Switzerland
4. Position of the Federal Council on the UN Guiding Principles on Business and Human Rights
4.2 The Swiss context [page 6-7]
Swiss companies are viewed worldwide as pioneers in the development of the global market and the creation of jobs and welfare. Many of these believe that respect for human rights is of strategic importance to their operations (in terms of, for example, competitive advantage, market positioning, greater productivity and avoiding reputational risks). Nowadays, increasing numbers of business enterprises are fulfilling their human rights responsibilities in a conscious way. Both business enterprises and civil society stakeholder groups are supporting and furthering respect for human rights with a wide range of programmes. Indeed, respect for human rights forms an integral part of many companies’ corporate social responsibility (CSR) activities. A further example is the discussion paper on the implementation of the UN Guiding Principles on Business and Human Rights in the banking sector published by the Thun Group of Banks, a group of international full-service banks. Representatives of civil society play an active part in the Roundtable on Human Rights in Tourism. Umbrella business associations are also keeping active track of the human rights issue, are committing themselves to the UNGP, and are ready to engage in dialogue. In doing so, they are making a major contribution to the implementation of the UNGP8 . The Federal Council acknowledges these achievements.
Responsible corporate conduct throughout the value chain is becoming increasingly important to many consumers in Switzerland. Many Swiss companies are currently having to tackle a large number of challenges simultaneously: securing their competitiveness on the international markets, against the backdrop of the strong franc and the implementation of Corporate Tax Reform III and the Mass Immigration Initiative, investing in new technologies and human resources, and creating decent, well-qualified jobs in Switzerland and the wider world. With this in mind, the Federal Council can support SMEs in fulfilling their corporate human rights responsibility (cf. PI6 in Section 5.7.2), and ensure that the administrative and financial burdens are not excessive.
4.3 The position and expectations of the Federal Council
The UNGP distinguish between three types of adverse human rights impacts on the part of business enterprises:
- Business enterprises may abuse human rights through their own activities.
- Business enterprises may contribute to abuses of human rights through their activities.
- Business enterprises may be involved in abuses of human rights via their business relationships, without contributing to those impacts themselves.
Business enterprises that are based and/or operating in Switzerland should duly fulfil their duty to uphold human rights. Here, they can draw guidance from Pillar 2 of the UNGP and from the ‘Human Rights’ chapter of the OECD Guidelines for Multinational Enterprises. The UN’s guidance on implementing Pillar 2 The corporate responsibility to respect human rights as well as the relevant sector and topic-specific guidelines serve as a basis for this. Business enterprises that are exposed to particularly high human rights risks should develop internal policies and procedures for their human rights due diligence for the business activities concerned. Their precise form will depend on factors such as the size of the enterprise and the nature of its business (sector, geographical scope, etc.).
Attention should be paid to the specific circumstances of and options open to SMEs. The Federal Council will endeavour to support business enterprises and SMEs in particular, as they proceed with implementation, in order to keep the costs and administrative burden at a reasonable level…
In compliance with Pillar 2 of the UNGP and the ‘Human Rights’ chapter of the OECD Guidelines for Multinational Enterprises, business enterprises that are based and/or operate in Switzerland should respect human rights in all of their business activities, wherever they operate…