Belgium
Belgium’s first NAP was published in 2017. In February 2021, at the launch of an NBA, the government announced a new NAP would be developed.
Belgium published a 2nd NAP on 5 April 2024 – see here for more information.
Available NAPs
Belgium: 1st NAP (2017 - open)
NAP Development Process
Status
The inaugural ‘Plan d’action national Entreprises et Droits de l’Homme‘ was adopted on 23rd June 2017. This is only available in French, but we have translated the relevant sections if you click ‘Explore NAP by Issue’.
Process
The Belgian National Action Plan (NAP) was developed in response to the European Commission’s call to Member States to draw up NAPs for the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs). The plan was also envisioned to reaffirm Belgium commitments to the OECD Guidelines for Multinational Enterprises and ILO instruments.
The process was led by the Ministry of Foreign Affairs’ Human Rights Directorate and the Ministry for Energy, Environment and Sustainable Development’s Federal Institute for Sustainable Development (IFDD), which chairs the Interdepartmental Commission for Sustainable Development (CIDD).
In March 2013, the CIDD’s Working Group on Corporate Social Responsibility, who represents all federal and regional/community administrations, was appointed as being responsible for drafting the NAP and other related activities, such as the dialogue with relevant stakeholders.
Other departments involved in this working group include:
- the Ministry of Economy
- the Ministry of Employment
- the Ministry of Justice
- the Office of the Prime Minister
- the Ministry of Environment
- Different line ministries at the regional and community levels
Initial stakeholder consultations were conducted in April 2014. A second consultation period on the first draft NAP took place at the end of 2015. The second draft was then submitted to various advisory councils. A final draft was prepared between April and June 2016.
On July 5, 2016, CIDD transmitted the final draft of the NAP and mapping to the responsible ministers: Marie Christine Marghem, Minister for Energy, Environment and Sustainable Development and Didier Reynders, Deputy Prime Minister and Minister for Foreign Affairs. An agreement at the federal level was reached at the end of 2016 and the draft NAP was adopted in June 2017
The NAP is set to contribute to Belgium’s efforts to achieve the Sustainable Development Goals (SDG) Agenda for 2030 and particularly, SDG 8 and SDG 12. The “Business and Human Rights” NAP was established in conjunction with the updating of the 2006 federal action plan on “Corporate Social Responsibility“. At the first stakeholder consultation, companies and organisations expressed a clear preference for merging of the two action plans (the NAP for Corporate Social Responsibility and the NAP for Businesses and Human Rights), rather than having them separate.
The NAP is also articulated with regional-level policies in the area of human rights.
Stakeholder Participation
In April 2014, the CIDD Working Group organized an initial stakeholder consultation. It invited the country’s leading organisations working in the areas of corporate social responsibility and/or human rights to submit ideas and propositions on relevant actions. A questionnaire survey was also circulated to stakeholders. In addition to the Federal level, contributions from Flanders, Wallonia and the Brussels-Capital Region formed the first draft.
The second round of consultations on the first draft NAP (November-December 2015) included:
- Phase A: written contributions
- Phase B: dialogue with stakeholders
- Phase C: consultation with advisory bodies
Summaries of the stakeholder consultation meetings held in November-December 2015 were published on the CIDD Working Group for Corporate Social Responsibility’s website. The list of stakeholders participating in the NAP development process can be found here.
Following this consultation, various Advisory Councils made submissions to the second draft NAP, after being asked to provide their views.
These included:
- the Federal Council for Sustainable Development
- the National Labour Council
- the Central Economic Council
- the Advisory Council on Policy Coherence for Development
- the Higher Council of Independent SME
- the Consumer Council
In Wallonia, the Economic and Social Council of Wallonia delivered an opinion, as did the Economic and Social Committee of the Brussels-Capital Region, while in Flanders the Economic and Social Council of Flanders chose not to give its opinion, but to conform to the opinions of the Federal Councils.
From April to June 2016, the various inputs of the second phase of consultation were considered and incorporated into the third draft NAP Business and Human Rights by the CIDD Working Group.
National Baseline Assessment (NBA)
An NBA was not conducted to inform the 2017 NAP.
