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(c) Predictable: providing a clear and known procedure with an indicative
time frame for each stage, and clarity on the types of process and outcome
available and means of monitoring implementation;
(d) Equitable: seeking to ensure that aggrieved parties have reasonable access
to sources of information, advice and expertise necessary to engage in a
grievance process on fair, informed and respectful terms;
(e) Transparent: keeping parties to a grievance informed about its progress, and
providing sufficient information about the mechanism’s performance to build
confidence in its effectiveness and meet any public interest at stake;
(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.
Q 78. Why does this matter?
Both State-based and operational-level grievance mechanisms need to be
effective in order to provide remedy to those affected by corporate-related
human rights abuse. A truly effective operational-level grievance mechanism can
generate the kinds of benefits discussed under Guiding Principle 29, including
the early identification of problems, early and agreed solutions, increased trust,
and the avoidance of public protest, litigation or other forms of opposition.
A poorly designed or administered grievance mechanism may distort
assessments of how well human rights risks are being managed. It may raise
expectations that concerns will be addressed, without providing the processes
to deliver on that expectation. In the worst instances, an ineffective grievance
mechanism may compound stakeholders’ sense of grievance.
It is therefore important that operational-level grievance mechanisms should
meet certain criteria that help ensure their effectiveness.
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