Switzerland
4. Position of the Federal Council on the UN Guiding Principles on Business and Human Rights
4.1 In general [page 5]
The federal government provided both financial and substantial support to the drafting of the UN Guiding Principles on Business and Human Rights.
5. National Action Plan on Business and Human Rights
5.7 Pillar 1: state duty to protect
5.7.2 Operational principles: legislative and information policy measures [page 18]
Guiding Principle 3
PI8 Guidelines for business enterprises on implementing the UNGP
(…) “In the financial sector, SECO is supporting the OECD with the drafting of guidance on due diligence in this industry. Planned for the end of 2017, one of the objectives of the guidance is to support financial institutions in Switzerland to mitigate the negative impacts of their business activities on the environment on society around the world, including developing countries. The work is being supported by an advisory group of representatives of the federal government (SECO), industry (UBS), civil society (Public Eye [formerly the Berne Declaration] and the University of Zurich).
In the agricultural and food sector, the Federal Office for Agriculture (FOAG) and the Swiss Agency for Development and Cooperation (SDC), as well as the Committee on World Food Security, the UN FAO and the OECD are supporting the formulation of Principles for Responsible Investment in Agriculture and Food Systems, as well as the OECD-FAO Guidance for Responsible Agricultural Supply Chains. Both instruments stress the important role that business has to play in responsible investment, and offer relevant guidance on action. Switzerland will also actively support their implementation.”
5.7 Pillar 1: state duty to protect [page 32]
Guiding Principle 10
According to Guiding Principle 10, the federal government should play a part in ensuring that multilateral institutions take an active and consistent approach to the issue of business and human rights.
Creating and promoting international standards, and thereby levelling the playing field in this area, is a major priority for the Federal Council. It is a cause it campaigns for actively within multilateral institutions.
The federal government will employ the following policy instruments (PI) to implement Guiding Principle 10:
PI36 UN Working Group on Business and Human Rights and the Office of the UN High Commissioner for Human Rights
The UN Working Group on Business and Human Rights and the Office of the UN High Commissioner for Human Rights have a mandate to further the implementation of the UNGP95. Among their other activities, they are committed to ensuring that States implement the UNGP at the national level, and that the UNGP become an integral part of other international organisations and instruments.
The Federal Council regards the UN Working Group on Business and Human Rights as an important body through which to promote the implementation of the UNGP. It will maintain its political and financial support for the UN Working Group and the annual UN Forum on Business and Human Rights in Geneva. During the reporting period it will make an additional contribution to promote National Action Plans around the world.
PI37 Negotiation of a legally binding international convention on human rights and transnational business enterprises
In June 2014, the UN Human Rights Council passed a resolution to set up an intergovernmental working group to draft a legally binding convention on business and human rights96. The group held a first round of negotiations in July 2015, followed by a second round in October 2016.
The Federal Council is committed on principle to closing genuine gaps in international law and to strengthening the enforcement of human rights. It nonetheless takes a critical view of the growing density of colliding norms as the international law regime expands. The Federal Council doubts that a new and binding convention in line with the parameters currently under discussion would significantly improve protection against human rights abuses by business enterprises. Specifically, it takes the view that limiting any treaty to companies active internationally will not have the desired effect. Switzerland will nonetheless continue to observe the negotiating process, and will coordinate its actions with like-minded States.
PI38 Examination of business and human rights issues as part of the UN Human Rights Council Universal Periodic Review
The Universal Periodic Review (UPR) is an important multilateral instrument by which to strengthen the implementation of the UNGP. It is a peer review mechanism in which States on the UN Human Rights Council comment on the human rights situation in each other’s jurisdictions, and offer recommendations.
In its interventions on the human rights situation in other States, Switzerland has repeatedly pointed out the lack of protection against human rights abuses committed by business enterprises and other parties.
Switzerland will present an account of its activities in the business and human rights sphere in its reporting in the third round of the UPR in 2017. It will also include business and human rights issues more prominently in its remarks on the human rights situation in other States.
PI39 Examination of business and human rights in other review procedures for international law
Switzerland will include business and human rights appropriately in its periodic reports on the implementation of international conventions, such as the Convention on the Rights of the Child, and the Convention on the Elimination of all Forms of Discrimination Against Women.
PI40 Coordination between multilateral organisations
The integration of the UNGP in the processes and guidelines of a range of multilateral organisations is an important catalyst to their effect. Switzerland works within the relevant bodies to achieve greater cooperation and consistency between multilateral organisations. Examples include its engagement in the International Labour Organization (ILO) for social partnership at the international level, and in the World Trade Organization (WTO) for the ILO to have observer status within the WTO in the interests of closer cooperation between the two organisations.
A further example is support and funding for joint projects between the ILO and the United Nations Industrial Development Organization (UNIDO) in developing countries. The Federal Council will continue to pursue its strategy in the ILO.
PI41 The standards and control mechanisms of the ILO
The ILO has a reporting, representation and complaint system to monitor compliance with international labour standards (conventions). Within this system, complaints are heard by an independent, international tripartite body. In 2013, the federal government and its social partners adopted a strategy for Switzerland’s engagement in the ILO that enables it to promote social justice. . This strategy has three main areas of focus: engagement to strengthen the ILO, the credible application and promotion of ILO norms and standards in Switzerland, and support for decent work around the world.
The Federal Council takes a proactive approach to the drafting and adoption of international labour standards, and continually reviews the possibility of ratifying conventions. The federal government ensures that ILO norms are applied. It also endeavours to exert greater influence and to encourage the implementation of fundamental ILO standards by raising awareness among social partners and the general public about social standards and their relevance.
PI42 Activities of the UN Special Rapporteur on trafficking in persons
Switzerland supports the independent policy dialogue being conducted by the UN Special Rapporteur on trafficking in persons, in order to prevent the risk of human trafficking in value chains. The objective is to improve consistency and synergies between the human rights-based fight against human trafficking and the UNGP. Among other approaches, the private sector is being involved in work to develop recommendations.
PI43 Council of Europe action to implement the UNGP
The Council of Europe is an appropriate multilateral body to draw up transnational human rights standards. On 16 April 2014, its Committee of Ministers adopted a declaration containing recommendations on the implementation of the UNGP for member states99.
Switzerland played an active part in this work. In particular, the Swiss delegation supported the proposal that the Council of Europe maintain consistency with the UNGP, and seek solutions to enable victims to obtain remediation more easily. By implementing its NAP, Switzerland is also implementing the corresponding Council of Europe recommendations.
PI44 Action on business and human rights within the World Tourism Organization
The World Tourism Organization (UNWTO) plays a key part in implementing the UNGP in the tourism sector. Worthy of particular mention here is the Global Code of Ethics for Tourism, which acknowledges respect for human rights as a fundamental principle100. Efforts are currently ongoing within the UNWTO to transform the Global Code of Ethics into an international convention on ethics in tourism. Furthermore, tourism has the potential to contribute directly or indirectly to the achievement of the UN’s 17 Sustainable Development Goals. At its General Assembly in 2015, the UN declared 2017 to be the International Year of Sustainable Tourism for Development, and instructed UNWTO to organise a programme of relevant activities.
As a member of the UNWTO, the federal government works to ensure that the organisation actively promotes the implementation of the UNGP in the tourism sector. Switzerland is also on the management committee for the International Year of Sustainable Tourism for Development 2017. It is also working with Germany and Austria to produce a German translation of the UNWTO brochure on the contribution that tourism can make towards the UN’s 17 Sustainable Development Goals.