Follow-up, monitoring, reporting and review
Implementation of the action plan will be assessed annually by the Working Group of CIDD. On the basis of this evaluation, a progress report will be prepared and published on a website.
This report will also be attached to the annual report of the CIDD to the Government, the Parliament and the IFDD. It will also be sent, for information purposes, to the various Advisory Councils that have been involved in the consultation on the preparation of the NAP.
Together with the stakeholders, an evaluation of the NAP and the implementation of the actions is planned within 3 years of the government’s approval of the action plan. At the time of this evaluation, it may be decided to modify or update the NAP. The mapping/baseline will also be updated if necessary.
The NAP states that “if necessary stakeholders will be involved in the implementation of the actions (possibly through the Advisory Councils)”.
Stakeholders views and analysis on the NAP
As the NAP was only recently published, stakeholder comments and review of the document are still under way.
AchACT, part of the Clean Clothes Campaign, and among the participating stakeholders, recently came with their analysis of the final NAP. In their critique they argue that the NAP “is based on an outdated vision of corporate responsibility for human rights” that the plan “is based almost exclusively on voluntary initiatives of companies that in the last decade have shown their ineffectiveness to respect and uphold human rights.” Moreover they mention that the NAP “does not take into account the need to take mixed measures between the promotion of voluntary initiatives and the binding regulatory framework, as recommended by the United Nations Guiding Principles on Business and Human Rights.”
Some of the major concerns was that the plan did not propose strong political measures vis-à-vis companies on central issues such as human rights due diligence and supply chain transparency.
Nonetheless, the organization identified three areas of the NAP that could bring the opportunities to effectively reinforce the respect for human rights by companies and their affiliates. These are “public procurement”; “support for of the “Accord on Fire and Building Safety in Bangladesh”; and “improvement of the access to remedy for victims of human rights violations.”
- Contribution to stakeholder consultation by FIDH & LDH 2014
- General recommendations to the NAP by Amnesty International 2014
- Stakeholder consultation summary – Business community
- Stakeholder consultation summary – NGOs
- Stakeholder consultation summary – Labour unions
Additional resources
- Second draft NAP 2016
- Timeline of the drafting process
- Copy of an e-mail from the CIDD to responsible ministers
- CIDD Annual report 2016
- CIDD Annual report 2015
- Review of final draft NAP by the the Federal Council for Sustainable Development
- Review of final draft NAP by the Central Economic Council
- Review of final draft NAP by the Advisory Council on Policy Coherence for Development
- Review of final draft NAP by the National Labour Council with the Central Economic Council
Explore NAP by Issue
Promote best practice of SMEs that adopt responsible supply chain management, especially through the « CSR Compass » tool The NAP broadly mentions children’s rights in relation to the CSR Compass: “By highlighting child labor and forced labor as main issues, the portal also addresses human rights.” Pay special attention to the issue of children’s rights in awareness raising of enterprises According to the Belgian federal government, “the area of children’s rights have not been enshrined in the UNGPs to the extent they find necessary to address businesses responsibility to respect human rights.” Belgium wants “to give special attention to this particular issue in its NAP by engaging through several parallel measures: The Flemish government added that “with the support of Flemish authorities, UNICEF Belgium aims to raise awareness on how important the role of the business community plays already, and to present a new perspective to better support CEOs, managers and workers on a wider scale, the “Rights of the child and principles governing the enterprises,” developed by UNICEF and Save the Children.” They mention that policy-makers also play a role in this field. As a second objective, the Flemish government “wants to develop networks and partnerships on the theme of these Guidelines. Dissemination is the first step of a long-during process, in which concrete actions and events will be established accordingly, in order to promote of the Guidelines and their implementation in Flanders, Belgium and beyond.” Import, export and transit of arms, ammunition, military and law enforcement equipment and dual-use goods This states that Flemish regulations explicitly prohibits the export and transit of arms and military equipment to countries that incorporate child soldiers to their regular armies. Encourage responsible supply chain management with a sector-wide approach Encourager la gestion responsable des chaînes d’approvisionnement avec une approche sectorielle The NAP describes several tools of the OECD, including “OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas,” which the federal government seeks to engage with through the Belgian NPC. Pay particular attention to the ratification of a series of ILO conventions to health and safety at work This section includes a plan to ratify Convention No. 167 on Safety and Health in Construction. The