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Non-State-based grievance mechanisms
28. States should consider ways to facilitate access to effective non-Statebased grievance mechanisms dealing with business-related human
rights harms.
Commentary
One category of non-State-based grievance mechanisms encompasses
those administered by a business enterprise alone or with stakeholders, by
an industry association or a multi-stakeholder group. They are non-judicial,
but may use adjudicative, dialogue-based or other culturally appropriate
and rights-compatible processes. These mechanisms may offer particular
benefits such as speed of access and remediation, reduced costs and/or
transnational reach.
Another category comprises regional and international human rights
bodies. These have dealt most often with alleged violations by States of
their obligations to respect human rights. However, some have also dealt
with the failure of a State to meet its duty to protect against human rights
abuse by business enterprises.
States can play a helpful role in raising awareness of, or otherwise
facilitating access to, such options, alongside the mechanisms provided by
States themselves.
29.
To make it possible for grievances to be addressed early and
remediated directly, business enterprises should establish or participate
in effective operational-level grievance mechanisms for individuals and
communities who may be adversely impacted.
Commentary
Operational-level grievance mechanisms are accessible directly to
individuals and communities who may be adversely impacted by a business
enterprise. They are typically administered by enterprises, alone or in
collaboration with others, including relevant stakeholders. They may also
be provided through recourse to a mutually acceptable external expert or
body. They do not require that those bringing a complaint first access other
means of recourse. They can engage the business enterprise directly in
assessing the issues and seeking remediation of any harm.
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