A/HRC/17/31
rights. However, some have also dealt with the failure of a State to meet its duty to protect
against human rights abuse by business enterprises.
States can play a helpful role in raising awareness of, or otherwise facilitating access to,
such options, alongside the mechanisms provided by States themselves.
29.
To make it possible for grievances to be addressed early and remediated directly,
business enterprises should establish or participate in effective operational-level
grievance mechanisms for individuals and communities who may be adversely
impacted.
Commentary
Operational-level grievance mechanisms are accessible directly to individuals and
communities who may be adversely impacted by a business enterprise. They are typically
administered by enterprises, alone or in collaboration with others, including relevant
stakeholders. They may also be provided through recourse to a mutually acceptable external
expert or body. They do not require that those bringing a complaint first access other
means of recourse. They can engage the business enterprise directly in assessing the issues
and seeking remediation of any harm.
Operational-level grievance mechanisms perform two key functions regarding the
responsibility of business enterprises to respect human rights.
• First, they support the identification of adverse human rights impacts as a part of an
enterprise’s on-going human rights due diligence. They do so by providing a channel
for those directly impacted by the enterprise’s operations to raise concerns when
they believe they are being or will be adversely impacted. By analyzing trends and
patterns in complaints, business enterprises can also identify systemic problems and
adapt their practices accordingly
• Second, these mechanisms make it possible for grievances, once identified, to be
addressed and for adverse impacts to be remediated early and directly by the
business enterprise, thereby preventing harms from compounding and grievances
from escalating.
Such mechanisms need not require that a complaint or grievance amount to an alleged
human rights abuse before it can be raised, but specifically aim to identify any legitimate
concerns of those who may be adversely impacted. If those concerns are not identified and
addressed, they may over time escalate into more major disputes and human rights abuses.
Operational-level grievance mechanisms should reflect certain criteria to ensure their
effectiveness in practice (Principle 31). These criteria can be met through many different
forms of grievance mechanism according to the demands of scale, resource, sector, culture
and other parameters.
Operational-level grievance mechanisms can be important complements to wider
stakeholder engagement and collective bargaining processes, but cannot substitute for
either. They should not be used to undermine the role of legitimate trade unions in
addressing labour-related disputes, nor to preclude access to judicial or other non-judicial
grievance mechanisms.
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