government comments “the ratification of this Convention will be deposited in Geneva in June 2016.” Promote existing qualitative initiatives on human rights and social responsibility The Flemish government plans a sustained and sectoral approach to social responsibility as companies operating in the same sector face similar challenges. In consultation with the sectoral organizations, the Flemish authorities will support these organizations and their members in order to sustain their value chains and management of their businesses. Strengthen collaboration between public services and the various organizations active in the field of human rights and of international entrepreneurship This section mentions that the regional authorities and a number of Belgian institutions at several levels (such as Ducroire, Finexpo, the Belgian Investment Company, the Belgian Investment Company for Developing Countries, and also organizations such as the Chambers of Commerce among others) that support international entrepreneurship can also obtain information on the ground, through their members, and gain experience in the field of corporate management of human rights issues around the world. An action therefore involves the collection of information from such stakeholders. Incorporate the principle of “due diligence” into the management of the company, also in the terms of human rights This section mentions corporate governance. Concretely, the action will consist of contacting those responsible for the two Belgian corporate governance codes in order to examine the possibility of integrating international developments, in particular with regard to human rights, which will entail the attempt to minimize the administrative burden on public authorities or enterprises, but without impairing the application and implementation of ambitious criteria and controls. Facilitating the circulation of knowledge in the field of human rights and CSR Faciliter la circulation des connaissances dans le domaine des droits de l’Homme et de la RSE, The government of Walloon will seek to encourage university networks of researchers concentrating on the topic of management of corporate socio-economic aspects on the perspective of the respect for human rights and CSR. Based on preliminary mapping, Belgium has identified “the fight against corruption” as one among seven principal tasks that the NAP will engage with. Prepare a brochure on grievance mechanisms related to public authority Elaborer une brochure sur les mécanismes de réparation liés à l’autorité publique This point briefly presents the issue of corruption in regards to reparation procedures, which “must be neutral, protect against corruption and be free from any attempt, political or other, to influence its outcome.” Recommendations for improving access to a judicial grievance mechanism Formulation de recommandations en vue d’améliorer l’accès à un mécanisme de reparation judiciaire This point mentions that reparation procedures “must be neutral, protect against corruption and be free from any attempt, political or other, to influence its outcome.” Promote existing qualitative initiatives on human rights and social responsibility The federal government explains that the Belgian National Contact Point will organize a seminar targeting the fight against corruption for SMEs with the provision of a practical toolbox prepared in partnership with the Belgian Confederation of Enterprises and the International Chamber of Commerce and the Ministry of Justice. Promote social reporting, including human rights Promouvoir les rapports sociétaux, droits de l’Homme inclus The NAP describes that given the adoption of the European directive 2014/95/EU, major companies, in their annual reporting, are required to include a non-financial statement containing information on the issues of environment, social and human resources, respect for human rights as well as the fight against corruption and bribery. Promote best practice of SMEs that adopt responsible supply chain management, especially through the « CSR Compass » tool This point briefly presents corruption as one among several issues that the CSR Compass covers. Educate Belgian companies on the problem of corruption and strengthen Belgian commitments on this theme This is the main action point covering corruption. As Belgium has ratified all related anti-corruption conventions, the federal government explains that the Belgian State has several legal obligations vis-à-vis the prevention and repression of corruption. In the framework of the NAP, engagements will be as followed: Belgian framework relative to business enterprises and to human rights (Page 12-13) In order to better identify the principal rights and responsibilities that Belgium engages itself to protect and to respect, the basic analysis concentrates on seven domains considered of the highest priority: Belgium commits itself to integrating the criteria of the UNGPs and of the corporate social responsibility in the strategy to support the development of the local private sector of Belgium cooperation (Page 33) The new law of March 2013 related to Belgian development cooperation attributes a more important role to the cooperation in view of supporting the private sector in the developing country. One strategic note, entitled “The Belgian Development Cooperation and the Local Private Sector: The Support of Sustainable and Human Development”, was formulated in April 2014. From now on, and primarily in the sectors of agriculture, basic services, and