UNDP webinar on ensuring an effective out-of-court grievance mechanism
16.03.2023
On 23 February 2023, the Secretariat of the National Contact Point (hereinafter - NCP) participated in an online webina.organised by the United Nations Development Programme (hereinafter - UNDP) on "Ensuring an effective non-judicial grievance mechanism". In 2011, the UN Human Rights Council unanimously approved the UN Guiding Principles on Business and Human Rights (hereinafter the UN Guidelines). The UN Guidelines separately identify remedies for business-related human rights violations, which are both state and non-state. State remedies, in addition to the possibility of judicial redress, also include non-judicial remedies. Non-State remedies include mechanisms developed directly by enterprises on their own or in co-operation with stakeholders, associations or groups of different stakeholders. Moreover, the UN Guidelines highlight the following criteria for the effectiveness of non-judicial grievance mechanisms: • Legitimacy; • Affordability; • Predictability; • Justice; • Transparency; • Compliance with human rights standards; • A source of continuous learning. Kasenova Aziza Kasenova, Head of the NСP Secretariat of Kazakhstan, presented the main activities of the NСP, the OECD Guidelines for Multinational Enterprises and the procedure for handling appeals. It is worth emphasising that UNDP noted that the NСP has been very active over the past two years. Also during the webinar, Maxim Belingeri, Human Rights Manager, presented the experience of the international company L'Oréal in handling grievances internally. For example, since 2008, L'Oréal has had a "Speak up" programme that allows employees to report serious violations of human rights and fundamental freedoms, human health and safety and respect for the environment via the website (ethics reporting channel) directly to their manager. Ethics, Risk and Compliance Officer. In 2021, the said programme received 379 reports of possible non-compliance, including: • 16 sexual harassment cases; • 71 bullying cases; • 22 discrimination cases; • 24 health and safety cases. In addition, L'Oréal highlighted its close collaboration with the NСP and noted that it encourages all those interested to collaborate with the NСP as part of its practice. In addition, during the webinar, participants had the opportunity to learn about the out-of-court grievance mechanisms of the Commissioner for Human Rights in the Republic of Kazakhstan, as well as to learn about L'Oréal's experience in handling grievances. For reference: The National Contact Point is a collegial advisory body that decides on pending allegations of violations of the OECD Guidelines for Multinational Enterprises, including in the areas of information disclosure, human rights, labour and industrial relations, anti-bribery, bribery and extortion, environment, consumer interests, science and technology, competition and taxation. The Government of Japan and UNDP have joined forces to advance the global business human rights agenda through a recently launched project entitled "Promoting Responsible Business Conduct with a Special Focus on Promoting Human Rights Due Diligence in Global Supply Chains and Effective Use of the UN Guidelines on Business and Human Rights for Just Recovery".
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