57.1 Local Community and Legitimate Tenure Rights Holders: The Company shall, in consultation with Legitimate Tenure Rights Holders and the Local Community, prepare a proposal for a grievance mechanism for use by them, including all elements provided for in Annex A and any additional elements as the Parties may agree.

57.2 The Company shall ensure that the grievance mechanism is fully operational in accordance with the grievance mechanism proposal as adapted or revised following consultations with the intended user groups, no less than [insert number] month(s) after the Signature Date. The Company shall ensure that women are included equitably in the consultation process, and if necessary, consulted separately from men.

57.3 Workers [and Contract Farmers]: the Company shall, at its own expense, provide a grievance mechanism for Workers regardless of their employment status, and their organizations [and Contract Farmers (and their organizations)] to raise concerns related to the workplace [and/or the Contract Farming Scheme].

57.4 The Company shall ensure that the grievance mechanism:

(a) is made known to Workers [and Contract Farmers] at the time of their engagement;

(b) is easily accessible, understandable, and culturally sensitive and appropriate, including for women;

(c) is accessible in languages spoken by Workers [and Contract Farmers], including people with low literacy;

(d) provides multiple entry points for grievance settlement, so that it may be accessed differently by people of all genders and social groups, including Indigenous Peoples;

(e) addresses concerns promptly, using an understandable, predictable, and transparent process that provides timely feedback to those concerned, without any retribution;

(f) allows for anonymous complaints to be raised and addressed, providing extra measures to ensure the confidentiality of women’s complaints and the safety of women who use the Grievance Mechanism; and

(g) is responsive to Sexual Harassment, Sexual Exploitation, and Sexual Abuse concerns including by safeguarding the confidentiality and safety of the complainants and referring them to service providers when needed.

57.5 The grievance mechanisms provided for in this Agreement are without prejudice to any other judicial or administrative remedies available under the Applicable Law, through existing arbitration procedures, or as provided through collective agreements. The Company shall not make any representation to grievance mechanism users to the effect that the grievance mechanisms provided for in this Agreement impede or preclude access to other judicial or administrative remedies.

For more information: See generally IISD, 2014, Section 11.1 (Grievance Mechanisms); CFS, 2014, Principle 9 (Incorporate Inclusive and Transparent Governance Structures, Processes, and Grievance Mechanisms); OHCHR, 2015, Principle 9 (Grievance Mechanisms for Harm to Third Parties); ISLP & CCSI 2016, Section 2.13.8 (Grievance Mechanisms); UNIDROIT & IFAD, 2021, Chapter 7.I (Grievance Mechanisms).