Through operational-level grievance mechanisms that pretend to offer remedy for victims, corporations can actually delay or divert right-holders’ complaints.
CASE STUDY: Ineffective remedy mechanism following destructive Fundão dam collapse
The UNGPs on Business and Human Rights require that non-judicial grievance mechanisms are legitimate, accessible, predictable, equitable, transparent, rights compatible, a source of continuous learning and based on engagement and dialogue.[1] However, when they do not follow these criteria, company-controlled grievance mechanisms can also be used as a way to keep victims from bringing their claims to court, limit remedy, limit claimants and/or delay engagement with rights-holders.[2]
[1] United Nations Office of the High Commissioner for Human Rights, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (United Nations Office of the High Commissioner for Human Rights, 2011), 35, https://www.unglobalcompact.org/library/2 (accessed November 7, 2019).
[2] International Commission of Jurists, Effective Operational-level Grievance Mechanisms (Geneva: International Commission of Jurists, 2019), 116., https://www.icj.org/companies-around-the-world-must-do-more-to-ensure-effective-operational-grievance-mechanism-practices-and-provide-clear-and-transparent-information/ (accessed December 4, 2019).