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appropriate. This creates a risk of internal dispute over how to proceed and of
delays in remediation.
Some enterprises may have formalized processes for specific adverse impact
that is a particular risk for their operations—for instance, if a pollutant escapes
into a waterway or if an employee is injured. The risk of such an issue-specific
approach is that there is no clear process available when a less foreseeable
impact occurs.
It is therefore generally preferable to have in place agreed processes for the
remediation of adverse human rights impact arising in any area of operations,
even if this requires more than one type of process (for instance, for direct
employees and for external stakeholders).
In many instances, the most effective and efficient way to provide for remediation
processes is through an operational-level grievance mechanism. A grievance
mechanism is not just an internal administrative procedure for handling impact
or grievances. Whereas an internal procedure is typically passive, i.e., waiting
for problems to arise and then responding, a grievance mechanism is active: it
aims to facilitate the identification of grievances and address them as early as
possible. It does so by ensuring it is known to, and trusted by, those stakeholders
for whom it is intended. The key processes provided by the mechanism are
public, as are the general timelines it provides for handling grievances and the
ways in which individuals can register their concerns. There is transparency of
communication with complainants and accountability to them for the provision
of a fair process. A grievance mechanism of course also requires some internal
procedures, but these are just part of the larger process it provides.
Grievance mechanisms and criteria for their effectiveness are discussed further
under Guiding Principles 29 and 31.
Q 66. What kinds of “legitimate processes” could provide
remediation other than those of the enterprise itself?
There may be one or more kinds of State-based mechanisms that are
appropriate for providing remediation if the enterprise cannot or should not
do so itself. These obviously include the courts and may also include State
ombudsman or complaints offices (sometimes specific to an industry), a labour
standards office, a National Contact Point (in States that have signed up to
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