A/HRC/44/32
resources for and capacity of key institutions. The recommended action, in the annex, is
intended to complement and support the vital action by various actors (State and non-State)
to address these wider challenges.
B.
Methodology
15. To better understand the challenges relating to non-State-based grievance mechanisms,
and the actions likely to be most effective given the diversity of non-State-based grievance
mechanisms that exist and variations in legal systems, structures and traditions around the
world, OHCHR gathered empirical information from a wide range of jurisdictions on the
design, functioning and use of non-State-based grievance mechanisms. This was done
through:
(a)
An initial scoping exercise and a public, consultative process in developing the
contours of this phase of work;16
(b)
Questionnaires targeted at the general public, States, and users and
administrators of different types of grievance mechanisms;
(c)
Participation in over 30 events or consultations in 16 different States covering
all five United Nations regional groups;
(d)
Case studies focusing on different types of mechanisms;
(e)
Over 100 interviews with users of non-State-based grievance mechanisms, and
those who have designed, administered or studied such mechanisms;
(f)
parties;
Review of over 200 reports, studies, articles and submissions prepared by third
(g)
Review of over 600 business and human rights-related events, news reports
and grievances;
(h)
Discrete research projects undertaken by OHCHR and third parties.
16.
A discussion paper17 setting out key observations was published and was the subject
of written and in-person consultations in November 2019.
17.
In February 2020, OHCHR published a consultation draft of the material that now
appears in the annex and addendum of the present report.18 Feedback from States and other
stakeholders submitted in response to that consultation process informed the final version
contained in the present report.
18.
All key documents and milestones of the project were communicated to States and
other stakeholders through relevant platforms and information-sharing channels. 19
Additionally, regular briefings on the project were held for State delegates.
C.
Structure, approach and audience of the recommended action
19.
As with the first two phases of the project, the recommended action set out in the
annex comprises a number of policy objectives, together with elements to demonstrate
different ways that the policy objectives can be achieved. Informed by the various
information-gathering activities, these policy objectives and supporting elements are
intended to capture “good practice” lessons as regards the design and operation of non-Statebased grievance mechanisms, and relevant legal and policy issues. To ensure global relevance
and applicability, the recommended action is designed to be readily adaptable to different
legal systems and contexts while also being practical, forward-looking and reflective of
international standards on access to remedy. Further explanation as to the various objectives
16
17
18
19
See www.ohchr.org/Documents/Issues/Business/ARP/ARPIII-PoW.pdf.
See www.ohchr.org/Documents/Issues/Business/ARP/ARPIII_Discussion_Paper_Nov2019.pdf.
See www.ohchr.org/Documents/Issues/Business/ARP/ARPIIIConsultation
DraftARPIIIRecommendations_Feb2020.pdf.
See www.ohchr.org/EN/Issues/Business/Pages/ARP_III.aspx.
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