Finland

By Daniel Morris | 27. November 2017

Government covering note on the UN Guiding Principles on Business and Human Rights National Action Plan [page 5]

Promotion of human rights at the centre of Finnish policies

In addition to the above-mentioned, Finland will actively promote human rights and the implementation and strengthening of human rights norms, at both the national and international level. The working group report offers a comprehensive description of the channels and means employed.

1. The state obligation to protect human rights

1.2 Activities in international organisations [page 14]

Finland promotes the realisation of human rights and greater awareness of human rights as part of business activities by influencing the operations of the international organisations of which Finland is member or those activities Finland otherwise supports or funds. As for human rights questions related to business activities, the key operators include the human rights bodies of intergovernmental organisations (such as the UN Human Rights Council, the Council of Europe, and international and regional convention control bodies and tribunals), organisations related to trade, funding and investment, and working life (such as international financial institutions for development, e.g. the World Bank and regional development banks), dsdthe special UN organisations and programmes (UNIDO, UNDP, UNCTAD), the Organisation for Economic Co-operation and Development (OECD), the International Labour organisation (ILO) and the World Trade Organisation (WTO). Many other international organisations also have activities relevant to this theme, which Finland may use for promoting human rights.

Generally, Finland supports the mutual dialogue between international organisations and their cooperation on human rights issues to increase coherence. The Ministry for Foreign Affairs has used development cooperation funds to finance actions related to features such as rights at work, the economic empowerment of women, and decent work.

The efforts for the implementation and development of the UN principles will continue within the intergovernmental organisations in whose work Finland is involved. The UN Office of the High Commissioner for Human Rights (OHCHR) has commissioned a report4 dealing with the improvement of legal protection for victims of human rights violations related to business activities.

It has been suggested within the UN Human Rights Council that a convention on the human rights liabilities of companies be made between governments, but Finland has not recommended this. In international human rights bodies, Finland has emphasized development related to due diligence.

As a follow-up measure, the working group proposes that

  • Finland support the observance and implementation of the Guiding Principles on Business and Human Rights approved by the UN Human Rights Council and participate in a discussion on further developing the norms. Finland shall participate in the UN Business and Human Rights forums and support the work of the working group related to the UN principles.
  • Depending on the situation, Finland utilizes the universal periodic review (UPR) of the human rights situation in the UN Human Rights Council states. In this review, questions may be asked and recommendations on the implementation of the guiding principles may be given to the states examined.
  • Finland shall bring forward questions related to human rights in international trade and development organisations and direct its support to programs related to business and human rights as part of Finland’s support to international trade and development organisations.
  • Finland supports the cooperation and discussion with the WTO and other essential international organisations such as ILO or WIPO (World Intellectual Property Organisation), carried out within the framework of the WTO Coherence Mandate.
  • Finland participates and actively influences the work related to human rights and CSR questions that is carried out in the OECD, for instance, by being involved in drafting and updating guidelines, templates and recommendations related to the subject. Finland shall support and participate in the update of the OECD Policy Framework for Investment.
  • Finland participates in the development of UN’s cooperation with business and supports features such as the Global Compact CSR initiative.
  • Finland shall be actively involved in the Council of Europe working group for business activities and human rights and shall continue to influence its activities based on human rights in order to create non-binding European instruments.
  • Finland shall report to the UN Committee on the Rights of the Child on the implementation of the recommendation by the Committee on Business. In addition, the UN Committee on the Rights of the Child General Comment No. 16 on State obligations regarding the impact of the business sector on children’s rights shall be translated into Finnish and Swedish, and a summarised introduction to its contents shall be made for distribution to entities such as companies.
  • Finland will continue the dialogue related to the human rights impacts of business activities with the UN bodies for indigenous peoples and ensure that the effects of business activities on the realisation of the rights of indigenous peoples will be brought forward in the World Conference on Indigenous Peoples in autumn 2014.
  • Finland regards the human rights foundation (provisions on human rights and human rights principles) as a starting point for all development goals, also in the UN post-2015 development agenda. The goals shall also apply to national and private business activities to the extent to which businesses are involved in reaching the goals.
  • Finland supports and more strategically uses the systems and work previously carried out in ILO and shall be involved in their further development. Principal responsible parties: Ministry for Foreign Affairs and Ministry of Employment and the Economy, continuous activities.”

1. The state obligation to protect human rights

1. 3 Activities in the EU [page 16]

Promotion of Corporate Social Responsibility

In 2011, the European Commission published a communication on corporate social responsibility (CSR) describing work related to CSR within the EU. In its communication, the Commission expressed the wish that the member states prepare national implementation plans for the UN principles. The guiding effect of the Commission communication is rather limited, but it is supported by the Commission’s high-level CSR group, which is an important forum for the exchange of information and experiences among the member states. Finland is actively involved in the group’s work.

4. Access of victims of human rights violations to legal remedies [page 31]

“As a follow-up measure, the working group proposes that

  • Finland participate in the discussion on developing legal remedies carried out in the Office of the High Commissioner for Human Rights and the Human Rights Council.
  • Finland support non-governmental organisations, which follow human rights issues related to business activities and support the victims of human rights violations.

Principal responsible party: Ministry for Foreign Affairs, continuous activities.