Luxembourg – OECD NCPs

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.13. Strengthening links between the Business and Human Rights WG and the National Contact Point (NCP) for the implementation of the OECD Guidelines for Multinational Enterprises

 

Context

The commentary on the Guidelines’ implementation procedures for multinational enterprises indicates that NCPs may, inter alia, set up advisory, monitoring or support bodies etc. to assist them in their tasks (para. 11).

The advisory body can accompany and even advise the NCP on how to solve problems and take decisions. Such advisory bodies already exist in some countries that have established an NCP.

In the light of the baseline study, the NCP could consider the establishment of an advisory body and the modalities of its involvement.

In addition, Luxembourg has requested to be subject to the Peer Review of National Contact Points, coordinated by the OECD, by 2022.

 

Objectively verifiable indicators	×        NAP 1
Verification sources	×        NAP 1 Implementation Report ×        Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results	×    Consider the contribution of an advisory or supporting body at the OECD NCP level ×    Regular exchanges between the NCP and members of the Business and Human Rights Working Group [GT « Entreprises et droits de l’Homme »]
Implementation timeline	Duration of NAP 2
Means of implementation	×      NCP, MECO (ministry of Economy), MAEE (Ministry of Foreign and European Affairs), MINFIN (Ministry of Finance), and even other departments if necessary

 

(…)

3. The need to define remedies for victims of human rights abuses

3.1. 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.