A/HRC/44/32 Annex Recommended action to improve the effectiveness of nonState-based grievance mechanisms relevant to business and human rights Part I. Facilitating access to effective non-State-based grievance mechanisms by strengthening domestic law and policy Policy objective 1: States establish and maintain an enabling legal and policy environment for non-State-based grievance mechanisms dealing with business-related human rights harms. 1.1 The State has conducted a review of, and keeps under review, consulting appropriately and meaningfully with relevant stakeholders: (a) The different types of non-State-based grievance mechanisms based in or active in its jurisdiction; (b) The different ways in which non-State-based grievance mechanisms may complement the effective implementation of the State’s international legal obligations and policy commitments with regard to accountability and remedy for business-related human rights harm; (c) The different ways in which non-State-based grievance mechanisms can potentially contribute to the effectiveness of domestic law and policy relevant to the corporate responsibility to respect human rights; (d) Its policies and priorities as regards the promotion of non-State-based grievance mechanisms through relevant bilateral, regional and multilateral initiatives; (e) The laws, policies and processes that are relevant to the establishment and effective functioning of non-State-based grievance mechanisms in different sectors and contexts. 1.2 The State applies the findings from the review processes mentioned in paragraph 1.1 above: (a) To inform and continuously improve the State’s strategies for a comprehensive State-based system for the remedy of business-related human rights harms, in which administrative, legislative and other non-judicial mechanisms play an essential role in complementing and supporting judicial mechanisms; (b) To ensure policy coherence as between relevant laws, policies and processes; (c) To develop and disseminate suitable guidance for the establishment and effective functioning of non-State-based grievance mechanisms; (d) To identify the further measures which could be taken to encourage the establishment and effective functioning of non-State-based grievance mechanisms, particularly for business enterprises with which the State conducts commercial transactions or when the State contracts with business enterprises to provide services that may impact upon the enjoyment of human rights; (e) To further its cooperative efforts with other States through relevant bilateral, regional and multilateral initiatives with respect to access to remedy for business-related human rights harms through non-State-based grievance mechanisms. 1.3 The State’s laws, policies and processes relevant to the establishment and effective functioning of non-State-based grievance mechanisms are informed by a clear delineation between the roles and responsibilities of non-State-based grievance mechanisms and Statebased mechanisms (judicial and non-judicial). This delineation is appropriate to the type, 8

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