NL – Guidance to business, 2nd NAP

Pillar I

Private-sector instruments

“…The Ministry of Economic Affairs and Climate Policy encourages businesses through its instruments to adopt RBC, in four key ways. It: 1) provides information about RBC, 2) gives advice about various RBC risks and how to deal with them, 3) assesses whether a company conducts its business in line with the UNGPs/OECD Guidelines and, 4) in the course of a support programme, monitors how a business deals with RBC risks.” p. 35.

Including ‘business and human rights’ in the Netherlands’ foreign policy

Integrating responsibilities in conflict areas and fragile states into policy

“The Netherlands is committed to collaborating with other donors and organisations in making joint analyses which include a gender dimension. An example here is Dutch investment in the International Finance Corporation’s (IFC) Conflict Affected States in Africa (CASA) initiative. A conflict-sensitive approach to private sector development was central in the 13 fragile states in which this IFC project was implemented. …

The Ministry of Foreign Affairs has drawn up conflict sensitivity guidelines for private sector development for its staff in The Hague and at its embassies around the world as well as for employees of implementing partners, with the aim of making conflict sensitivity a cross-cutting component of Dutch foreign policy. The guidelines explain the possible context-specific risks and responsibilities of conducting business in conflict-sensitive regions. Conflict-sensitive policy requires the early identification of conflict and instability risks (early warning) so that these can be addressed in a timely manner (early action). The involvement of local stakeholders is advisable here.

In discussions with responsible ministries and exploratory consultations with stakeholders on the NAP focus areas an effort was made to determine whether Dutch businesses need additional mechanisms when conducting business in conflict areas. These discussions generated insufficient information to conclude that there is a need for additional mechanisms. The topic was therefore raised again during national stakeholder consultations. The results indicated that communication about existing mechanisms within government as well as with the business community needs to be improved and that businesses require conflict sensitivity guidelines. The government guidelines will, when applicable, be addressed in embassies’ Multiannual Country Strategies, with implementing organisations and in dialogue with the Dutch business community in order to improve the integration of conflict sensitivity into Dutch foreign policy. Furthermore, conflict sensitivity guidelines for the Dutch business community will be drawn up in collaboration with companies, NGOs and implementing organisations, with an additional focus on Dutch SMEs. These guidelines can be used to carry out the contextual analyses that businesses need to complete before doing business in such areas. As noted in chapter 2 of this NAP, businesses and implementing organisations share this responsibility with governments. Businesses are thus likewise expected to assume responsibility, especially in relation to conflict areas and fragile states.

The RBC support office for Dutch businesses abroad can provide a means of disseminating the forthcoming conflict sensitivity guidelines for the business community more widely.” pp 43 and 44.

Pillar II

RBC support office

“The new RBC support office will form a one-stop shop for RBC policy by supporting all businesses, including those that do not (as yet) fall under the scope of current legislation, in their application of due diligence. In addition to its informative role, other instruments such as grants can also be entrusted to the support office. The support office can provide resources to businesses and promote knowledge exchange between businesses and the embassy network. Services offered by the RBC support office may include:

 • Supporting businesses in the implementation of the OECD Guidelines and the UNGPs, including providing information and guidance through the different steps of the due diligence process.

 • Offering and providing risk-specific knowledge and expertise, for example about major RBC risks such as the right to form trade unions and bargain collectively, a living wage, combating child labour and gender-related risks, or about RBC risks in specific sectors or geographic regions.

The support office must prevent the fragmentation of services and help reduce the administrative burden for businesses. Although the support centre as a central point of contact is new, many of the services it brings together are not. Knowledge built up in recent years by organisations such as RVO, the SER, the National Contact Point for the OECD Guidelines (NCP), the Sustainable Trade Initiative (IDH) and MVO Nederland can be made available through the RBC support office. Specific training programmes and other targeted solutions can be developed on the basis of developments in the types of issues that businesses are concerned about. The support office’s approach will also include proactively sharing lessons learned and new developments so that individual businesses do not have to constantly reinvent the wheel. RVO will act as the support office’s implementing partner.” Pp 59 and 60.

ACTION POINTS PILLAR II	Aim	Responsible party	Timeline
RBC Support Office
Define the frameworks for sector-wide cooperation as part of the RBC policy mix.	Support sector-wide cooperation in order to apply due diligence.	BZ	March-August 2022
Set up RBC Support office	Support businesses in their application of due diligence	RVO	From september 2022

p. 60.

Pillar III

Improving the provision of information to businesses

“Over the past few years the government has contributed in several ways to improving the provision of information to businesses about access to remedy. The launch of the www.startmetoesorichtlijnen.nl website is an example of how businesses are informed about their responsibility to provide remedy within their due diligence processes. Likewise, government has in recent years worked closely with businesses and civil society organisations on RBC agreements. With its responsibility to inform, the Dutch National Contact Point (NCP) for the OECD Guidelines has also contributed to these efforts. A number of RBC agreements have further elaborated on access to remedy.

The Dutch Banking Sector Agreement, for example, has investigated the role of financial institutions in offering remedy, and the Sustainable Clothing and Textile Agreement has set up an independent joint complaints mechanism. At the same time many companies are still struggling with the question of how exactly to offer remedy for possible human rights violations deeper in their value chains. It is not always clear how to deal with this, especially, for example, if the business in the Netherlands is just one of the buyers of a product or raw material. The government is therefore making efforts to improve the access of Dutch businesses to existing knowledge and information about the implementation of due diligence. The planned RBC support office (see also Pillar 2) will help businesses, including SMEs, implement the OECD Guidelines and the UNGPs. Information about access to remedy is one of the services the support office can offer.

Moreover, the Fund for Responsible Business (an RVO scheme) is collating experiences on setting up a complaints mechanism and on offering remedy. The aim is to make tangible the practical steps businesses can take to set up complaints and dispute mechanisms. These positive examples and practical tips will be shared with other businesses and interested parties, with the RBC support office possibly playing a role.” pp 64 and 65.

ACTION POINTS PILLAR 3	Aim	Responsible party	Timeline
Improving information provision to businesses on remedy
Include access to remedy in the information offered by the RBC support office (see Pillar 2).	Collect and make available information on access to remedy.	BZ	From September 2022

p.66.