Ⅱ Recommendation for NAPs
26. States should take appropriate steps to ensure the effectiveness of domestic judicial
mechanisms when addressing business-related human rights abuses, including
considering ways to reduce legal, practical and other relevant barriers that could
lead to a denial of access to remedy.
27. States should provide effective and appropriate non-judicial grievance mechanisms,
alongside judicial mechanisms, as part of a comprehensive State-based system
for the remedy of business-related human rights abuse.
2) The UN Guiding Principle above describes not only the importance of judicial
remedy addressing human rights abuses by business enterprises but also the duty
of the State to support and provide non-judicial remedy for victims.
3) The most representative example of non-judicial grievance mechanism is the
National Contact Point (hereafter referred to as “NCP”) based on the OECD
Guideline on Multinational Enterprises. The NCP investigates corporate activities
that violated the OECD Guideline, collects public opinions on the issue with
victims participating in the process and provides a forum for discussions to find
solutions.
4) Korea has set up the NCP in 2001, which has been in operation since. In 2011,
the National Human Rights Commission of Korea recommended that the NCP
should invite the stakeholders to participate and cooperate, improve access to its
website and revise its rules of procedure to guarantee transparency and
responsibility in its work.
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