Seminar Series

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Human Rights Due Diligence on Migrant Workers
Report on the first session“A Roadmap to Effective Remediation Mechanisms”

CRT Japan hosts a seminar series on “Human Rights Due Diligence on Migrant Workers”.
The first session “A Roadmap to Effective Remediation Mechanisms” was held online
on Thursday, the 17th of February 2022, with Archana Kotecha.
The first session received 133 registrations from 68 companies in a wide range ofindustries (machinery/electric/automobile manufacturing, food,chemicals/pharmaceuticals, construction/real estate, transportation,
information/communications, distribution/retail, consulting and other services) and
10 organizations (NGOs/NPOs, educational institutions, government agency) and 94
people were in attendance.
The first session aimed to provide a big picture of the regulatory environment forcorporate initiatives on business and human rights, the key features and merit ofeffective remediation mechanisms, and practical guidance for effective remediation
mechanisms.
Archana Kotecha cited the rapid development of legislation that requires or mandates
corporate accountability and disclosure as the background for the need to conduct
human rights due diligence in corporations. With emphasizing the importance ofeffectiveness of human rights due diligence process from conducting risk assessmentin business and supply chain, identifying and prioritizing human rights risks, conducting
impact assessment, and providing remedies to disclosing information, she explained
the level of effectiveness as an opportunity to enhance corporate value as it may help
companies stay appealing to investors and competitive in international markets.
She also stressed the need for a "remediation mechanism" (a mechanism that provides
a fair and effective remedy for any grievance experienced by the worker) that goesbeyond a grievance mechanism that only functions as a platform for workers to filecomplaints. She clarified that an effective remediation mechanism should be designed
incorporating feedback from workers and other stakeholders, should operate based on
impartial and unbiased decision-making by an independent body, and should becomplementary to state-based mechanisms. She explained that the effective
remediation mechanism helps pinpoint salient human rights issues faced by workers
in a company’s supply chain and identifies risk areas where further investigations might
be needed. By linking this to operational practices such as revisions of internal policies,
Caux Round Table Japan
Shibuya Sanshin Mansion 505, 29-33 Sakuragaoka-cho Shibuya-ku Tokyo 150-0031 JAPANhttp://crt-japan.jp/en/

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it may help reduce the risk of recurrence of similar human rights issues and functions

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as risk management. As an operational note, she cited the possibility that sub-tiersuppliers in the supply chain may have limited resources to operate an effective
mechanism on their own and argued that buyer firms should take the lead in operating
mechanisms that are accessible to all (multi-tier) suppliers.
Remediation mechanisms need to meet the effectiveness criteria for grievancemechanisms listed in Principle 31 of the UN Guiding Principles on Business and Human
Rights: legitimate, accessible predictable, equitable, transparent, rights-compatible,
source of continuous learning, and based on engagement and dialogue withstakeholders.
She clearly stated that the key to an effective remediation mechanism is to build trustwith stakeholders, and provided practical guidance (see below) in the remediation
mechanism, taking up several examples of grievance mechanisms.
Step 0: Build trust

Step 4: Redress the grievances

Step 1: Submit and Receive grievances

Step 5: Implement and monitor theremediation

Step 2: Verify the grievances

Step 6: Close the incident

Step 3: Investigate the grievances andStep 7: Incorporate feedback anddetermine response

evaluate results

A Q&A session followed, and the seminar was closed.
■References•The Remedy Project“Mandatory Human Rights Due Diligence Legislation Guidance for SuppliersOperating in Asia”•IOM“Operational Guidelines for Businesses on Remediation of Migrant Worker
Grievances”

Caux Round Table Japan
Shibuya Sanshin Mansion 505, 29-33 Sakuragaoka-cho Shibuya-ku Tokyo 150-0031 JAPANhttp://crt-japan.jp/en/2