III. First National Action Plan on Business and Human Rights in Chile
Actions of the National Action Plan on Business and Human Rights
As observed in the reports prepared in the field of business enterprises and human rights by different national and international institutions, business enterprises may cause a series of adverse impacts, which could include the following: …. child labour (interfering with the health, development, education or family life of people under 18 years of age), unsafe or unhealthy conditions at work exposing workers to risks such as accidents and work-related accidents. Aspects out of the corporate’s scope may also be included -such as impacts on the environment that may cause health problems or affect the lifestyle of local communities …
Pillar 1: The State Duty to Protect Human Rights
Strand 6: Strengthening Coherence between Public Policies
Action point 6.2 [page 45]
The Ministry of Social Development will draft a proposal for gathering information about business and human rights, which includes the following:
- Through the National Service of the Elderly, will coordinate dialogues about the services that provide the elderly residences with a human rights approach through protocols guidelines. The dialogues will be with enterprises at a regional level that provide services of care to elderly people to disseminate the guidelines the Service has define. [
Action point 6.3 [page 46]
The Ministry of Foreign Affairs will:
o Through the General Directorate of International Economic Relations, it will:
- Continue to promote, in international negotiations, both at a bilateral and multilateral level, Intellectual Property Schemes seeking a balance between the protection rights of inventors and creators and the interests of society in general. In this context, apart from promoting Intellectual Property, consideration will be given to the respect for the human right of having access to knowledge and culture, and the right to healthcare.
Action point 6.5 [pages 46-47]
The Under-Secretariat of Social Security of the Ministry of Labour will coordinate national, regional and tripartite efforts concerning the National Programme for Health and Safety in the Workplace. This Programme seeks to promote the development of a national culture of prevention in health and safety issues; contribute to the protection of workers through the elimination of work-related dangers and risks, or to their reduction to a minimum level, with the purpose of preventing injuries, diseases and deaths caused by work and promote health and safety in the workplace. Implementation will be based on ILO Convention No. 187 about the Framework for Health and Safety in the Workplace and the Programme of Government of the President of the Republic, through a regional and nations process of consultation to representatives of the employers, workers, government entities and bodies responsible for enforcing Law No. 16,744.
Action point 6.6 [page 47]
The Ministry of Mining will disseminate the most relevant elements of the new Regulation of Mining Safety, which promotes and sets out the rights and duties related with occupational health and safety matters.
Strand 9: State Business Enterprises
Action point 9.2 [page 49]
The National Oil Company (ENAP), with the support of independent experts, will prepare a baseline to identify eventual impacts on human rights and the promotion and respect actions the Company is currently performing. This has the purpose to identify gaps and manage the relevant plans for human rights remediation and mitigations. Priority subjects included in the study will be: life, health, environment, water, communities and workers.
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 1: Contextual issues: Development of texts allowing business enterprises to understand the local context and the risks of potential negative impacts on human rights.
Action point 1.3 [page 53]
The National Health Institute will coordinate, with expert support, the preparation of a study about the impact of the pharmaceutical industry.