A/HRC/38/20
performance standards and the status of relevant certifications; and (c) other information
likely to be important to rights holders, such as information about the average duration of
complaint handling and/or dispute resolution processes and the likely costs in different
scenarios.
10.2 State-based non-judicial mechanisms have put in place procedures to ensure that
parties to a complaint and/or dispute are kept informed of key developments and
requirements, including through online accounts, telephone helplines or dedicated case
workers, as appropriate.
10.3 State-based non-judicial mechanisms publish and take proactive steps to disseminate
periodic reports on their activities and performance that set out in a readily understandable
format information likely to be useful to relevant rights holders, such as (a) the types of
complaints and/or disputes referred to the mechanism in a given period; (b) the percentage
of cases successfully resolved, and in what time period; (c) the percentage of cases rejected
by the mechanism, and on what grounds; and (d) common challenges.
10.4 Information with respect to the activities and performance of State-based nonjudicial mechanisms that are overseen by or operate within government departments is
accessible to members of the public pursuant to domestic regimes on freedom of access to
governmental information.
Policy objective 11: State-based non-judicial mechanisms are rights-compatible.8
11.1 The State adopts and implements laws and/or policies with regard to the
administration of State-based non-judicial mechanisms that are consistent with the State’s
obligations under international human rights law, including the rights to equality of
treatment and to non-discrimination.
11.2 State-based non-judicial mechanisms exercise their mandates and functions in a
manner that promotes (a) equal and effective access to justice; (b) adequate, effective and
prompt reparation for harm suffered; and (c) access to relevant information concerning
violations and reparation mechanisms.9
11.3 State-based non-judicial mechanisms have, with a view to achieving prompt,
adequate and effective remedial outcomes for business-related human rights abuses,
adopted and implemented procedures and practices designed to ensure, within the
framework of and subject to their mandates and functions, that (a) complaints and/or
disputes are addressed and concluded without undue delay; (b) in cases of severe or
irremediable harm, the mechanism can take pre-emptive action to mitigate the harm; (c)
rights holders are properly consulted with regard to the elements of an adequate and
effective remedy in their specific case; (d) rights holders are properly consulted about and
given an opportunity to comment on (and, where appropriate, provided with opportunities
to take further or corrective action prior to) any decision by the mechanism to reject, defer,
abandon or settle a complaint or dispute; and (e) following conclusion of a complaint
handling and/or dispute resolution process, rights holders are provided with information
regarding their options for further action, including on the steps that they should take in the
event of non-compliance by a party with the terms of a remedial outcome of a non-judicial
process.
11.4 In deciding whether to reject, defer, abandon or settle a complaint handling or
dispute resolution process, State-based non-judicial mechanisms give due regard to the
availability (or non-availability) of remedies under alternative mechanisms (including
judicial mechanisms).
11.5 State-based non-judicial mechanisms take steps to ensure that members of their staff
with responsibility for receiving and/or handling complaints and/or adjudicating and
8
9
Ibid., principle 31 (f) and commentary.
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International Humanitarian
Law, art. IX, para. 18.
15
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