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

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