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Guiding Principle 30

Industry, multi-stakeholder and other collaborative initiatives that are based on respect for human rights-related standards should ensure that effective grievance mechanisms are available.

Commentary

Human rights-related standards are increasingly reflected in commitments undertaken by industry bodies, multi-stakeholder and other collaborative initiatives, through codes of conduct, performance standards, global framework agreements between trade unions and transnational corporations, and similar undertakings.

Such collaborative initiatives should ensure the availability of effective mechanisms through which affected parties or their legitimate representatives can raise concerns when they believe the commitments in question have not been met. The legitimacy of such initiatives may be put at risk if they do not provide for such mechanisms. The mechanisms could be at the level of individual members, of the collaborative initiative, or both. These mechanisms should provide for accountability and help enable the remediation of adverse human rights impacts.

What National Action Plans say on Guiding Principle 30

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The NAP does not contain any measures related to and aimed at implementing GP 30.

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The Chilean NAP does not contain a reference to GP30.

Read more about Chile

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The Colombian NAP does not contain a reference to GP30.

Read more about Colombia

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The Czech NAP does not contain a reference to GP30.

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Appendix 2 – Overview of the implementation of the access to remedy

 Access to remedy [page 35]

Industry, multi-stakeholder and other collaborative initiatives that are based on respect for human rights-related standards should ensure that effective grievance mechanisms are available.

Initiatives taken or planned as a dedicated measure to implement the UNGPs

  • The guide on company conflicts resolution in the CSR Compass promotes the active involvement and engagement of the company’s stakeholders.

Read more about Denmark

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Finland’s NAP does not contain a reference to GP30.

Read more about Finland

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The French NAP does not contain a reference to GP30.

Read more about France

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The German NAP does not contain a reference to GP30.

Read more about Germany

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The Irish NAP does not contain a reference to Gp30.

Read more about Ireland

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IV. Government responses

Current Activities and Future Commitments [page 29]

B. Operational Principles

Guiding Principle 30

Italy recognises that judicial state-based mechanisms are at the core of the State’s ability to guarantee the full access to effective remedy against human rights abuses; at the same time, Italy yet acknowledges the need of developing appropriate non-state based grievance mechanisms and to this purpose the Government will encourage civil society organisations, trade unions and business associations to set up and activate grievance mechanisms (such as online network and tools, corporate mechanisms, or multi-stakeholders instruments) to enable the formulation, reception, and evaluation of claims for alleged human rights abuses and the proposals of adequate remedies.

Read more about Italy

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The Lithuanian NAP does not contain a reference to GP30.

Read more about Lithuania

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The Dutch NAP does not contain a reference to GP30.

Read more about Netherlands

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4.2 Non-state-based grievance mechanisms 

Cooperation on grievance mechanisms [page 41]

The 30th principle concerns cooperation on ensuring access to grievance mechanisms. Norwegian companies should take steps, either alone or in cooperation with others, to ensure that their cooperation partners and suppliers provide access to effective grievance mechanisms where appropriate.

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The Polish NAP does not contain a reference to GP30.

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C. Pillar III. Access to Remedy [pages 24-25]

The Guiding Principle 30 considers the role of the States as participants in collaboration initiatives.

Measures

Guiding Principle 31. In order to ensure their effectiveness, non-judicial grievance mechanisms, both State-based and non-State-based, should be:

  1. a) Legitimate: enabling trust from the stakeholder groups for whose use they are intended, and being accountable for the fair conduct of grievance processes;
  2. b) Accessible: being known to all stakeholder groups for whose use they are intended, and providing adequate assistance for those who may face particular barriers to access;
  3. c) Predictable: providing a clear and known procedure with an indicative time frame for each stage, and clarity on the types of process and outcome available and means of monitoring implementation;
  4. d) Equitable: seeking to ensure that aggrieved parties have reasonable access to sources of information, advice and expertise necessary to engage in a grievance process on fair, informed and respectful terms;
  5. e) Transparent: keeping parties to a grievance informed about its progress, and providing sufficient information about the mechanism’s performance to build confidence in its effectiveness and meet any public interest at stake;
  6. f) Rights-compatible: ensuring that outcomes and remedies accord with internationally recognised human rights; g) A source of continuous learning: drawing on relevant measures to identify lessons for improving the mechanism and preventing future grievances and harms; Operational-level mechanisms should also be: h) Based on engagement and dialogue: consulting the stakeholder groups for whose use they are intended on their design and performance, and focusing on dialogue as the means to address and resolve grievances. The Report containing the Guiding Principles (A/HRC/17/31) clarifies that the first seven criteria apply to any state or non-state mechanism, Resolution or mediation. The eighth criterion is specific to the operational level mechanisms that companies help to manage. MEASURES: 1. Those contemplated in relation to Guiding Principles 27, 28 and 30.

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The Swedish NAP does not contain a reference to GP30.

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5.8 Pillar 3: access to remedy 

Guiding Principle 30 [page 39]

The Federal Council regards support for grievance mechanisms as part of multi-stakeholder initiatives as an important means of guaranteeing access to remedy. They not only facilitate redress for those affected by abuses, but also boost the effectiveness and credibility of the initiatives concerned.

The federal government will employ the following policy instrument (PI) to implement Guiding Principle 30:

PI50 Grievance mechanism under the International Code of Conduct (ICoC) and other multi-stakeholder initiatives 

The International Code of Conduct for Private Security Service Providers stipulates an innovative grievance mechanism by which to punish violations by business enterprises. Claims may be made by employees or by third parties106. Similar contact points for affected parties are under discussion in other multi-stakeholder initiatives.

Switzerland provided significant content and financial support for the introduction of the ICoC grievance mechanism. It also makes a substantial financial contribution to the International Code of Conduct Association, which is responsible for implementing the grievance mechanism.

Switzerland will continue to offer political and financial support for the implementation of the ICoC, and thus also its grievance mechanism. Furthermore, through its membership of other multi-stakeholder initiatives it will promote the introduction of further such mechanisms.

Read more about Switzerland

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The UK 2013 NAP 

The UK 2013 NAP does not contain a reference to GP30.

The UK 2016 updated NAP 

The UK 2016 updated NAP does not contain a reference to GP30.

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The US NAP does not contain a reference to GP30.

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