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(f) Rights-compatible: ensuring that outcomes and remedies accord
with internationally recognized human rights;
(g) A source of continuous learning: drawing on relevant measures
to identify lessons for improving the mechanism and preventing
future grievances and harms;
Operational-level mechanisms should also be:
(h) Based on engagement and dialogue: consulting the stakeholder
groups for whose use they are intended on their design and
performance, and focusing on dialogue as the means to address
and resolve grievances.
Commentary
A grievance mechanism can only serve its purpose if the people it is
intended to serve know about it, trust it and are able to use it. These criteria
provide a benchmark for designing, revising or assessing a non-judicial
grievance mechanism to help ensure that it is effective in practice. Poorly
designed or implemented grievance mechanisms can risk compounding
a sense of grievance amongst affected stakeholders by heightening their
sense of disempowerment and disrespect by the process.
The first seven criteria apply to any State-based or non-State-based,
adjudicative or dialogue-based mechanism. The eighth criterion is specific
to operational-level mechanisms that business enterprises help administer.
The term “grievance mechanism” is used here as a term of art. The term
itself may not always be appropriate or helpful when applied to a specific
mechanism, but the criteria for effectiveness remain the same. Commentary
on the specific criteria follows:
(a) Stakeholders for whose use a mechanism is intended must trust it
if they are to choose to use it. Accountability for ensuring that the
parties to a grievance process cannot interfere with its fair conduct
is typically one important factor in building stakeholder trust;
(b) Barriers to access may include a lack of awareness of the mechanism,
language, literacy, costs, physical location and fears of reprisal;
(c) In order for a mechanism to be trusted and used, it should provide
public information about the procedure it offers. Time frames for
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