Non-State-Based Grievance mechanisms (GP26)

Draft Guiding Principles (GPs) for implementation of the U.N. “Protect, Respect and Remedy” Framework

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Non-State-Based Grievance mechanisms (GP26)

GUIDING PRINCIPLE 26: States should consider ways to facilitate access to effective non-state-based mechanisms dealing with business-related human rights grievances.

Commentary

One category of non-state-based grievance mechanisms encompasses those administered by a business enterprise alone or with stakeholders, by an industry association or a multi-stakeholder group. They are non-judicial, but may use adjudicative, dialogue-based or other culturally-appropriate and rights-compatible processes. These mechanisms may offer particular benefits such as speed of access and remediation, reduced costs and/or transnational reach.

Another category comprises regional and international human rights bodies. While they focus primarily on remedies for human rights violations by the State, some are also able to address certain alleged human rights abuses by business enterprises.

States can play a helpful role in raising awareness of, or otherwise facilitating access to, such options, alongside the mechanisms provided by States themselves.

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