A/HRC/44/32/Add.1
enterprises associated with the initiative, for instance via meetings, guidance, online
resources or reports. In addition to providing recommendations with respect to specific
business enterprises, such a mechanism should be in a position to provide information
relevant to human rights due diligence more broadly, such as through sector-specific
guidance (13.2(b)).
9.
Operational-level mechanisms based on engagement and dialogue
72.
Policy objective 14 shows how operational-level grievance mechanisms can
implement Guiding Principle 31(h) in practice. While this effectiveness criterion is
concerned with operational-level grievance mechanisms, many of the elements under this
policy objective have broader relevance, and could usefully be drawn upon by other types of
non-State-based grievance mechanisms.
73.
To ensure that operational-level grievance mechanisms are based on engagement, it
is important for stakeholder needs and perspectives to be understood and incorporated into
the design of the mechanism (14.1). Seeking to build upon any relevant decision-making
structures to which people are already accustomed (e.g. indigenous institutional and decisionmaking processes) can serve to increase a mechanism’s legitimacy, as well as provide a basis
for more equitable processes. When appropriate, relevant sources of local expertise (e.g. trade
unions or civil society organizations) should be drawn upon for advice as to the most effective
and appropriate ways to engage with rights holders. Developers and operators should draw
from relevant international standards as regards stakeholder engagement processes (see
14.1(b) and 14.1(c)).49 The types of design-related issues on which it will be important to
consult will typically include the scope of the mechanism, methods of communication,
methods of raising grievances, language, locations of and timings of meetings, and
involvement of independent mediators or adjudicators.
74.
The elements relating to dialogue begin by recognizing the importance of mediation
techniques (14.2(a)) and joint problem solving (14.2(b)) for resolving grievances through
operational-level grievance mechanisms. Mechanisms should invest in training and advisory
support to ensure that personnel keep pace with developments in mediation best practice in
the context of business and human rights grievances (14.2(c)). The recommended action
recognizes that, while dialogue-based processes may be an appropriate way of resolving
grievances in many cases, situations may arise (e.g. complex cases, or cases where the dispute
is entrenched) where adjudication by independent third parties may be necessary (14.2(d)).
C.
Enhancing access to effective remedy using non-State-based grievance
mechanisms through greater cooperation and coordination
Box 5: Key concepts
“Developers and operators of non-State-based grievance mechanisms” include entities or
organizations that create, design, or host non-State-based grievance mechanisms (such as
business enterprises or development finance institutions), non-State-based grievance
mechanisms themselves and their personnel.
“Peers”, among developers and operators of non-State-based grievance mechanisms, refers
to people, entities or organizations with similar functions or objectives in relation to similar
mechanisms. For instance, for company-based mechanisms, it includes those responsible for
developing or operating other company-based mechanisms (whether within the same
business enterprise or from other businesses). For multi-stakeholder initiatives, it
encompasses individuals and organizations responsible for developing and operating
mechanisms with similar structures and objectives. For an independent accountability
mechanism, peers would include independent accountability mechanisms associated with
different development finance institutions.
49
16
See paras. 34–36 above.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents