Argentina
On 27 November 2023, Argentina published its first NAP.
Available NAPs
Argentina: 1st NAP (2023-2026)
NAP Development Process
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.
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).
The NAP on Business and Human Rights 2023-2026 details the process which contained five phases.
- 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, emphasizing equal involvement of different stakeholders, including the business community, trade unions, civil society, academia and indigenous peoples.
- 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)’)
- 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.
- 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.
- 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 ongoing government.
Stakeholder Participation
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.
Transparency
The Roadmap was not publicly available, nor were the reports on stakeholder workshops, training sessions and meetings. The report from the official visit of the Working Group on Business and Human Rights to Argentina is publicly available in Spanish.
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.
Additional resources
Government
- Presentación del Plan Nacional de Empresas y Derechos Humanos a ECPEs, https://www.argentina.gob.ar/noticias/presentacion-del-plan-nacional-de-empresas-y-derechos-humanos-ecpes
- Plan de Acción Nacional: Empresas y Derechos Humanos, Información para la Prensa No.: 347/22, https://www.cancilleria.gob.ar/es/actualidad/noticias/plan-de-accion-nacional-empresas-y-derechos-humanos
External updates and commentary
- Asociación por los Derechos Civiles (ADC), ‘Contributions to the National Action Plan on Business and Human Rights’, https://adc.org.ar/en/2023/02/02/15080/ 2 February 2023
- UNICEF report, Engaging business for children’s rights, Latin America and the Caribbean 2022, https://www.unicef.org/lac/media/42386/file/LAC-Regional-Report-Engaging-Business.pdf