Colombia – Non-judicial grievance mechanisms

By Daniel Morris | 14. April 2021

II. CHALLENGES

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Another major challenge in the implementation of the Plan has to do with strengthening the institutional offer of judicial and non-judicial, state and non-state reparation mechanisms, and the population’s access to them. It is essential to work hand in hand with the business sector to foster a culture of respect for the rule of law by participating in state reparation mechanisms and promoting, through its activities, the prompt resolution of any claims that may arise.

 

V. INTERNATIONAL NORMATIVE FRAMEWORK

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On the other hand, the Pact for Legality: Effective Security and Transparent Justice seeks to guarantee access to justice for all people in the event of a rights violation. This objective is fundamental in the framework of the National Action Plan (NAP), as it strengthens the Remediation pillar, which will be developed later, but which seeks to strengthen access to justice in business and human rights cases. The national government seeks to strengthen both the judicial system and all non-judicial mechanisms that ensure conflict resolution and guarantee reparations for all victims of human rights violations.

 

VIII. FUNDAMENTAL PILLARS

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iii. Fundamental Pillar 3: Access to remedy mechanisms

Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms

  • The Presidential Advisory Office for Human Rights and International Affairs will disseminate a map/roadmap of non-state mechanisms to guide people affected by business activity.
  • The Ministry of Trade, Industry and Tourism [Mincit], as the entity where the Colombian NCP of the OECD Guidelines for Multinational Enterprises has its seat, will continue its work of disseminating the NCP’s non-judicial dispute resolution mechanism, in the events it organises in fulfilment of its functions of disseminating the Guidelines.
  • The Presidential Advisory Office for Human Rights and International Affairs, together with the Presidential Advisory Office for Public-Private Management, will design a guidance mechanism to ensure that human rights grievance mechanisms are effective and aligned with the criteria set out in the Guiding Principles.
  • The Ministry of Justice [Minjusticia] will manage the education and training of the operators of the Houses of Justice and Citizen Coexistence in Conflict on human rights and business.
  • The Ministry of Justice [Minjusticia] will facilitate access to alternative methods of conflict resolution in disputes arising from business activities that violate human rights in the territories.
  • Business associations will promote the importance of human rights grievance mechanisms and their effectiveness.
  • The SIC [Superintendencia de Industria y Comercio] will identify in telecommunications companies in Colombia which mechanisms are in place to guarantee due process in relation to the rights of petition presented by customers or citizens, within the operational framework.
  • The SIC [Superintendencia de Industria y Comercio] will identify the actions or strategies of telecommunications companies in Colombia to address or remedy the actual and potential negative consequences of their operation.
  • The SIC [Superintendencia de Industria y Comercio] will provide technical assistance to companies to design and strengthen their grievance mechanisms with a focus on human rights and business.