Is implementing effective grievance mechanisms as easy as placing a
complaint box on an employee lunch room? Let's talk about the importance of
implementing effective grievance mechanisms and organizations and the
role that these mechanisms can play in enhancing accountability and sustainable
development. Operational grievance mechanisms are usually non judicial
complaint processes that provide a means for individuals workers or communities
who might be affected by a company's activities to raise questions and
concerns with a company and ideally get them addressed in a prompt and
consistent manner. They don't replace judicial forms of remedy however when
implemented effectively, grievance mechanisms do offer the prospect of an
efficient immediate and low-cost form of problem solving and remedy for both
companies and complainants - In addition to providing remedy to stakeholders, an
effective grievance mechanism that helps both address and remedy human rights
concerns, can also have significant benefits for businesses and their global
supply chains. Benefits include the early identification of potential risks where
grievance mechanisms can serve as a sort of early warning mechanism
regarding potential human rights risks so that companies can identify emerging
issues early on and develop effective mitigation strategies. They can also
result in more timely resolution of disputes providing a means where issues
can be addressed before they escalate into more lengthy and complex disputes
that often come at a high cost, not only for workers, but also for the suppliers
in an organization's supply chain through labor stoppages - and ultimately for the
buyers themselves through delayed orders or reputational damage should their
dispute escalate into a public protest. Grievance mechanisms can also help
ensure that companies are compliant with relevant regulations. The establishment
and operation of an effective grievance mechanism is increasingly becoming
codified in some national laws as part of a government's efforts to implement
the UNGPs within their national action plans. Recent legislation in Europe for
example has asserted the need for operational grievance mechanisms. Having
an appropriate grievance mechanism would therefore help demonstrate that
companies are meeting their due diligence obligations both among their
own workers and within their greater supply chains. And effective grievance
mechanisms can also help to enhance audit effectiveness. Many companies
expend enormous resources on various audits in their supply chains. Grievance
mechanisms don't replace audits, but they can enhance them and augment their
effectiveness - allowing auditors and those involved in
undertaking due diligence assignments to focus on the right issues. The
establishment of a grievance mechanism is a key part of companies
responsibility to respect under the UN guiding principles on business and human
rights framework which requires that companies take appropriate steps to
respect human rights by adopting policies, carrying out due diligence, and
taking steps to mitigate any potential negative human rights impacts. The UNGPs
have also affirmed the need for companies to establish effective
operational level grievance mechanisms for stakeholders who may be negatively
impacted by their activities (including those in their supply chains) in order
that grievances can be addressed early and remediated directly. In today's
globalized supply chains we often hear cases where workers continue to work
under what are often less than optimal conditions. Even when there are rights
violated workers are sometimes afraid to speak out due to fear of retaliation
punishment or even termination. It can be very difficult for them to access
remedies. Grievance mechanisms are there to help workers improve their working
situations and access their rights. So it's very important that these
mechanisms function as they should. One way to ensure this is to make sure that
the operational grievance mechanisms align with the UNGPs (specifically
guiding principle 31) which lays out the eight effectiveness criteria to ensure
that grievance mechanisms are legitimate, that they're accessible,
predictable, that their equitable, transparent, rights compatible, are a
source of continuous learning, and are based on engagement and dialogue. If
you're interested in assessing the current effectiveness of your
operational agreements mechanism, we would encourage you to use our free
online assessment tool by visiting our website or clicking on the link at the
end of this video. Most of the effectiveness criteria
listed in the UNGPs - and that we've included here are useful but inherently
subjective. There's no one particular process or formula that will
automatically ensure that your grievance mechanism is legitimate or accessible in
general terms. Concepts of legitimacy and accessibility only makes sense in
relationship to a set of specific circumstances, geographies, or cultures
and can't be generalized which is why you should always be a bit suspicious of
a prescriptive approach in this area. Something that may be legitimate for
say tech workers in Mumbai, may not be legitimate for community members near a
mine in Guatemala. At the end of the day the true test of effectiveness can only
be assessed by the intended users themselves - which is why we adopt a
stakeholder driven model of accountability in all our projects. When
helping to implement grievance mechanisms we don't want to just hang
another complaint box in the lunchroom in order to tick a box, we want to
produce REAL results and generate REAL value - both for the intended users and
ultimately the companies involved so that it results in better outcomes for all.
Thank you for watching this video if you found it useful please consider
subscribing, giving us a like or leaving us a comment below. I'll include a link
to our grievance mechanism assessment tool in the comment box so you can also find
it there. Thank you!