escalate. One of the most efficient ways for a company to remediate impacts is through
an operational-level grievance mechanism that is directly accessible to individuals, users
and communities who may be adversely affected by the business and which can act as an
early warning system about concerns. As with other dimensions of the corporate
responsibility to respect human rights, the expectation that companies provide a remedy
for harm they are involved in applies to all companies, foreign and Myanmar. Some of the
larger Myanmar based companies are just beginning to address the need for establishing
grievance mechanisms for workers, communities and civil society 2 as are some of the
international companies operating in Myanmar. 3
Key Points for Implementation
Set up an accessible and local information point for all issues concerning larger
projects, and in particular network infrastructure. This could start with actions as
simple as putting contact phone numbers on infrastructure if local villagers want to
raise concerns about the equipment; it could also be a network of locally based
liaison officers, or community volunteers, or a dedicated CSO with a two-way
connection to the company.
For ISPs and “Over the Tops”: Develop community standards about the kind of
content permitted on the site and mechanisms for users to report content they find
disturbing (such as a “Report Concerns” button or link on the website). Undertake
basic user awareness raising campaigns to ensure such mechanisms are known and
effective.
Develop a mechanism (or mechanisms) that provides accessible and effective
processes for users, workers or communities to address concerns directly
about a company or its business partners. Accessibility will need to be considered
carefully in light of the services the company offers, local languages, availability of
ICTs, or whether “toll free” services are available to call so that users do not have to
pay.
Design any mechanism with worker and community input to be consistent with
the effectiveness criteria under the UN Guiding Principles on Business and Human
Rights. 4 It should guarantee that there will be no retaliation against complainants
inside and outside the company, and that complainants are free to choose whether to
use the company’s mechanism or opt for remediation processes by state or thirdparty institutions.
5. Take collective action where appropriate to address
human rights, social and environmental issues.
There is a value to companies in the ICT sector coming together to approach sensitive
topics collectively and sharing lessons learned on applying international standards,
including from other comparable countries. Collective action by companies can be more
effective, less labour intensive for Government, and reduce exposure for individual
2 MCRB’s, Pwint Thit Sa/Transparency in Myanmar Enterprises surveys companies for whether they have
operational grievance mechanisms. On 3 June 2015 MCRB held Workshop for Business on Operational
Grievance Mechanisms.
3 See for example, Phillips reports that it has developed a Myanmar specific grievance mechanism:
http://business-humanrights.org/en/response-by-philips-myanmar-foreign-investment-tracking-project
4 UN Guiding Principles on Business and Human Rights, Principle 31 (see Recommendation to Government
No. 9).
RECOMMENDATIONS TO ICT COMPANIES
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