Argentina

Status

Argentina adopted its first National Action Plan on Business and Human Rights on 27 November 2023, entitled ‘Plan Nacional de Acción Sobre Empresas y Derechos Humanos 2023-2026 by Decree (624/2023).

Process

In December 2017 Argentina adopted a National Action Plan on Human Rights 2017-2020 (in Spanish) which contains  a commitment to develop a specific NAP on business and human rights.

Subsequently, a process to develop a specific National Action Plan on Business and Human Rights began, and a National Baseline Assessment (NBA) was developed (but not formally published), but this was discontinued in 2020.

The Ministry of Foreign Affairs convened two meetings in November 2021 with other governmental agencies and stakeholders from civil society, trade unions, the business sector and academia to develop a roadmap for the NAP. The roadmap with an agenda was then published in the Ministry’s website. The roadmap contained a detailed description of the four stages of NAP development (developing an NBA, strengthening key stakeholders, writing and approving the NAP and publishing the NAP).

In 2022, a new process to develop a National Action Plan on Business and Human Rights began. In 2023 a detailed Technical Study for a National Baseline on Business and Human Rights in Argentina was published, conducted by a CSO ‘Conectando Derechos’. In May 2023, a 2nd NBA was published, conducted by the National Human Rights Institution (Defensoría del Pueblo).

Following a country visit to Argentina in 2023, the UNWG recommended that the government “strengthen the development of the NAP and enhance the legitimacy of the process by providing strong political support that prioritizes the development and implementation of the plan and renews the trust of stakeholders” and “ensure active transparency in the development of the NAP”. The UNWG also provided recommendation to CSOs to “to actively participate in the design of public policies relating to the business and human rights agenda, including the NAP”.

The NAP on Business and Human Rights 2023-2026 details the process which contained five phases.

1. Political compromise and planning

• Argentina committed for the second time to creating the NAP on Business and Human Rights during its re-election to the UN Human Rights Council (HRC) for 2022-2024. The development process was initiated by the Ministry of Foreign Affairs and began in 2022.
• A Road map for the development process was created, which includes stakeholder mapping and virtual presentations with several government bodies and civil society.
• During these meetings, transparency and active participation were identified as guiding principles during the development of the NAP, emphasising equal involvement of different stakeholders, including the business community, trade unions, civil society, academia and indigenous peoples.

2. Conducting a National Baseline Assessment

• A National Baseline Assessment was commissioned to assess existing policies, laws and mechanisms related to business and human rights in Argentina. The NBA was published in May 2023 (see section ‘National Baseline Assessment (NBA)’)

3. Dissemination, awareness raising and capacity building

• The Ministry of Foreign Affairs started redrafting the NAP on Business and Human Rights in 2020 with support from the OHCHR Office.
• In 2021, internal planning took place, and virtual meetings were held among state agencies.
• Stakeholder engagement opportunities throughout 2022 and 2023.

4. Drafting of the NAP and its commitments

• At a meeting held in December 2022, a form for the submission of commitments was sent to state agencies and enterprises (not made public), where they were asked for their input in the drafting.
• During February 2023, the United Nations Working Group on Business and Human Rights conducted its first official visit to Argentina to address potential adverse human rights impacts of business activities and identify good practices to implement the UNGPs in Argentina. During the visit, the Working Group met with authorities, civil society actors, human rights defenders, trade unions, indigenous peoples, and individuals and communities affected by business activities. The report on the visit can be found here in Spanish.
• Based on the findings during the aforementioned visit, dialogues and trainings were held on human rights and business-related issues with state bodies, agencies and companies.

5. Approval and Publication

• A preliminary draft of the NAP was internally shared by the Ministry of Foreign affairs for comments and internally reviewed by relevant government agencies. The draft was not made publicly available.

The NAP was published in the final weeks of an outgoing government.

Stakeholder Participation

The Ministry of Foreign Affairs convened two meetings in November 2021 with other governmental agencies and stakeholders from civil society, trade unions, the business sector and academia to develop a roadmap for the NAP.