infrastructure directly pertinent for the development of enterprises and of projects that can contribute to the fight against climate change, the Belgian development cooperation will specifically: This strategy, which applies itself to the actions of businesses in the 14 priority countries of the governmental cooperation but also in the 52 countries of intervention of non-governmental actors and of the Belgian Society of Investment for Developing Countries (BIO), insists as well on the importance of coordination and synergies to developed and on the coherence of the policies put in place as well as on a follow-up for rigorous actions supported. The principal, specialised actors in support of the local private sector are the Belgian Society of Investment for Developing Countries (BIO) and the Trade for Development Center (TDC). The corporate social impact purpose of BIO is to invest, directly or indirectly, in the development of micro, small, and middle-size enterprises (MPME) and social economy enterprises situated in developing countries with the interest of economic and social progress of these countries all while assuring sufficient return. At the same time, BIO also has the corporate purpose to invest in energy projects and projects that contribute to the fight against climate change in developing countries as well as in companies whose purpose is to provide basic services to the populations of developing countries. In addition, through its Support Fund for Micro, Small, and Middle-Sized Enterprises (MSME Support Fund), BIO can grant subsidies to co-finance support programs. The TDC, meanwhile, aims to improve market access for producers and entrepreneurs in the South through direct support to local producer organizations, local businesses, or local professional organizers as well as to develop expertise on the themes of fair and sustainable trade in order to put in place the appropriate awareness and knowledge transfer strategies= Federal Government Action: Both the management contract between the Belgian state and BIO, which began in effect for five years in April 2014, and the 2014-2017 Convention for the Implementation of the Trade for Development Centre signed between the Belgian state and Belgian technical cooperation, provides that all development interventions of the local private sector must adhere to certain principles of intervention. Among these principles, in addition to the criteria of “classic” development, are in particular the respect of social, environmental, and good governance aspects. These two legal tools also provide for reporting requirements to monitor and evaluate compliance with these principles. The annual report sent by BIO will henceforth be systematically the subject of a specific meeting of the Concertation Committee DGD/BIO before June 30th with a management contract in place that links the granting of additional financial means by the Belgian state with respect to BIO in particular for its reporting obligations. The Concertation Committee DGD/BIO will meet quarterly and will mainly ensure the proper implementation of the Management Contract. The TDC will annually transmit a narrative and financial report, discussed in the Monitoring Committee (CTB-TDC/DGD), to certify the conformity of actions in particular to the principles of intervention outlined in the implementation agreement. The Monitoring Committee will meet every six months mainly to take stock of the monitoring efforts of the TDC Programme. The Belgian NAP does not contain a direct reference to ICT & electronics sector. Action by the Flemish Government: … The Flemish Authority will use public procurement to achieve its policy objectives, such as stimulating innovation, reducing human rights violations in the production chain, improving access to public procurement for SMEs and transitions to a circular and energy economy. – page 41 Belgium engages itself to integrate the criteria of the UNGPs and of the corporate social responsibilities in the strategy to support the development of the local private sector of Belgium (Page 33) The new law of March 2013 related to Belgian development cooperation attributes a more important role to the cooperation in view of supporting the private sector in the developing country. One strategic note, entitled “The Belgian Development Cooperation and the Local Private Sector: The Support of Sustainable and Human Development”, was formulated in April 2014. From now on, and primarily in the sectors of agriculture, basic services, and infrastructure directly pertinent for the development of enterprises and of projects that can contribute to the fight against climate change, the Belgian development cooperation will specifically: This strategy, which applies itself to the actions of businesses in the 14 priority countries of the governmental cooperation but also in the 52 countries of intervention of non-governmental actors and of the Belgian Society of Investment for Developing Countries (BIO), insists as well on the importance of coordination and synergies to developed and on the coherence of the policies put in place as well as on a follow-up for rigorous actions supported. The principal, specialised actors in support of the local private sector are the Belgian Society of Investment for Developing Countries (BIO) and the Trade for Development Center (TDC). The corporate social impact purpose of BIO is to invest, directly or indirectly, in the development of micro, small, and middle-size enterprises (MPME) and social economy