64 Q 64. When should an enterprise provide directly for remediation? If an enterprise recognizes it has caused or contributed to adverse human rights impact, it will in many cases be well positioned to play a direct role in providing timely and effective remedy. Remedies can take a variety of forms and it is important to understand what those affected would view as effective remedy, in addition to the enterprise’s own view. This may be an apology, provisions to ensure the harm cannot recur, compensation (financial or other) for the harm, cessation of a particular activity or relationship, or some other form of remedy agreed by the parties. In some circumstances, it may be most appropriate for remediation to be provided by an entity other than the enterprise. For instance, if a court process or some other State-based proceeding is under way, it may be necessary or appropriate for the enterprise to defer to that process rather than pursuing direct remediation. As the commentary to Guiding Principle 22 makes clear, such deferral is likely to be necessary if crimes are alleged. Wherever possible, those affected should have the opportunity to make an informed decision about how they wish to proceed, based on an understanding of the alternatives. If the enterprise has contributed to the impact but another entity (for instance, a contractor, supplier or the armed forces) is the primary cause and is either providing remediation or being held to account through a legitimate Statebased mechanism, it will typically be appropriate to defer to that process whenever a parallel remediation process would undermine it. Such State-based mechanisms could be an ombudsman’s office, a labour office, a National Contact Point or national human rights institution. In these and similar cases, the enterprise should cooperate in the remediation process. Q 65. What kind of remediation processes should an enterprise provide for? The focus of Guiding Principle 22 is on achieving remediation. That said, the means of providing for remediation can influence the effectiveness of that outcome. For instance, if an enterprise relies entirely on ad hoc processes to remedy any impact it has caused or contributed to, there is unlikely to be a shared understanding within the enterprise as to what kind of response is

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