Throughout 2022, with support from international organisations, including the ILO, OECD and UNICEF, various training sessions were organised involving state bodies and agencies, businesses and other relevant non-state stakeholders.

The Defensoria del Pueblo (Argentina’s NHRI) developed an online training course to build knowledge on responsible business conduct and participate in the NAP development process. It was primarily aimed at state actors but was designed to be useful and publicly accessible to all stakeholders. Participants could register to take the course when it suited them best. It was structured in 4 thematic modules between 8 and 9 minutes long each, intended to address the central axes of the framework on business and human rights:

Module I: General considerations on the Business and Human Rights paradigm

Module II: Towards the construction of a National Plan on Business and Human Rights, in light of the perspective of gender, children and other groups in vulnerable situations

Module III: Protecting human rights: new lenses to read the obligations of States

Module IV: The responsibility of companies towards human rights. Access to redress mechanisms

In March 2023, a virtual meeting was held with subnational governments to provide them with an update on the NAP development process, and discuss their active participation in the implementation stage. The event was co-organised by the Argentinean NHRI, the OHCHR, Sustentia, and the Alliance of Responsible Territories Latin America – Europe. An invitation was sent to all provinces through the Federal Human Rights Council and the Undersecretary of National Affairs of the Ministry of Foreign Affairs try and maximise attendance. Representatives from the governments in the provinces of Buenos Aires, Chaco, Chubut, Corrientes, Jujuy, La Pampa, La Rioja, Mendoza, Salta, San Juan, Santa Fe, Tucumán and the Autonomous City of Buenos Aires.

Transparency

The roadmap with an agenda was published on the Ministry’s website. The roadmap contained a detailed description of the four stages of NAP development (developing an NBA, strengthening key stakeholders, writing and approving the NAP and publishing the NAP).

The reports on stakeholder workshops, training sessions and meetings were not made public.

The Argentinean NBA (published in March 2023) was conducted by the Defensoría del Pueblo (Argentina’s NHRI) which developed a website to ensure stakeholders could access to information. An email address was also created to receive contributions from relevant stakeholders

National Baseline Assessment (NBA)

A first NBA was undertaken to underpin the NAP development process which was discontinued in 2020.

2019 NBA

• Finalised in May/ June 2019 but not publicly available.
• Commissioned by the State to inform the development of an inaugural BHR NAP. A process to develop an inaugural BHR NAP followed but was discontinued due to a change of government.
• Conducted by the State (Human Rights Secretariat).
• Utilised the DIHR/ ICAR National Baseline Assessment Template (for Pillars I and III) and a survey developed with the national chapter of the World Business Council for Sustainable Development and the Global Compact based on the UNGPs (for Pillar II). Based on desktop research, specific contributions from state agencies, stakeholder workshops, and online consultations. Contains priorities for action.

A 2nd NBA was published in May 2023 to underpin the NAP development process.

2023 NBA

• Published in May 2023 and available here.
• Commissioned by the State (the Ministry of Foreign Affairs, International Trade and Worship) to inform an inaugural NAP which is under development as of June 2023.
• Conducted by the National Human Rights Institution (Defensoría del Pueblo) with support from the OHCHR, ILO, UNICEF and OECD through the EU funded RBCLAC project.
• Follows its own methodology based on desktop research and consultations with a broad range of stakeholders from the state, business, trade unions, and civil society. Contains recommendations. It includes a Technical Study for a National Baseline on Business and Human Rights in Argentina which utilised the DIHR’s Toolkit 2017 with regional and local adaptations such as the inclusion of the Inter-American Standards of Business and Human Rights.

Technical support and funding for the elaboration of a technical study which served as input to the NBA, was provided by international cooperation and a UN inter-agency alliance.

Within the framework of the preparation of the National Baseline, UNICEF, together with the National Ombudsman’s Office, carried out a survey through U-Report to gather the voices of adolescents and young people on these issues, where 815 young respondents participated (59% between 13 and 19 years old) during the period from November 14 to November 30, 2022. The findings were used in the Technical Study and in the National Baseline, and were sent to the government to establish priorities and design a comprehensive public policy.