Chile
Pillar 3: Access to Redress Mechanisms
Strand 2: State-Based Non-Judicial Mechanisms [pages 59-62]
In line with Principle 27 of the Guiding Principles, States must develop effective and appropriate non-judicial grievance mechanisms, at the same time as judicial mechanisms, as an integral part of a comprehensive state system to redress the violation of human rights by business enterprises. The State must inform the public about the existence and operation of these mechanisms, and take into consideration and act upon their recommendations. These mechanisms should also keep an open dialogue with citizens, especially with risk populations within the framework of corporate activities. It is desirable that these mechanisms are introduced, upon their mandate, at international exchanges and development for a about business and human rights; for example, they could be included in discussions with regional and global human rights institutions and in the revisions made to the progress achieved by the 2030 Agenda.
2.1 The National Contact Point for OECD Guidelines (NCP) of the Ministry of Foreign Affairs will adopt a series of measures to strengthen its duties. For this, it will:
o Renew and strengthen the Mirror Committee, a body composed by representatives from the business community, unions, NGOs, and academia -with the support of the INDH. The Committee’s main role is advising the NCP and supporting his/her work, including the dissemination and treatment of the cases he/she receives. This role will be strengthened by renewing the Committee to enhance the promotion of a Responsible Corporate Behaviour among national stakeholders.
o Submit, in conjunction with the Directorate of Human Rights of the Ministry of Foreign Affairs, before the Mirror Committee of the National Contact Point, the existing relationship between the OECD Guidelines for Multilateral Enterprises and the United
Nations Guiding Principles on Business and Human Rights.
o Prepare, in conjunction with the National Human Rights Institute, an Agreement of Good Intentions with the purpose strengthening communication between both organisations, share information about potential specific situations and infringement of the Guidelines, specifically regarding the chapter on human rights, and carry out joint execution of the same in dissemination and training activities.
o Organise, in conjunction with the Directorate of Human Rights of the Ministry of Foreign Affairs, dissemination and training activities, covering both instruments, for different national stakeholders, by including the mediation/conciliation role of the National Contact Point in the resolution of disputes with multilateral enterprises. Activities include the preparation of a briefing leaflet covering the relationship between OECD
Guidelines and the Guiding Principles.
o Keep the Trade Offices periodically updated, both at a national and international level, as well as the Chilean Embassies abroad and future Chilean diplomats, about OECD Guidelines, through official messages, teleconferences, visits to Embassies/Regional Offices and coordination of the Chilean Diplomatic Academy.
o Be voluntarily evaluated in 2017 through peer review, which will allow the country to identify the NPC’s strengths, as well as its points of improvement, thus becoming the first State in Latin America and the Caribbean to go through this kind of process.
2.2. The Ministry of Labour will guarantee access to surveillance actions should labour rights be infringed, by modernising the Labour Directorate.
2.3. The National Institute of Human Rights will:
o Introduce business and human rights standards in observation missions and reports.
o Collaborate with the OECD National Point of Contact in business and human rightsrelated matters.
2.4 The Superintendence of the Environment (SMA) will:
o Permanently update the National Information System for Environmental Surveillance, in publicly accessible website.
o Apply diverse prioritising criteria, such as “territorial vulnerability”, which addresses institutional and geographical aspects, and “grievances”, by taking into consideration the number of grievances received from citizens and the different sectors.
o Apply prioritising criteria for the processing and procedure of grievances submitted by citizens, such as “Level of seriousness of the facts reported” and “Public commotion”. The SMA has available a process for the community the raise grievances about facts that may represent infringements falling under its competence.
o Apply the Technical Protocol for the Execution of Environmental Surveillance Activities concerning Measures Associated with the Human Environment, in the surveillance of measures contained in Environmental Qualification Measures Associated with the Human Environment (indigenous or non-indigenous.)
2.5. Within the framework of the Local Development Policy of the Ministry of Energy, the following actions will be carried out:
o Promotion, in coordination with other relevant public services, and through multisectoral dialogue, the development and implementation of a grievance mechanism so that business enterprises and communities may forward to the authority their concerns about non-compliance of an agreement existing between the parties.
o Promotion of formal and permanent spaces for dialogue between business enterprises and communities, whereby potential impacts may become known and the relevant measures may be taken. For smooth operation of these spaces for dialogue, the public sector will promote the availability of a record of advisors and facilitators to be used by communities, and a Symmetry Fund47 allowing to finance such advisors or facilitators.
2.6 Within the framework of the Energy Policy, the Local Development Policy and the Chapter on Indigenous Relevance of Energy 2050, the Ministry of Energy will promote the development of mechanisms for the resolution of disputes between communities and business enterprises within the context of the development of energy projects, will may consist in, inter alia, mediation, redress or other mechanisms that may be relevant.