A/HRC/44/32
12.2 The mechanism has adopted and implemented the policies and processes needed to
ensure that:
(a)
Affected stakeholders are meaningfully consulted about the type of remedy
and the manner in which it should be delivered, recognizing that an effective remedy will
vary depending on the circumstances of the case and the needs of the rights holders in
question and may comprise financial remedies (and similar forms of reparation) and nonfinancial remedies (including acknowledgements, apologies and other symbolic remedies),
as well as timely preventive remedies to mitigate or prevent future harm;
(b)
concerned;
The grievance process is an empowering experience for the rights holders
(c)
The human rights implications of outcomes and remedies (including the
manner in which remedies are implemented) are properly assessed and that risks of any
adverse human rights impacts arising from the remedy or its implementation are fully
addressed, taking due account of relevant legacy issues, and drawing on relevant internal
and/or external expertise, including through meaningful consultation with affected
stakeholders;
(d)
The effectiveness of outcomes and remedies in addressing the relevant adverse
human rights impacts is properly evaluated, drawing on feedback from both internal and
external sources, including affected stakeholders, and that, where necessary, appropriate
corrective action is taken.
12.3 The mechanism has made appropriate arrangements to address non-implementation
of, or non-compliance with the terms of, remedial outcomes, which may include (depending
on the mandate and functions of the mechanism concerned):
(a)
The possibility of enforcement through mechanisms with the power to compel
performance;
(b)
Establishing or facilitating suitable arrangements for
implementation or compliance, whether on its own or through a third party; or
monitoring
(c)
Referral of the grievance to another mechanism (whether State-based or nonState-based) in accordance with applicable rules, policies and agreements as regards
confidentiality and consent.
12.4 The mechanism has adopted and implemented the policies and processes needed to
ensure that engagement with State agencies with respect to matters raised or information
obtained in the course of a grievance process is undertaken in a manner:
(a)
Which accords with the human rights of the rights holders concerned;
(b)
Which takes due account of relevant legacy issues;
(c)
Best calculated to reduce the risk of retaliation against the relevant rights
holders, people who are associated with them and people who contribute to the effective
functioning of the mechanism, informed by a thorough risk assessment;
(d)
Which complies with policies, and commitments or undertakings given to the
relevant rights holders, with respect to confidentiality and protection of the personal safety
and well-being of the rights holders concerned.
Policy objective 13: Non-State-based grievance mechanisms are a
source of continuous learning.
13.1 The mechanism takes steps to ensure that lessons for strengthening its own
effectiveness and improving its performance are identified and acted upon (as appropriate in
light of the mandate and functions of the relevant mechanism) by:
(a)
Proactively seeking feedback from rights holders and relevant stakeholders at
the conclusion of cases and at regular intervals thereafter as to their experiences with the
mechanism and ways that it (and the interoperability of grievance mechanisms) could be
improved;
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