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Italy – E and CC

I. Statement of Commitment

[page 5]

…To protect human rights, Italy undertakes to:

  • Encourage companies, also in view of the updating of the National Strategy for Sustainable Development, in line with the commitments undertaken with the Agenda 2030 and the role that the private sector will be called to play in its implementation, to voluntarily commit themselves at national, regional and international level to prevent and redress potential human rights adverse impacts; … and to enhance the use of indicators of quality, sustainable development, equality and gender

C. National Priorities

[page 7]

…With the aim of analysing specific matters related to the Italian context, the NAP mainly focuses on six priorities representing the business and human rights areas that NAP intends to address…

6. Promoting Environmental Protection and Sustainability.

III. Government Expectations towards business

[page 9]

The Italian Government recognises the importance of supporting voluntary approaches of human rights respect and promotion by business as fundamental ways towards the growing of new corporate cultures and strategies inspired by social values and sustainable principles. This is particularly true with reference to the Agenda 2030 and to the role that business is called to play in the SDGs implementation.

In line with the principles set out in the II Pillar of the UNGPs, and as recalled by the CoE Recommendation (2016/3), enterprises are called to respect human rights by conducting their economic activities both within national borders and abroad in a manner to prevent and avoid any potential direct or indirect human rights negative impact, internally …and externally (environment, community members, consumers)…

A. Foundational Principles

[page 11]

… Italian Government expects then that business enterprises comply with all domestic legislation, which includes – among others – specific provisions regarding …the protection… of the environment…

… On the occasion of the Meeting of the G7 Employment and Development Ministers (Berlin, 12-13 October 2015) the “Action for Fair Production” initiative was approved by Ministers in order to foster sustainable global supply chain management in compliance with the internationally recognized labour, social, and environmental standards of the United Nations, the OECD and the ILO.

LEGALITY RATING

[page 13]

The Decree No. 231 introduces essential provisions regulating the relationship between companies and the stakeholders, sanctioning enterprises that through their managers, company’s officers, subordinates (or third parties acting on behalf of the company), commit specific offences, including environmental crimes,…

THE ADMINISTRATIVE LIABILITY OF ENTITIES

[page 14]

… Law 231 is both preventive and punitive: the list of crimes falling under the application of the law has been extended over the time and it presently includes specific human rights abuses… In 2015, new environmental crimes have been included (environmental disaster, environmental pollution, failure to decontaminate, etc.).

Planned Measures

[page 16]

  • Ensuring the full implementation of Law 221/2015 on green economy, including in particular the elaboration of a ‘Green Act’, a reviewed ‘National Sustainable Development Strategy’, a ‘National Plan on Sustainable Consumption and Production’ and the establishment of a ‘Committee on Natural Capital’ to promote environmental sustainability and foster investments in the green economy; these measures will be developed taking into due consideration the development of the relevant European Union frameworks such as the Climate-energy Package 2030 and the Circular Economy Package as well as according to Agenda 2030 and the Paris Agreement;

ENVIRONMENT

[page 17]

In the field of environment protection, the promotion of high environmental standards by enterprises beyond National and EU legislation is an essential contribution to the respect, promotion and fulfillment of human rights. Particularly relevant in this context are initiatives relating to green economy taken by the Government (Ministry of Environment and Ministry of Economic Development) in partnership with relevant stakeholders (such as national research centres, universities, business enterprises and environmental associations at national and international level) and other international actions undertaken in the field of countering climate change.

Planned Measures

[page 19]

  • Support the National Dialogue on Sustainable Finance led by the UNEP Inquiry with the Ministry of Environment, and involving major banks, insurances and institutional investors as well as their associations and policy makers;
  • Promote environmental accounting in sustainability reporting and encouraging the adoption of disclosure processes for the assessment and communication of the environmental and carbon footprint of business;
  • Strengthen human rights protection and promotion of low-carbon, ecologically sound technologies through climate change international cooperation in line with the OECD Guidelines and the Guiding Principles;

The State-business nexus

[page 21]

… Italy fully adheres to the principles of enforcement of socially responsible procurement and is engaged in ensuring that the respect for human rights is taken into consideration in all procurement stages …

… Export Credit Agencies and Investment Insurance Agencies (ECAs) provide government-backed loans, insurance and guarantees to support business enterprises industrial projects abroad, especially with regard to complex and risky environment. The strategic role of these public agencies (SACE and SIMEST) make them more exposed to the risk of being associated or linked with human rights infringement: they both apply the OECD Recommendation on Common Approaches and Environmental Due Diligence and conduct risk analysis on environmental and social impact in their operations.

Planned Measures

[page 22]

  • Strengthen the implementation of socially responsible public procurement rules by adopting a comprehensive framework of reference for bidders coordinated by A.N.AC and covering: … environment …

Guding Principle 27

[page 28]

… Italy also supports respect for human rights within the UNEP rights-based approach to environmental protection and sustainable development. Italy has implemented Principle 10 of Rio 1992 ratifying the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters …

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