Italy
I. Guidelines and general principles
“(…) the second Italian NAP-BHR intends to strengthen the application of the UNGPs through a series of complementary measures, referring in particular to the following guidelines:
– the need to study in depth innovative issues related to technological development and artificial intelligence – also in relation to the Declaration of Rights in the Internet adopted by the Italian Parliament on 31 July 2015, in order to highlight their possible impact on the enjoyment of human rights, as well as an adequate action of corporate Due Diligence, and further innovative issues related to activities promoted by cultural companies with an important impact on the promotion of human rights” (p. 7)
II. Premises
b) Italy and the United Nations Guiding Principles on Business and Human Rights (UNGPs)
“The NAP addresses the issue of the negative impact of business activities on human rights and identifies specific commitments with the aim of effectively integrating the UNGPs into the national system and business activities and introduces limited objectives and actions, with reference to the national context translated into the following priorities:
The promotion of corporate processes of Human Rights Due Diligence, aimed at identifying, preventing and mitigating potential risks, with particular attention to small and medium-sized enterprises” (p. 10)
c) National Priorities
“1. Strengthening of the process to outline a regulatory framework for human rights due diligence, in accordance with international standards and developments in the EU, in order to identify, prevent and mitigate risks and manage eventual human rights violations by business companies.
(…)
4. A collective awareness of the impact that new technologies, especially artificial intelligence, could have on the enjoyment of human rights, while paying attention to the promotion of corporate due diligence processes on human rights within the activities of those companies involved in research and development of new technologies.” (p. 11)
III. Expectations towards business companies
“A more recent shift in 2020 has been recorded in the debate focused on the principle of Due Diligence in the supply chain, which is considered fundamental for companies wishing to carry out sustainable production activities that respect human rights.” (p. 12)
IV. Italian ongoing activities and future commitments
Gender dimension
“Italy has domestically transposed Directive (EU) 2014/95 on non-financial reporting through Legislative Decree No. 254/2016 and, in this context, an important inspection and verification activity by CONSOB of non-financial reporting is being conducted. Its ultimate aim is to verify adequate and transparent information along the supply chain, and also on processes of Due Diligence and management of the risk of violation of human and labour rights along the supply chain.” (p. 34)
Responsible Conduct and Due Diligence in the framework of the United Nations, OECD and European Union
“Italy has followed the above-mentioned process and will continue to provide its contribution to the international debate, taking into proper consideration not only potential risks depending upon lack of Due Diligence but also the factual impact of business conduct stemming from a scarce Due Diligence.” (p. 44)
Training activities on human rights
“(…) the Committee has received and submitted to the attention of the GLIDU, an “open letter” addressed to institutions by academia on the issue of Due Diligence, in the perspective of the synergic relationship between business and human rights.” (p. 45)
Internationalization of companies
“The strategic role of public agencies (in Italy SACE and SIMEST, with reference also to the Cassa Depositi e Prestiti – CdP system) makes them more exposed to the risk of being associated or directly linked to human rights violations: both agencies have integrated the OECD Common Approaches and carry out a Due Diligence analysis on the potential social and environmental impacts of their operations. In the management of financial instruments of development cooperation, with particular regard – but not limited to – facilities to Italian companies participating in joint ventures in partner countries (…)” (p. 51)
“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
“15. Conduct a systematic review of the legislative system in accordance with international standards on Due Diligence of companies.” (p. 63)
“26. Promote the dissemination of EU and international Due Diligence standards to businesses.” (p. 66)
“32. Participate in relevant OECD, European Union and other international initiatives on sustainable supply chains, human rights and Due Diligence.” (p. 66)
“34. Through new mechanisms of monitoring and recognition of business activities, provide for an analysis of the Due Diligence of public or state-controlled companies, including non-financial reporting.” (p. 66)
“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.” (p. 67)
“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”).” (p. 67)
“44. Support initiatives in all major international systems with the aim of developing tools to promote and strengthen ‘fair competition’ for the promotion and protection of human rights, including through the use of Due Diligence mechanisms, and foster the exchange of experiences with partner countries, both at European and international level, and with international organizations such as the United Nations, UNECE, OECD, ILO, UNICEF, IOM and the European Union.” (p. 67)
“48. Disseminate principles adopted in relation to emerging technologies such as artificial intelligence for human rights compliance with a Due Diligence approach.” (p. 68)
“50. Contribute, through exchange with governments and social partners, to good practices and common strategies to support the application of Due Diligence mechanisms in the debate on “Decent Work in the Global Supply Chain” promoted by ILO.” (p. 68)