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Assessing the Effectiveness of Non-State-Based Grievance Mechanisms in Providing Access to Remedy for Rightsholders: A Case Study of the Roundtable on Sustainable Palm Oil

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  • WIELGA, Mark
  • HARRISON, James

Abstract

This article explores different approaches to assessing the effectiveness of non-state-based non-judicial grievance mechanisms (NSBGMs) in achieving access to remedy for rightsholders. It queries the approach that has been widely adopted as a result of the United Nations Guiding Principles on Business and Human Rights (UNGPs), which focuses on the procedural aspects of grievance mechanisms. Rather, it stresses the importance of analysing the outcomes of cases for rightsholders. This article tests this hypothesis by undertaking comprehensive empirical research into the complaint mechanism of the Roundtable on Sustainable Palm Oil (RSPO). RSPO is found to perform well when judged according to the UNGPs’ effectiveness criteria. However, it performs poorly when individual cases are assessed to ascertain the outcomes that are achieved for rightsholders. The article therefore argues for the importance of equivalent scrutiny of outcomes in relation to other NSBGMs and provides an approach and accompanying methodology that can be utilized for that purpose.

Suggested Citation

  • WIELGA, Mark & HARRISON, James, 2021. "Assessing the Effectiveness of Non-State-Based Grievance Mechanisms in Providing Access to Remedy for Rightsholders: A Case Study of the Roundtable on Sustainable Palm Oil," Business and Human Rights Journal, Cambridge University Press, vol. 6(1), pages 67-92, February.
    • Handle: RePEc:cup:buhurj:v:6:y:2021:i:1:p:67-92_4
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    Cited by:

    1. Afrizal Afrizal & Otto Hospes & Ward Berenschot & Ahmad Dhiaulhaq & Rebekha Adriana & Erysa Poetry, 2023. "Unequal access to justice: an evaluation of RSPO’s capacity to resolve palm oil conflicts in Indonesia," Agriculture and Human Values, Springer;The Agriculture, Food, & Human Values Society (AFHVS), vol. 40(1), pages 291-304, March.
    2. James HARRISON & Margarita PAREJO & Mark WIELGA, 2024. "The value of complaints mechanisms in the private labour regulation of GVCs: A case study of the Fair Labor Association," International Labour Review, International Labour Organization, vol. 163(1), pages 73-94, March.

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