Peru – Non-judicial grievance mechanisms

Under the OECD Guidelines, the Peruvian NCP is tasked with promoting the Guidelines and related Due Diligence Guidance and handling cases related to potential non-compliance with the Guidelines by a multinational enterprise, through a non-judicial process of mediation and conciliation between the company and the affected parties referred to as “specific instances” (OECD, 2020b, p. 22). – page 12

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. Conclusions of the specific issues

Judicial and extrajudicial reparation mechanisms

There is a need to strengthen and develop the capacities of the bodies responsible for the procurement and administration of justice, as well as the oversight bodies and extrajudicial mechanisms, with a gender and differential approach. The importance of this lies in the fact that the reparation of human rights violations can have a dissuasive effect on the repetition of similar situations. – page 51

Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050

Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.

Objective 1: Strengthen mechanisms at the state level to redress human rights violations in the corporate sphere.

88.

Action: Promote regulatory modifications that guarantee suitable reparation mechanisms, in accordance with international standards.

Background: Establish mechanisms or commissions for the review of legislative frameworks and judicial and extrajudicial mechanisms, in line with the recommendations issued in the OHCHR Project on Access to Redress (A/HRC/32/19/Add.1, A/HRC/38/20/Add.1 and A/HRC/38/20/Add.1).

Indicator: Creation and Implementation of space for intersectoral sectoral coordination for
the reviewing of legislative frameworks and judicial and extrajudicial mechanisms. – page 120

90.

Action: Promote and encourage expeditious and accessible procedures for the redress of persons directly affected
by serious acts of corruption or when their commission involves legal persons, incorporating the GP-RBC approach and, therefore, evaluating the inclusion of guarantees of non- repetition, apologies, and non-judicial mechanisms based on mediation.

Background: Peru has made significant progress focused on sanctions, through the incorporation of administrative liability of companies for corruption offenses, as well as the establishment of a legal framework to ensure that companies involved in corruption cases comply with the payment of civil reparations. Under the GP-RBC approach, it is important that these advances be complemented with activities that promote expeditious and accessible procedures for the reparation of those directly affected, as well as measures of non-repetition, apologies and mediation. In the latter case, it is important to take advantage of the framework of the National Contact Point.

Indicator: Number of activities to promote and encourage the aforementioned procedures.  – page 121

Objective 2: Strengthen the judicial and extrajudicial systems to redress human rights violations in the corporate sphere.

95.

Action: To disseminate judicial and extrajudicial mechanisms for the protection of human rights in business activities.

Background: To make visible and disseminate the existing tools in the national legal framework and the experiences in terms of reparation in cases involving corporate responsibility for adverse impacts on human rights, including aspects such as the burden of proof.

Indicator: Report on activities for the dissemination of judicial and extrajudicial mechanisms implemented. – page 124