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each stage should be respected wherever possible, while allowing
that flexibility may sometimes be needed;
(d)
In grievances or disputes between business enterprises and
affected stakeholders, the latter frequently have much less access
to information and expert resources, and often lack the financial
resources to pay for them. Where this imbalance is not redressed, it
can reduce both the achievement and perception of a fair process
and make it harder to arrive at durable solutions;
(e)
Communicating regularly with parties about the progress of
individual grievances can be essential to retaining confidence
in the process. Providing transparency about the mechanism’s
performance to wider stakeholders, through statistics, case studies
or more detailed information about the handling of certain cases,
can be important to demonstrate its legitimacy and retain broad
trust. At the same time, confidentiality of the dialogue between
parties and of individuals’ identities should be provided where
necessary;
(f) Grievances are frequently not framed in terms of human rights
and many do not initially raise human rights concerns. Regardless,
where outcomes have implications for human rights, care should be
taken to ensure that they are in line with internationally recognized
human rights;
(g) Regular analysis of the frequency, patterns and causes of grievances
can enable the institution administering the mechanism to identify
and influence policies, procedures or practices that should be
altered to prevent future harm;
(h)
For an operational-level grievance mechanism, engaging with
affected stakeholder groups about its design and performance can
help to ensure that it meets their needs, that they will use it in
practice, and that there is a shared interest in ensuring its success.
Since a business enterprise cannot, with legitimacy, both be the
subject of complaints and unilaterally determine their outcome,
these mechanisms should focus on reaching agreed solutions
through dialogue. Where adjudication is needed, this should be
provided by a legitimate, independent third-party mechanism.
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