider system of remedy for corporate-related human rights abuse. Within such a system,
company-level grievance mechanisms can provide early-stage recourse and possible
resolution. State and company-level mechanisms can be supplemented or enhanced by a
range of collaborative initiatives.
115. Industry-based and multi-stakeholder initiatives can enable companies to increase
the reach and reduce the costs of grievance mechanisms. Global framework agreements
may achieve the same for union federations and transnational companies. Regional or
international mechanisms may strengthen common standards for States and companies
across jurisdictions. Whatever the rationale, the fundamental purpose of such mechanisms
is to provide remedy to victims. Companies and States collaborating to develop or oversee
such mechanisms should do so in a manner consistent with the corporate responsibility to
respect and the State duty to protect.
116. The challenges to accessing any of these mechanisms can be greatest for the “atrisk” and vulnerable groups arguably most in need. Whether through active discrimination
or as the unintended consequences of the way remedial mechanisms are designed and
operate, these groups often face additional cultural, social, physical, and financial
impediments to accessing them. The custodians of any mechanism should give due
attention to possible differential impacts on such groups at each stage of the grievance
process: access, procedures and outcome.
E.
Summing up
117. Reality falls far short of constituting a comprehensive and inclusive system of
remedy for victims of corporate-related human rights abuse. Although progress has been
made, all types of mechanisms — State-based non-judicial and judicial, company-based, as
well as collaborative and international — remain underdeveloped.
118. Moreover, individuals and communities are often unaware of existing avenues for
remedy or how to make meaningful choices between them. As mechanisms further
proliferate, the challenge of access will increase unless there is adequate assistance to all
parties in navigating their options. The Special Representative recently upgraded his online
resource, BASESwiki,51 through which he will continue to support improved access to
information, learning and expertise in pursuit of more effective non-judicial grievance
mechanisms. It currently features over 200 mechanisms and 70 case stories.
119. He is also conducting a feasibility study of whether and how new international
networked arrangements for mediation might enhance access to sustainable dispute
resolution in business and human rights. The results will be included in his final report.
51
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Available at www.baseswiki.org.
GE.10-12629
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