NL – equality, 2nd NAP

ACTION POINTS PILLAR 1	Aim	Responsible party	Timeline
Combating Abuse of Migrant Workers
Implement report by Migrant Worker Protection Task Force.	Prevent abuse of migrant workers.	SZW (coordinating ministry); Interministerial Project Team on Migrant Workers leads and monitor	Annual report on EU labour migration to House of Representatives, reporting on progress on the various recommendations, each with its own timeline
Modernise article 273f of the Criminal Code.	Improve prosecution of perpetrators.	J&V (coordinating ministry for whole of article 273f); SZW responsible for tackling labour exploitation	The House of Representatives will be informed in the summer of 2022

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Pillar I

Combating labour market discrimination

“The NBA refers to the National Action Plan on Labour Market Discrimination as an example of the broader integration of the UNGPs into policy instruments. The Action Plan on Labour Market Discrimination was presented in 2018 and included a range of activities aimed at combating this discrimination. These included activities focusing on improved monitoring and enforcement, on research and on raising awareness among and communication to employers and employees. Combating discrimination in the recruitment and selection of trainees is also part of the approach. This action plan ran until 2021 and is being replaced in 2022 with a new Action Plan on Labour Market Discrimination. Any follow-up activities aimed at combating labour market discrimination will, as appropriate, refer to business and human rights frameworks such as the UNGPs and the OECD Guidelines for Multinational Enterprises as well as the ILO’s Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy. Consideration will also be given to which activities, such as legislation, research or communication, are suitable to refer to.” p. 29.

ACTION POINTS PILLAR 1	Aim	Responsible party	Timeline
Combating labour market discrimination
Refer where appropriate to relevant business and human rights frameworks – the UNGPs and OECD Guidelines – in any follow-up activities aimed at combating labour or labour market discrimination (e.g., legislation, research or communication).	Integrate relevant international frameworks and action plans.	SZW	From 2022
Draw up an Action Plan on Labour Market Discrimination referring where relevant to the UNGPs and OECD Guidelines.	Integrate relevant international frameworks and action plans.	SZW	2022

p. 30

Development cooperation

Sustainable trade with and investment in developing countries

“Development cooperation policy on business and human rights focuses on improving the sustainability of production and international value chains in and with developing countries in a way that helps reduce poverty and inequality. To this end it is important that a) the interests and specific situation of the developing countries in question are taken into account when designing measures aimed at making trade and investments more sustainable, and b) developing countries are supported in the transition required to meet these commitments to inclusive, green economic development.

The interests and specific circumstances of developing countries must be taken into account when drafting national, European and international agreements aimed at improving the sustainability of trade and investments. Examples include developing standards on deforestation and the climate, the circular economy, land use rights, labour, foreign trade and investments and RBC. The cornerstone of this is to determine the development impact of efforts to make trade and investment more sustainable, especially the impact on vulnerable groups such as indigenous peoples, small-scale producers, workers and agricultural labourers, with a particular focus on women and young people. This should reinforce the efforts’ positive effects and, as far as possible, prevent and mitigate any negative side effects. Developing countries receive several forms of support. First, bilateral and EU- and World Bank-led discussions take place with governments in developing countries about the transition towards greater sustainability, and ways of reducing poverty and inequality in the course of this transition. Second, Dutch civil society organisations such as trade unions and employers’ organisations receive funding to, on the one hand, strengthen sister organisations in developing countries (for example through dialogue with other local stakeholders) and, on the other, to advocate at international level the interests of, in particular, small-scale producers and workers. Third, a range of Dutch and international implementing organisations make efforts to improve the business climate and supplementary government policy in developing countries, focusing particularly on SME producers as the ones playing the most significant role in poverty alleviation. Examples include providing access to financial services, improving infrastructure and building capacity for entrepreneurs and their trade associations. Fourth, efforts are made to increase the sustainability of international value chains by working jointly with businesses, civil society organisations and other levels of government on improved procurement practices and new revenue models with a focus on work, a living wage and income, land rights and land use and the elimination of child labour.” pp. 46 and 48.

Pillar III

Improving the provision of information to affected parties

“The government will produce an accessible digital guide describing the judicial and non-judicial remedies available to parties abroad who have been affected by Dutch companies (through their international supply chains). This guide will clearly describe the possibilities for initiating a judicial or non-judicial process and what support, such as legal aid, is available. The guide can follow Germany’s example. In response to consultations, the guide will where possible take account of the additional hurdles faced by marginalised groups and unequal power relationships. This will include a gender perspective.” p. 63.