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Colombia

  • Action point 2.6 (p. 13):

 “The Ministry of Environment, jointly with the National Authority for Environmental Permits, will strengthen the existence of respect for human rights requirements regarding the Environmental Impact Assessment of companies, and the Business Social Risk Management and Human Rights Plans.”

  • Action point 3.3 (p. 14):

 “The Ministry of Internal Affairs will propose the inclusion of the business and human rights issue on the agenda of the National Committee for Human Rights Defenders, Social and Community Leaders, as well as the Regional Committees for Guarantees, with the purpose of using them as meeting spaces to settle conflicts with impacts on human rights caused by the business activity.”

  • Action point 3.4 (p. 14):

 “Through the Comprehensive Conflict Prevention and Management System, the National Government will create agreement and social talk mechanisms between the Government and its several levels, the communities and the enterprises. The foregoing is intended to create formal dialogue areas for actors with various interests; all of that as a means to contribute to peacebuilding and respect for human rights in the territories. This action will begin its execution once the system is implemented.”

  • Action point 4.1 (p. 15):

 “The Government will strengthen the subscribing to these multi-actor initiatives: Guias Colombia, Swiss Ethical Committee and the Mining-Energy Committee, as well as the implementation of guides or the provided recommendations by such initiatives.”

  • Action point 5.3 (p. 16):

 “Promote the implementation of the United Nations Guiding Principles and other international standards on business and human rights by the trades and the enterprises part thereof, so they may adopt human rights policies. Thus, during the first year of the execution of this Plan, the Council to the President for Human Rights will convene high level meetings with the trades to determine the inclusion goals in the multi-actor initiatives and human rights performance follow-up mechanisms. These actions must be coordinated with the entities of the Working Group, especially with the Ministry of Commerce, Industry and Tourism and in cooperation with the Post-Conflict Directorate.”

  • Action point 5.6 (p. 17):

 “The Ministry of Commerce, Industry and Tourism will promote the business efforts to adjust their policies to the OECD Guidelines for Multinational Enterprises, for which purposes it will assess, within six month from the execution of this Plan, its strategy to disseminate the Guidelines so as to make them widely known.”

  • Action point 7.1 (p. 19):

 “The Working Group, advised by the Expert Committee, will encourage discussion fora to determine the best ways for enterprises to establish easy-to-access, transparent and effective complaint and claims offices or mechanisms for prevention and mitigation and remedy of adverse human rights effects as may be caused by their activities.”

  • Action point 7.6 (p. 19):

 “The Working Group will tend towards enterprises, through their complaint offices, receiving and diligently managing the citizen and community claims, as considered to be affected by the adverse effects caused by their operations.”

  • Action point 7.7 (p. 20):

“The Working Group, advised by the Expert Commission, will encourage companies to have follow-up strategies in place to know about the progress and follow-up to the mitigation of adverse impacts caused by the development of business activities.”

  • Action point 10.1 (p. 23):

“The Council to the President for Human Rights will encourage the Ombudsman’s Office to lead the implementation of the access to remedy policies covered by this Action Plan, and to develop a specific training effort for its officers at the territorial and local levels.”

  • Action point 10.2 (p. 23):

“The Working Group on Business and Human Rights, within the year of the Plan being launched, will draw a map of the current judicial and non-judicial remediation mechanisms on business and human rights in the country. Such map will identify which mechanism responds to each type of conflict, and will include a diagnostic of the efficacy and efficiency of the access to judicial and non-judicial remedy mechanisms, according to the United Nations Guiding Principles, identifying the obstacles to access to justice by the affected populations, both legally and practically.”

  • Action point 10.3 (p. 23):

 “Upon the Plan’s launching, the entities part of the Working Group, supported by the Ombudsman’s Office will provide advice on access to the current judicial and non-judicial remediation mechanisms in the country, through its communication channels with citizens. Once completed the mechanism map, the collected information therein is to guide the assistance provided to citizens.”

  • Action Point XI is dedicated to non-judicial grievance mechanisims:
    • Action point 11.1 (p. 24):
       “As regards the non-judicial remedy, the mechanism mapping referred to in 10.2 above will define the ways to access to each mechanism; the encountered obstacles; the relation between mechanisms; the affected institutions, individuals and communities; as well as the current research, mediation, facilitation, negotiation and arbitration options.”
    • Action point 11.2 (p. 24):
       “The Working Group will develop strategies to disseminate the most relevant and appropriate business and human rights extrajudicial mechanisms.”
    • Action point 11.3 (p. 24):
      “The Ministry of Commerce, Industry and Tourism, within the six months of the Plan’s launching, will submit to the Consultation Committee of the National Point of Contact, an analysis of its dissemination strategy regarding the National Point of Contact and will establish the improvement it may deem fit to guarantee access to such point as for conflicts over which it may have jurisdiction.”
    • Action point 11.4 (p. 24):
       “The Ministry of Labor and the Public Employment Services will continue to support the talks among workers, unions, enterprises and government for negotiation, as well as the employment mediation and agreement through the mechanisms defined for such purpose.”
    • Action point 11.5 (p. 24):
      “The Working Group and the Council to the President for Human Rights, supported by the Ombudsman’s Office, will encourage and provide access to mediators and facilitators for the resolution of conflicts as may arise between communities and enterprises, notwithstanding that there may be other pending administrative or judicial processes.”
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