A/HRC/8/5
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B. Non-judicial grievance mechanisms
92. Non-judicial mechanisms to address alleged breaches of human rights standards should
meet certain principles to be credible and effective. Based on a year of multi-stakeholder and
bilateral consultations related to the mandate,53 the Special Representative believes that, at a
minimum, such mechanisms must be:
(a) Legitimate: a mechanism must have clear, transparent and sufficiently independent
governance structures to ensure that no party to a particular grievance process can interfere with
the fair conduct of that process;
(b) Accessible: a mechanism must be publicized to those who may wish to access it and
provide adequate assistance for aggrieved parties who may face barriers to access, including
language, literacy, awareness, finance, distance, or fear of reprisal;
(c) Predictable: a mechanism must provide a clear and known procedure with a time
frame for each stage and clarity on the types of process and outcome it can (and cannot) offer, as
well as a means of monitoring the implementation of any outcome;
(d) Equitable: a mechanism must ensure that aggrieved parties have reasonable access to
sources of information, advice and expertise necessary to engage in a grievance process on fair
and equitable terms;
(e) Rights-compatible: a mechanism must ensure that its outcomes and remedies accord
with internationally recognized human rights standards;
(f) Transparent: a mechanism must provide sufficient transparency of process and
outcome to meet the public interest concerns at stake and should presume transparency wherever
possible; non-State mechanisms in particular should be transparent about the receipt of
complaints and the key elements of their outcomes.
C. Company-level grievance mechanisms
93. Currently, the primary means through which grievances against companies play out are
litigation and public campaigns. For a company to take a bet on winning lawsuits or successfully
countering hostile campaigns is at best optimistic risk management. Companies should identify
and address grievances early, before they escalate. An effective grievance mechanism is part of
the corporate responsibility to respect.
53
The process involved experts from all stakeholder groups and regions. These principles, based
on more specific guidance developed for companies, apply across non-judicial mechanisms of
different kinds. See http://www.business-humanrights.org/Links/Repository/308254/
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