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peoples. However, the more streamlined the mechanisms, the more easily
their effectiveness can be monitored, and the more successful they can be at
identifying generalized patterns and trends in how the enterprise is addressing
its human rights impact.
Q 73. What issues should an operational-level grievance
mechanism be able to address?
To be fully effective, a grievance mechanism should not be limited to addressing
complaints that amount to alleged breaches of human rights or other specific
standards. Such limitations will exclude a host of concerns that may, if
neglected, harm human rights or lead to protests or violent action, which in
turn may increase the risk of human rights abuses. For instance, communities
that find that an enterprise persistently ignores their concerns about noise, dust
or work opportunities may feel driven to take action to disrupt its operations as
the only way to get its attention, perhaps leading to physical confrontation and
even risk to life. One of the comparative advantages of an operational-level
grievance mechanism over formal third-party mechanisms is precisely its ability
to identify and address problems early, before they escalate.
It is reasonable for a mechanism to exclude clearly vexatious complaints, but
great care should be taken before concluding that a complaint falls into this
relatively rare category. A complaint that appears vexatious may mask other,
genuine concerns with potential human rights implications or wider risks to the
enterprise. The default should be to take every complaint seriously in the first
instance.
Q 74. Who should oversee the mechanism?
A grievance mechanism will rarely be effective without adequate senior-level
oversight and accountability within the enterprise. In a small enterprise, this
may mean a simple reporting line to the head of the enterprise from whoever
handles incoming complaints. In a larger enterprise, it will typically entail
more formal internal control and oversight systems. The allocation of oversight
roles should avoid any conflicts of interest, for instance, between ensuring
the effectiveness of the mechanism and defending the actions or decisions of
certain parts of the business.
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