STRATEGIC FRAMEWORK ON A NATIONAL ACTION PLAN ON BUSINESS AND
HUMAN RIGHTS FOR MALAYSIA
(e) Transparent: 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;
(f) Rights-compatible: ensuring that outcomes and remedies accord with internationally
recognized human rights;
(g) A source of continuous learning: drawing on relevant measures to identify lessons for
improving the mechanism and preventing future grievances and harms;
Operational-level mechanisms should also be:
(h) Based on engagement and dialogue: consulting the stakeholder groups for whose use
they are intended on their design and performance, and focusing on dialogue as the means to
address and resolve grievances.
106. A broad-based and strong system for remedy is needed to deal with the daily occurrence of
business-related human rights abuses impacting individuals and communities. As recognised by
Guiding Principles 26 to 30, the following types of grievance mechanisms together comprise a
system for remedy:
(a) Judicial mechanisms
(b) State-based non-judicial mechanisms, which include:
- administrative complaints processes
- parliamentary officials
- national human rights institutions
- the country’s OECD NCP
- accountability mechanisms of State-linked institutions that provide support and services to
businesses
- accountability mechanisms to address complaints related to State-owned or controlled
enterprises
(c) Non-State-based mechanisms, which include:
- businesses’ operational-level grievance mechanisms, which could operate at a company
level or project level, and includes mechanisms to internally address employment-related
complaints and mechanisms to resolve disputes with affected communities
- complaints processes of multi-stakeholder initiatives, such as the RSPO’s Grievance Process
- accountability mechanisms of MDBs, such as the World Bank Inspection Panel, the IFC’s
Compliance Advisor Ombudsman and the ADB’s Accountability Mechanism
(15)
Effectively address the underlying knowledge, capacity and power imbalances that pose
barriers to effective remedy for victims of business-related human rights abuses, especially
vulnerable and marginalised groups
107. The key barriers to remedy that those affected by business-related human rights abuses face,
regardless of the type of remedy sought or grievance mechanism used, are those that arise from
underlying knowledge, capacity and power imbalances. These key barriers are:
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