Luxembourg – Guidance to business
Part II: Specific objectives of the National Action Plan 2020-2022
1. The state duty to protect human rights
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1.3. Training on “Business and Human Rights” matters for jurists
Context
The legal professions are important potential multipliers for informing and raising awareness on the topic of “Business and Human Rights”. The very positive experience of the cooperation with the Luxembourg Bar in preparation for and during the 2019 Annual Congress of the Union Internationale des Avocats (UIA) in Luxembourg and the central place reserved on this occasion for the topic “Business and Human Rights” constitute a solid basis for future collaboration in this field.
| Objectively verifiable indicators | – Benchmark: National Baseline Assessment (NBA) [Etude de base]
– Available training courses – Number of jurists participating in training courses |
| Verification sources | × Barreau
× Magistrature / Parquet × Uni.lu (University of Luxembourg) × House of Training × INAP (Institut national d’administration publique) |
| Expected results | × Better understanding of the UN Guiding Principles on Business and Human Rights
× Improved consultancy capabilities for companies × Improved capacity to mediate in cases of human rights violations |
| Implementation timeline | Duration of NAP 2 |
| Means of implementation | × MAEE (Ministry of Foreign and European Affairs) / Ministry of Justice
× Parties identified as verification sources (see above) |
2. The corporate responsibility to respect human rights
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2.3. Awareness raising and training of companies on “Business and Human Rights”
Context
In order to be able to implement the UN Guiding Principles in their organisations and throughout their value chains, and to recognise the benefits of respecting human rights, companies need to be aware of what is expected of them and the means and opportunities available.
| Objectively verifiable indicators | × Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]
× Economy Barometer [Baromètre de l’economie] × Training courses provided by House of Training, IMS – Fairtrade and ASTM, Finance & Human Rights asbl × A number of companies subscribing to the National Business and Human Rights Pact |
| Verification sources | × UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]
× House of Training × Training courses IMS – Fairtrade and ASTM × Employers’ chamber [Chambre des salariés] × Human Rights Working Group [GT « Entreprises et droits de l’Homme »] |
| Expected results | × Better understanding of the Guiding Principles and human rights issues in business |
| Implementation timeline | Duration of NAP 2 |
| Means of implementation | × UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]
× House of Training, IMS – Fairtrade and ASTM, Finance & Human Rights asbl × Employers’ chamber [Chambre des salariés] × Specialised NGOs (notably UNICEF and Droits des enfants et principes commerciaux) × Consultants |
2.4. Finalisation and implementation of the National Business and Human Rights Pact
Context
The National Business and Human Rights Pact is one of the concrete flagship actions of NAP 1. A sub-working group has put a lot of effort into the implementation of the National Pact.
Further effort is needed to finalise the process of assessing the annual reports that participating companies are required to submit on the implementation of the Guidelines in their organisations and throughout their economic value chains.
| Objectively verifiable indicators | × Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]
× Text of the National Pact on Business and Human Rights × Review of the effectiveness of the instrument in 2022 |
| Verification sources | × MAEE (Ministry of Foreign and European Affairs)
× UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises] × Initiative for the duty of care [Initiative pour un devoir de vigilance] |
| Expected results | × Critical mass of companies subscribing to the National Pact
× Annual reports on the implementation of the Guidelines submitted to the Business and Human Rights Working Group × Evaluation of annual reports × Recommendations to companies |
| Implementation timeline | – 1st phase:
▪ Operational website ▪ Communication campaign ▪ Prospecting ▪ Launch – 2nd phase: (as soon as possible) signing of the National Pact – 3rd phase: 2020, training and implementation of due diligence processes in companies – 4th phase: (March 2021) submission of first annual reports – 5th phase: (between March and July 2021) evaluation of the first annual reports |
| Means of implementation | – MAEE (Ministry of Foreign and European Affairs)
– Ministry of Economy – UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises] – Companies – IMS – Business and Human Rights Working Group – External Consultant |
3. The need to define remedies for victims of human rights abuses
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3.3. Mapping of judicial and non-judicial, public and private remedies for human rights violations
Context
This includes, among other things and beyond judicial remedies, taking stock of non-judicial public and corporate remedies, strengthening OECD-NCP relations with civil society and providing appropriate training on available remedies to corporate human rights focal points.
| Objectively verifiable indicators | × Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base] |
| Verification sources | – Laws and regulations
– Recommended practices – Exchanges with the NCP – Identification of good practices and possible gaps |
| Expected results | × Increasing the number and adapting to the needs of the remedies
× Information on the remedies available × Discussion on the usefulness of class actions for the implementation of the Guidelines, especially in view of the provisions of the Coalition Agreement in this context |
| Implementation timeline | Duration of NAP 2 |
| Means of implementation | – MAEE (Ministry of Foreign and European Affairs)
– Ministry of Justice – Public and private mediation bodies – Business and Human Rights Working Group |
The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.