Grievance Mechanism
A grievance mechanism is a system or mechanism through which people can lodge complaints about human rights violations caused by corporate activities and seek redress. The concept became widespread when the UN Guiding Principles on Business and Human Rights were adopted by the UN Human Rights Council in 2011, with victims' access to redress positioned as one of its pillars.
Originally, the most representative relief institution was the court. However, grievance mechanisms also include out-of-court dispute resolution procedures provided by public third-party organizations, such as national human rights institutions and national contact points (NCPs). National human rights institutions are independent organizations that provide advice, proposals, and recommendations on human rights to the government and parliament, but Japan has not yet established one. NCPs are liaison offices established in countries that have adopted the OECD Guidelines for Multinational Enterprises, including Japan, and are designated to promote the guidelines and resolve problems. In addition, there are private systems that aim to resolve issues through agreement between the parties, such as whistle-blowing offices established by companies and industry associations.
These mechanisms have their own advantages and disadvantages depending on their characteristics, as shown in the diagram below. Creating an environment in which victims can choose a mechanism depending on the type of relief they expect is called the "bouquet of relief," and has been recommended by the United Nations in recent years.
Types of Grievance Mechanisms (created by Ueda)
Non-judicial grievance mechanisms
Among grievance mechanisms, non-judicial efforts that aim to resolve disputes through mutual agreement between the parties are relatively new, but their future development is attracting attention as they complement the judicial system and improve the effectiveness of grievance mechanisms as a whole. However, as a way to prevent abuse and increase credibility, the UN Guiding Principles on Business and Human Rights state that:
1) The mechanism must be trustworthy for the parties involved (legitimacy).
② Victims have access to the mechanism
3) The time required for each stage must be clear and predictable.
④ Companies and whistleblowers are treated fairly
⑤Relevant information is disclosed and transparent
⑥ The content of the relief must be appropriate from a human rights perspective (not inconsistent with human rights).
7) The mechanism is continually improved and lessons learned (it serves as a source of learning).
8) Based on engagement and dialogue between the parties involved;
The eight requirements for effectiveness are as follows. Note that the eighth condition only applies to non-state-based mechanisms (mechanisms provided by companies or industry associations).
Among these non-judicial mechanisms, the mechanisms offered by individual companies are as follows:Fuji Oil Group,ア デ ィ ダ スIn the seafood field, Thai Union, which holds the largest share of the global canned tuna market,Speak Out SystemIn addition, there are joint grievance mechanisms such as:Roundtable on Sustainable Palm Oil (RSPO),International Accord,Bonscroare well known, and in JapanBusiness and Human Rights Dialogue and Relief Agency (JaCER)will be offering a platform-based mechanism from 2022.
Grievance mechanisms allow victims to have their voices heard,Human rights due diligenceThis is an important initiative from this perspective, and we look forward to seeing further developments in the future.
(As of 2023 year 11 month)
writing:Stakeholder Engagement Manager, Business and Human Rights Dialogue and Relief (JaCER)
Akihiro Ueda
