In addition to the general recommendations of international human rights bodies, in 2017 the Working Group on the issue of human rights and transnational corporations and other business enterprises of the United Nations (UN) visited the country. This recognized the political will of the Peruvian government to implement the Guiding Principles and warned of the benefits of the development of a NAP on the subject for greater coherence in public policies, as well as for the protection and guarantee of human rights. – page 8
the State adopted the third National Human Rights Plan (PNDH) 2018-2021, which incorporated in Strategic Guideline No. 5 the implementation of international standards on business and human rights, with the objective of: “Ensuring that public and private companies res- pect human rights in their scope of action”. In accordance with the current regulatory and public policy framework, the Executive Branch then proposed to promote the progressive implementation of the Guiding Principles and other related international instruments, through the elaboration of a NAP on Business and Human Rights. Thus, the incorporation of the NAP as a public policy objective within the NHRP 2018-2021 welcomes the recommendations provided by the Working Group on the issue of human rights and transnational corporations and other business enterprises during its visit, conveyed during the Universal Periodic Review (UPR) and by other international human rights protection bodies. – page 9
CHAPTER III: DIAGNOSIS AND BASELINE: ACTION AREAS
3.1. General conclusions of the diagnosis and baseline
One of the main tasks to be carried out by the State through the implementation of the NAP -but in general, of all its public policies, in line with the fulfillment of its duty of coherence- is to contribute to the strengthening of its entities through regulatory improvements that ensure their proper functioning, strengthening the capacities of its managers and members, ensuring their equal participation in the implementation, follow-up, monitoring, and evaluation of public policy on business and human rights and RBCs, with emphasis on empowering the leadership of women and members of other vulnerable groups. – page 41
Transparency, integrity, and fight against corruption
In recent years, the conviction has been established that corruption cuts across different areas and has a direct and unacceptable impact on human rights. For this reason, the State has signed the main treaties on the subject, which it has been implementing in its internal regulations through a Natio- nal Policy and a National Integrity and Anti-Corruption Plan. – page 43
It is necessary to strengthen the dissemination of the problem and the scope of the prevention and eradication of forced labor, as well as the implementation of the national policy that contributes to address this public problem (III National Plan to Combat Forced Labor 2019-2022), in charge of the MTPE. – page 45
Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050
It should be noted that the PNA 2021-2025 is approved in implementation of Guideline No. 5 of the National Human Rights Plan 2018-2021, whose validity ends in December of this year. In this regard, in accordance with the regulations of the National Planning System, the NAP will be integrated as part of the future National Human Rights Policy 2022-2030, whose elaboration process in accordan- ce with its stewardship, is also in charge of the General Directorate of Human Rights. – page 55
Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment. Objective No. 1: Promote regulatory actions to prevent human rights violations in the corporate sphere
Action: Promote capacity building on GP-RBC between the Ombudsman’s Office, the National Contact Point, and other national agencies.
Background: In order to strengthen the coherence of public policies in the area of GP-RBC, it is important to generate the articulation of different public entities. In this sense, the work of the National Contact Point would be strengthened through synergies with the Ombudsman’s Office and other additional agencies, which could also strengthen the fulfillment of its functions. – page 68
Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment.
Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.
Action: Expressly incorporate the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning in the next National Environmental Action Plan and the National Environmental Policy.
Background: The issues of climate change, biological diversity, and environmental land-use planning should be expressly associated with the issue of business and human rights. In this way, related public policy measures would encourage companies to take into account the issues arising from these issues in their due diligence processes throughout the supply chain and address negative environmental risks and impacts. Although climate change, biodiversity, and environmental land use planning are topics addressed in the National Environmental Action Plan 2011-2021 and the National Environmental Policy, it would be appropriate to incorporate the GP-RBC approach in the next public policy of this nature.
Indicator: National Environmental Action Plan, including or expressly contemplating the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning. National Environmental Action Plan, including or expressly contemplating the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning. – page 85
Action: Guarantee equal access to work and work performance for LGBTI people.
Background: It is important to articulate collaborative actions that allow the progressive implementation of a culture of respect towards LGBTI people, which will have a significant impact on the sustained reduction of discrimination in society and, in particular, in the field of business activities.
Indicator: Formulation of affirmative actions in favor of LGBTI persons to be incorporated into the Sectoral Plan for Non-Discrimination and Equal Opportunities in the Workplace. Target (2022): Sectoral plan for non-discrimination and equal opportunities of the MTPE that incorporates affirmative actions in favor of LGBTI people. – page 102
CHAPTER V: IMPLEMENTATION, MONITORING, EVALUATION, AND UPDATING OF THE NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS
5.3. Phases of implementation of the mechanism for the follow-up, evaluation, and updating of the NAP 2021-2025
Table 9. Phase I: Structure of the follow-up, evaluation, and updating mechanism
Definition of program and indicator data sheets: A matrix will be developed that identifies the recommendations of the UN System’s human rights mechanisms, including the UPR, the goals of the 2030 Agenda, as well as the recommendations of the OECD, the Inter-American System, and their linkage with the NAP indicators. – page 129