Italy
I. Guidelines and General Principles
“So far the second NAP-BHR also incorporates the recommendations received during the third cycle of the Universal Periodic Review, relating to efforts – in terms of policies, legislative and administrative measures – to prevent and manage the obvious risk of companies’ involvement in human rights violations in conflict situations, and to support companies in better implementing legislative measures to combat labour exploitation in the agricultural sector” (p.8)
III. Expectations towards Business Companies
“In this area it is important to mention:
– the implementation of the Regulation (EU) 2017/821 on “conflict minerals”: the Regulation entered into force on 1 January 2021 and Legislative Decree No. 13 of 2 February 2021 provides for its adequate domestic implementation”” (p. 12)
IV. Italian ongoing activities and future commitments
Responsible Conduct and Due Diligence in the framework of the United Nations, OECD and European Union
“At the European level, the adoption of Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 establishing supply chain Due Diligence obligations for Union importers of tin, tantalum and tungsten, minerals and gold, originating in conflict or high-risk areas, has recently led EU Member States to take action to adapt their legal and regulatory systems to introduce this new obligation for Union importers” (p. 44)
Internationalization of companies
“Italy acknowledges an enhanced attention to the respect of human rights in areas affected by armed conflict, where their promotion can be an essential tool to prevent conflict and rebuild more stable and peaceful societies. On this basis, and with specific reference to minerals from areas affected by conflict or at high risk – in particular in the gold sector – Italy has performed best practices through awareness campaigns and training activities in line with the OECD Guidelines on Due Diligence, as well as the relevant EU regulations. In addition, again with reference to responsible trade in minerals, Regulation (EU) 2017/821 of the European Parliament and of the Council was adopted in 2017. This established supply chain Due Diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold, originating in conflict or high-risk zones. It has been transposed into Italian law through Legislative Decree No. 13 of 2 February 2021, which establishes Due Diligence obligations in the supply chain for Union importers of tin, tantalum and tungsten, their ores, and gold, originating in conflict or high-risk areas.” (p. 52)
ANNEX 1 – Accountability Grid and Assessment Tools for the Implementation of the NAP
“37. Fully implement Regulation (EU) 2017/821 establishing supply chain Due Diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold, originating in conflict or high-risk areas.
38. Further promote awareness of the OECD Guides on Due Diligence for Companies Operating in Weak Governance Zones (the “Risk Awareness Tool for Multinational Companies in Weak Governance Zones” and the “Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas”).
39. Include respect for human rights by businesses through specific projects designed and developed through the Italian Agency for Development Cooperation in areas of armed conflict (or high risk) that include awareness raising and capacity-development activities.
40. Strengthen the action of the Italian Cooperation on gender equality, including through support to the economic development of women in post-conflict situations in line with the three UN Pillars (peace and security, development and human rights) and in the context of the legislative and programmatic framework of UN Security Council Resolution 1325 “Women, Peace and Security” and Fourth National Action Plan on Women, Peace and Security adopted by Italy in 2020.” (p. 67)
ANNEX 2 – Summary of the Results of the Assessment concerning the Implementation of the first PAN BHR
“2. What are the good practices adopted by stakeholders, in line with the measures of the first NAP BHR?
Two further relevant aspects also emerged: typical conditions of countries at high risk, depending on the introduction of strict contractual clauses for trade transactions in such contexts – also in line with Regulation (EU) 2017/821 on minerals from “conflict or high risk areas”; the obligation of Due Diligence in relation to the import of minerals.” (p. 70)