Ensuring the effectiveness of operational
grievance mechanisms
(f) Rights-compatible:
a number of key criteria to consider when
designing and implementing an operational
grievance mechanism. According to the UN
Guiding Principles, to be effective the grievance
mechanism must be:
earning
trust
from
the
stakeholder groups for whose use they are
intended, and being accountable for the
fair conduct of grievance processes.
groups for whose use they are intended,
and providing adequate assistance for
those who may face particular barriers to
access.
(g) A
source
of
continuous
learning:
drawing on relevant measures to identify
lessons for improving the mechanism and
preventing future grievances and harms.
(h) Based on engagement and dialogue:
consulting the stakeholder groups for
whose use they are intended on their
design and performance, and focusing
resolve grievances.
While all components of the above criteria are
important in ensuring the effectiveness of a
grievance mechanism, being perceived as a
legitimate grievance mechanism and having the
(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.
(d) Equitable: seeking to ensure that aggrieved
parties have reasonable access to sources
information,
advice
and
expertise
necessary to engage in a grievance process
on fair, informed and respectful terms.
(e) Transparent:
internationally recognised human rights.
on dialogue as the means to address and
(b) Accessible: being known to all stakeholder
of
that
outcomes and remedies accord with
Article 31 of the UN Guiding Principles outlines
(a) Legitimate:
ensuring
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.
trust of its potential users is essential. Without
such trust, the grievance mechanism will not be
utilised and will effectively be useless. One way
to build such trust is to involve potential users
in the design of the mechanism. This will ensure
it is fit for purpose for those for whose use it is
intended.
Remediation is often seen as separate from
human rights due diligence, but it is an
integral component of the human rights due
diligence process. Having an effective grievance
mechanism enables a business to identify issues
early before they escalate or become more
severe. For example, in cases of harassment and
bullying, being able to respond early will limit the
harm to the complainant and limit the potential
number of victims. In addition, by analysing the
trends in complaints, a business can identify
systemic issues and respond accordingly.142
Responsible business conduct and the tourism industry in Vietnam • Guidance for companies • 2022 | 53