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currently publicize information about their business-related work should do so. The Special
Representative welcomes plans on the part of the International Coordinating Committee of
NHRIs, supported by OHCHR, to address the issue of how this work might be further
strengthened.
98. The 40 States adhering to the OECD Guidelines for Multinational Enterprises must provide
a National Contact Point (NCP) whose tasks include handling grievances. OECD provides
procedural guidance, with individual NCPs having flexibility in the application of the
Guidelines. The NCPs are potentially an important vehicle for providing remedy. However, with
a few exceptions, experience suggests that in practice they have too often failed to meet this
potential. The housing of some NCPs primarily or wholly within government departments tasked
with promoting business, trade and investment raises questions about conflicts of interest. NCPs
often lack the resources to undertake adequate investigation of complaints and the training to
provide effective mediation. There are typically no time frames for the commencement or
completion of the process, and outcomes are often not publicly reported. In sum, many NCP
processes appear to come up short when measured against the minimum principles set out in
paragraph 92 above.
99. Certain NCPs, recognizing such shortfalls, have sought innovative solutions. Several have
involved multiple government departments and created multi-stakeholder advisory groups.
Perhaps most interesting is the decision of the Dutch Government to reorganize its NCP such
that a four-person multi-stakeholder group handles grievances independent of, though supported
administratively by, the Government. Alternative suggestions have included placing NCPs under
the legislative branch or within a NHRI. OECD and adhering States should consider these and
other options for addressing current deficits, while preserving the important role of governments
in raising awareness of the Guidelines and providing incentives for corporate compliance and
learning.
E. Multi-stakeholder or industry initiatives and financiers
100. For multi-stakeholder or industry initiatives aiming to advance human rights standards in
the practices of their corporate members, a grievance mechanism provides an important check on
performance. The same is true for financial institutions seeking to ensure compliance with
human rights standards in the conduct of the projects they support. In the absence of an effective
grievance mechanism, the credibility of such initiatives and institutions may be questioned. The
Voluntary Principles on Security and Human Rights recently faced this challenge, and the
Special Representative knows of calls for other initiatives, including the Equator Principles, to
develop a grievance process. Furthermore, while many of these mechanisms require their
corporate members or clients to have their own grievance processes as a first port of call, few set
clear process standards for them. This risks encouraging tokenistic rather than effective
processes at the operational level.
101. As the number of initiatives aimed at promoting standards increases, collaborative models
for their grievance mechanisms will likely become more important. These could facilitate access
for complainants by providing a single avenue for recourse to multiple organizations; marshal
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