PLANNED ACTIONS:
Action point 1, Elaborer une boîte à outils destinée aux entreprises et organisations concernant les droits de l’Homme [Develop a toolkit for companies and organizations on human rights], presents the action of developing, in collaboration with experts and main human rights stakeholders and organizations, a toolbox that will help companies prevent human rights violations and promote the respect for human rights through their activities. This “Toolbox” will be composed of different elements including how companies can create grievance mechanisms; launch initiatives for data collection in order to prepare human rights commitments and policy statements; and apply proper human rights due diligence.
In context of Action point 2, Elaborer une brochure sur les mécanismes de réparation liés à l’autorité publique [Prepare a brochure on grievance mechanisms related to public authority] the NAP explains that in Belgium, various legal procedures (both judicial and extra-judicial procedures and grievance mechanisms) form the basis of the grievance system. Mediation procedures can be accessed through the OECD NCP, and different provisions included in the criminal law can be imposed through the Belgian courts, etc. However, many of these grievance mechanisms are insufficiently known about. The federal government will engage in a research mission to list all of the different state-based mechanisms (both judicial and non-judicial) that can be used in cases of human rights violations by companies or organizations (Belgian or foreign). The results of this research will be integrated into a readable, comprehensible and practical brochure that will be made available to stakeholders, both online and in print (limited). This brochure will focus on companies, organizations and victims of human rights violations. Both procedural and substantive aspects of these grievance mechanisms will be addressed and will be available in Dutch, French, German and English.
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The Chilean NAP does not make an explicit reference to GP22.
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The Colombian NAP does not contain a reference to GP22.
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Pillar II. The Corporate Responsibility to Respect
Removing the effects of loss or damage [pages 36-37]
The Government of the Czech Republic recommends that businesses who, even if only hypothetically, could encounter human rights risk should have procedures in place in case their operations cause human rights loss. The aim should be to find a peaceful solution to disputes and to provide a remedy.
Although everyone is entitled to take their dispute to a state body, i.e. an authority or a court, for an authoritative decision, judicial proceedings are not always the most appropriate way forward for all types of disputes. What is more, litigation could generate negative publicity for a business. Where the extent and nature of an infringement allow, it is advisable to seek an out-of-court settlement. While this is not suitable for all types of dispute, it can often be faster, less costly and more readily accepted by the victims.
Alternative dispute resolution can take the form of structured dialogue, mediation or arbitration. A wide panoply of remedies is available. Besides cash satisfaction, non-financial remedies should also be offered, in particular a public apology, the restoration of what has been damaged to its previous condition, the commissioning and payment of professional services (e.g. medical services, the clean-up of a water source), and the provision of non-monetary assets (e.g. replacement land, goods). The victims’ wishes and interests are of particular importance when deciding how to proceed. Safeguards to prevent a recurrence of the infringement are integral to this mechanism.
Remedial mechanisms may be applied in cooperation with other (external) entities. For example, it is possible to draw on the services of certain state bodies providing services for the out-of-court settlement of consumer disputes (the Czech Trade Inspection Authority, the Czech Telecommunication Office, the Financial Arbitrator, and the Energy Regulatory Office).
If a dispute does end up in court, businesses should not back themselves into a defensive corner. In many cases, it may be more appropriate to admit to certain individual errors that cannot be disputed and then make an attempt at reaching an agreement or conciliation.
The logical end result is the adoption of measures preventing a recurrence of any such incident in the future.
Documents and sources of information
The Office of the Government of the Czech Republic collects model documents, guidelines and materials intended for businesses to improve the performance of tasks in this chapter, and posts them on the National Corporate Social Responsibility Portal: http://narodniportal.cz/
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The Danish NAP does not contain a reference to GP22.
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The Finnish NAP does not contain a reference to GP22.
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III. Access to Remedy
Non – judicial mechanisms
At the national level
2.6 Grievance mechanisms in companies
Proposal for Action No. 17 [page 59]
Actions to be implemented
Encourage the establishment of grievance mechanisms by businesses that meet the following criteria for implementation:
- They support dialogue, consultation and complaints for people who consider themselves adversely impacted;
- Information is provided on the existence of these mechanisms;
- Any complaints are dealt with at the earliest possible opportunity;
- Reports on the implementation and/or results of these mechanisms are provided to stakeholders.
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The German NAP does not contain a reference to GP22.
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The Irish NAP does not contain a reference to GP22.
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Italy’s NAP does not contain a reference to UNGP 22.
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The Lithuanian NAP does not contain a reference to GP22.
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The Dutch NAP does not contain a reference to GP22.
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3.4 Grievance mechanisms for human rights violations [page 35]
The 22nd principle concerns remediation. Grievance mechanisms are described in chapter 4. It is important to distinguish between judicial and non-judicial mechanisms. Cases involving violations of national legislation are dealt with by the judicial system or the appropriate appeals body.
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The Polish NAP does not contain a reference to GP22.
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The Spanish NAP does not contain a reference to GP22.
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The Swedish NAP does not contain a reference to GP22.
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The Swiss NAP does not contain a reference to GP22.
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The UK 2013 NAP
The UK 2013 NAP does not contain a reference to GP22.
The UK 2016 updated NAP
The UK 2016 updated NAP does not contain a reference to GP22.
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The US NAP does not contain a reference to GP22.
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