enterprises situated in developing countries with the interest of economic and social progress of these countries all while assuring sufficient return. At the same time, BIO also has the corporate purpose to invest in energy projects and projects that contribute to the fight against climate change in developing countries as well as in companies whose purpose is to provide basic services to the populations of developing countries. In addition, through its Support Fund for Micro, Small, and Middle-Sized Enterprises (MSME Support Fund), BIO can grant subsidies to co-finance support programs. The TDC, meanwhile, aims to improve market access for producers and entrepreneurs in the South through direct support to local producer organizations, local businesses, or local professional organizers as well as to develop expertise on the themes of fair and sustainable trade in order to put in place the appropriate awareness and knowledge transfer strategies= Federal Government Action: Both the management contract between the Belgian state and BIO, which began in effect for five years in April 2014, and the 2014-2017 Convention for the Implementation of the Trade for Development Centre signed between the Belgian state and Belgian technical cooperation, provides that all development interventions of the local private sector must adhere to certain principles of intervention. Among these principles, in addition to the criteria of “classic” development, are in particular the respect of social, environmental, and good governance aspects. These two legal tools also provide for reporting requirements to monitor and evaluate compliance with these principles. The annual report sent by BIO will henceforth be systematically the subject of a specific meeting of the Concertation Committee DGD/BIO before June 30th with a management contract in place that links the granting of additional financial means by the Belgian state with respect to BIO in particular for its reporting obligations. The Concertation Committee DGD/BIO will meet quarterly and will mainly ensure the proper implementation of the Management Contract. The TDC will annually transmit a narrative and financial report, discussed in the Monitoring Committee (CTB-TDC/DGD), to certify the conformity of actions in particular to the principles of intervention outlined in the implementation agreement. The Monitoring Committee will meet every six months mainly to take stock of the monitoring efforts of the TDC Programme. Promote good practices of SMEs that adopt responsible supply chain management, notably through the “CSR Compass” tool (Page 54) One of the most relevant instruments developed by the European Commission on supply chain management is the portal, which is part of the European Alliance for CSR. Founded by the Commission and leading companies in Europe in 2006, the Alliance brings together 260 companies. This free-to-use platform offers, among other things, information on the topic itself, a set of best practices, codes of conduct, and international frameworks. By highlighting child labour and forced labour as key issues, the portal also addresses human rights. Other major topics include corruption, discrimination, freedom of association, collective agreements, health and safety, compensation, and working hours. Walloon Governmental Action: The action will consist of promoting the tools available to companies, including the CSR Compass. Concretely, this will involve setting up exchange workshops between companies from the same sector and creating a practical guide for SMEs wishing to improve the ethics of their supply chain. Some companies may also engage in “strategic partnerships” with NGOs and publicly-recognized foundations on specific projects. Indeed, companies will make available, free of charge, to an NGO certain voluntary employees whose technical skills will contribute to its mission. The European Multi-Stakeholder Forum echoed these practices, stressing that NGOs are a key to success in the South in implementing socially responsible practices by multinational firms and their suppliers via partnerships. Give special attention to the ratification, support, and promotion of a series of ILO conventions relating to the rights of women (Page 62) Federal Government Action: The rights of women have not been specifically anchored in the Guiding Principles on Business and Human Rights. The Belgian government wishes to grant them a privileged place in its action within the framework of the National Action Plan for Human Rights and Business, and this, acting on several tracks in parallel: ◊ C156 – Convention on Workers with Family Responsibilities; ◊ C189 – Convention on Domestic Workers; Ensure better coordination between federal and regional authorities in order to integrate human rights and social responsible entrepreneurship into public aid The NAP explains that Finexpo, an inter-ministerial consultative committee managed by the Administration of Foreign Affairs, studies the files of companies and/or banks requesting public support for an export credit and issues an opinion to the Council of Ministers, which takes the final decision on the granting of the aid. This state intervention allows Belgian companies to carry out projects in developing countries and thus contribute to growth in these countries. The action specifically involves: “bringing together the various public services to exchange information at regular intervals. A common method for integrating the promotion of human rights and other aspects of social