5.8 Pillar 3: access to remedy
5.8.3 Operational principles: state non-judicial grievance mechanisms [page 38]
Guiding Principle 27
State non-judicial grievance frameworks can be an important factor in gaining remedy for human rights abuses. They enable the parties to identify solutions through dialogue, without what are often lengthy and costly court proceedings.
The federal government will employ the following policy instruments (PI) to implement Guiding Principle 27:
PI48 National Contact Point for the OECD Guidelines for Multinational Enterprises (NCP)
The states signatory to the OECD Guidelines for Multinational Enterprises are obliged to set up a non-judicial grievance mechanism in the form of an NCP. Submissions may be made to the NCP where multinational enterprises based in one of the signatory states are accused of failing to comply with the OECD Guidelines, which since their 2011 update also include a chapter on human rights.
The Swiss NCP forms part of SECO, but involves the relevant federal agencies in handling submissions, and receives advice on its strategic orientation and the application of the OECD Guidelines from the multi-stakeholder NCP Advisory Board.
The Federal Council regards the current practice of the Swiss NCP as appropriate and will continue to operate it in its current form.
PI49 Dispute resolution support from representations abroad
In recent years, certain representations abroad have helped companies and persons affected by human rights abuses to resolve their conflicts at the negotiating table. They have done so on an ad-hoc basis, but the federal government plans during the current reporting period to examine the possibility of Swiss representations abroad providing greater and more systematic support in resolving disputes.