Colombia

V. Human Rights Due Diligence

Defining the concept and guiding through effective implementation mechanisms [page 16]

Due diligence is understood as the set of measures systematically implemented by an enterprise acting cautiously, to fulfill its respect for human rights duty, considering the specific circumstances according to the activity, operation context, scope and similar factors. Since this is a concept to be interpreted in each case as an appropriate response to the risks of impacts on human rights by the business activities, the State must determine how companies are expected to act so they can execute human rights due diligence. Thus, it will encourage the development of mechanisms and tools allowing for the practical implementation by business and public entities of the human rights due diligence. The entities must act as follows:

5.1 The Task Force will coordinate the preparation of a guide intended to define what executing due diligence means; what the practice is, particularly applied to the high risk business activity sectors.

5.2 The State entities with the highest procurement volume will determine and implement due diligence mechanisms in their own procurement processes.

5.3 Promote the implementation of the United Nations Guiding Principles and other international standards on business and human rights by the trades and the enterprises part thereof, so they may adopt human rights policies. Thus, during the first year of the execution of this Plan, the Council to the President for Human Rights will convene high level meetings with the trades to determine the inclusion goals in the multi-actor initiatives and human rights performance follow-up mechanisms. These actions must be coordinated with the entities of the Task Force, especially with the Ministry of Commerce, Industry and Tourism and in cooperation with the Direction of Post-conflict.

5.4 The Council to the President for Human Rights and the Ministry of National Defense will encourage the implementation of the Voluntary Principles on Security and Human Rights. To that end, they will alternately engage in the areas where such issue is treated.

5.5 Develop a guide on the increasing human rights risks of the business activities in zones historically affected by the armed conflict. Thus, the Council to the President for Human Rights and the Direction of Post-conflict will coordinate with the Comprehensive Conflict Prevention and Management System the development of such guide, which must be worked upon in a participatory manner with the enterprises and the civil society.

According to the provided period to create the Comprehensive Conflict Prevention and Management System, this action must be carried out within the year following the coming into operation of such system.

5.6 The Ministry of Commerce, Industry and Tourism will promote the business efforts to adjust their policies to the OECD Guidelines for Multinational Enterprises, for which purposes it will assess, within six month from the execution of this Plan, its strategy to disseminate the Guidelines so as to make them widely known.

5.7 The Task Force will assess and analyze the formulae for enterprises to include the reporting of the human rights due diligence in their Sustainability Reports or rendering of accounts. Such assessment will be carried out within the year following the launching of this Plan and accompanied by the several sectors.

VII. Corporate Human Rights Due Diligence [page 19]

7.1 The Task Force, advised by the Expert Committee, will encourage talk fora to determine the best formulae for enterprises to establish easy-to-access, transparent and effective complaint and claims offices or mechanisms for prevention and mitigation and remedy of adverse human rights effects as may be caused by their activities.

7.2 The Ministry of Commerce, Industry and Tourism will encourage large enterprises to foster and boost their human rights support and guidance efforts for such SME they have business relationships with.

7.3 The Ministry of Labor will guarantee respect for the labor rights.

7.4 The Ministry of Commerce, Industry and Tourism will encourage business enterprises to foster talks with consumers.

7.5 The Office of the Transparency Secretary of the Presidency of Republic will support the adoption of transparency covenants by enterprises so as to contribute to the corruption struggles in corporate governments, for which purposes a year will be given upon the Plan launching.

7.6 The Task Force will tend towards enterprises, through their complaint offices, receiving and diligently managing the citizen and community claims, as considered to be affected by the adverse effects caused by their operations.

7.7 The Task Force, advised by the Expert Commission, will encourage companies to have follow-up Strategies in place to know about the progress and follow-up to the mitigation of adverse impacts caused by the development of business activities.

7.8T he Task Force, advised by the Expert Commission, will encourage business enterprises to assess their risks and impacts on people and the environment as a result of their operation.