Switzerland

Introduction [page 4]

The implementation of the UNGP will also be taken as an opportunity to strengthen cooperation between the federal agencies concerned, as well as policy consistency in general.

5 National Action Plan on Business and Human Rights [page 9]

“(…) The Federal Council regards the implementation of the UNGP as an on-going process which must adapt to shifting challenges, and will also make a key contribution to preventing any conflicts of objectives between Switzerland’s human rights and foreign trade policies – or to resolving them. This NAP should be reviewed and updated every four years.(…)”

5.7 Pillar 1: state duty to protect 

5.7.5 Policy coherence [pages 26-30]

Guiding Principle 8 

According to Guiding Principle 8, in fulfilling their roles, federal authorities and other government institutions must be aware of the State’s human rights obligations, and must receive relevant information and training.

The Federal Council regards the present National Action Plan, along with the position paper on CSR, as suitable means of achieving this goal.

The federal government will employ the following policy instruments (PI) to implement Guiding Principle 8:

PI27 Implementation, review and update of the National Action Plan on Business and Human Rights 

The present Action Plan is the first strategy document from the federal government that addresses the specific issue of business and human rights.

In view of the rapidly changing environment and the variety of ways in which State action affects and is affected by the business and human rights domain, constant vigilance is required to ensure that government policy remains consistent. This can be fostered by means of an inclusive, ongoing process of drafting, reviewing and renewing the National Action Plan.82 The Federal Council will implement, review and update the National Action Plan in line with the international standard defined by the UN Working Group on Business and Human Rights (cf. Point 6). It will present the first updated version of the National Action Plan in 2020.

PI28 Coherence between the various policies, strategies and action plans 

Economic, social, environmental, development and human rights policies are all interrelated elements of a policy to promote sustainable development. The Federal Council attaches great importance to coherence between these policies. The issue of corporate social responsibility (CSR) is dealt with in the position paper and action plan of the Federal Council on corporate responsibility for society and the environment83. CSR and business and human rights are also mentioned in the goals of the 2030 Agenda, as well as in several federal government strategies. These include, for example, this present Action Plan, the Sustainable Development Strategy84, the Dispatch on Switzerland’s International Cooperation85, the Foreign Policy Report86, the Foreign Economic Policy Report87, the FDFA Human Rights Strategy 2016-201988, the Swiss Guidelines on the Protection of Human Rights Defenders89 and the National Action Plan to Fight Human Trafficking90. Consistent policies on business and human rights are ensured by incorporating the UNGP into these strategies.

The Federal Council incorporated the UNGP, as a key reference framework for State activities in the business and human rights sphere, into the Sustainable Development Strategy, which it endorsed as part of its legislative planning programme in early 2016. The Principles incorporated into the Strategy include recognition of the federal government’s duty to protect, as well as the responsibility of business enterprises to respect human rights – one of the means of doing so being the implementation of human rights due diligence.

PI29 Legislative review to ensure conformity with the UNGP 

The federal government should ensure that the national legal framework supports and does not hinder respect for human rights. As part of the office consultation procedure, the federal government will verify that new law complies with this principle.

Under the present service level agreement, where new legislation which has a particular bearing on business and human rights is being drafted or discussed, the federal government can instruct the Swiss Centre of Expertise in Human Rights (SCHR) to review the consistency of that legislation with the UNGP.

PI30 Interdepartmental cooperation 

The federal government maintains an International Human Rights Policy Core Group (KIM), in which all interested departments and offices are represented. Its role is to support coordination and consultation between federal agencies on all human rights matters. 

In 2016, the FDFA drew up a strategy for Swiss human rights policy which also includes the issue of business and human rights. This strengthens the way in which human rights are incorporated into relevant policy fields.

PI31 Awareness-raising and training programmes within the federal government 

The federal government offers a block course on business and human rights as part of annual human rights training for employees of the Federal Administration, and as part of general human rights training for future diplomats. It also offers targeted training to further the expertise of employees at Swiss representations abroad, especially in conflict-affected and high-risk regions.

PI32 National human rights institution 

In 2010, the Federal Council and the SCHR embarked on a five-year pilot project with the remit to build capacity at all levels of the political system, in civil society and in business to fulfil Switzerland’s international human rights obligations, and to encourage public debate about human rights91. One of the core areas covered by the SCHR is what it refers to as the ‘thematic cluster’ of Human Rights and Business92.

On 29 June 2016, the Federal Council decided to set up a national human rights institution. Its purpose is to further strengthen human rights in Switzerland, to support the authorities, civil society organisations and business enterprises in human rights matters, and to encourage exchange between the relevant actors. The FDJP and the FDFA have been commissioned to submit a consultation draft to the Federal Council by the end of June 2017. Under the UNGP, national human rights institutions play an important part in supporting States with the implementation of human rights.