responsibility into the evaluation of applications will also be examined in this context. The method will be based on decisions taken in international fora (eg. OECD) on export credit.” The NAP further states that: “regarding Finexpo, it will be necessary to modify the official questionnaire… in order to introduce references to the promotion of human rights, and to corporate social responsibilities that go beyond issues on the environmental impact, which are already included in the questionnaire. These references will be based on decisions taken in international fora (eg OECD) on export credit.” Promote state enterprises that are socially responsible Promouvoir les entreprises publiques socialement responsables This point briefly mentions the issue of export credits in a citation of the Guiding Principle 4: “States should take additional steps to protect against human rights abuses by business enterprises that are owned or controlled by the State, or that receive substantial support and services from State agencies such as export credit agencies and official investment insurance or guarantee agencies, including, where appropriate, by requiring human rights due diligence.” Strengthen and monitor the respect for human rights in public procurement Renforcer et contrôler le respect des droits de l’Homme dans les marchés publics The federal government states that the Working Group on Sustainable Public Procurement of the Interdepartmental Commission for Sustainable Development will examine how to strengthen and optimize the integration of respect for human rights into the purchasing policy of the public authorities. To this end, in consultation with the government and stakeholders concerned, including the sectoral federations, the working group will formulate a series of proposals with particular attention to hazardous sectors such as the apparel industry, the extractives industry etc. Ensure the dissemination of the toolbox and brochure on grievance mechanisms among Belgian representatives abroad and raise awareness of the issue This point aims at awareness-raising the Belgian diplomacy on the issues of social responsibility, sustainable development and the problem of companies involved in human rights violations. It briefly mentions that “at the present, diplomats do not always have the necessary tools or knowledge on “human rights and business” in particular, to inform and guide the companies in question in order to ensure that their extraterritorial activities take account of their impact on human rights.” Ensure better coordination between federal and regional authorities in order to integrate criteria relating to human rights and socially responsible entrepreneurship in public aid The NAP explains that Finexpo, an inter-ministerial consultative committee managed by the Administration of Foreign Affairs, studies the files of companies and/or banks requesting public support for an export credit and issues an opinion to the Council of Ministers, which takes the final decision on the granting of the aid. The NAP states that “regarding Finexpo, it will be necessary to modify the official questionnaire… in order to introduce references to the promotion of human rights, and to corporate social responsibilities that go beyond issues on the environmental impact, which are already included in the questionnaire…” Pursuing Belgium’s commitment and its pioneering role in the field of human rights at the international level The NAP briefly mentions that the Ministry of Foreign Affairs will ensure, through its various coordination mechanisms in the preparation of the positions of Belgium and EU in organizations or international assemblies, including the World Bank, to ensure that the latter take into account the respect for and promotion of human rights in the exercise of their activities. The Belgium NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors. Promote best practice of SMEs that adopt responsible supply chain management, especially through the « CSR Compass » tool This point briefly presents forced labour as one among several issues that the CSR Compass covers. Pay special attention to the issue of children’s rights in awareness raising of enterprises The NAP comments that UN treaties, including those on slavery, also play an important role. One of the actions planned is therefore the ratification of the Protocol of 2014 to the ILO Convention on Forced Labor. Promote best practice of SMEs that adopt responsible supply chain management, especially through the « CSR Compass » tool The right to freedom of association is only quoted in this point where is it mentioned as one among several issues that the CSR Compass covers. Federal Government Action: The Belgian NCP had issued recommendations for all companies active in the textile sector. – page 30 Federal Government Action: The Sustainable Public Procurement working group of the Interdepartmental Commission for Sustainable Development will examine how to strengthen and optimize the integration of respect for human rights in the procurement policy of the Public Authority. To this end, in consultation with the Public Procurement Committee and the main stakeholders concerned, including the sector-specific business federations, the working group will formulate a series of proposals with a particular focus on risk sectors such as clothing, the extractive industry, etc. – Page 39 Pilot projects are being set up in which the policy areas “Employment and Social Economy” and “Chancellery and Public Governance”, in cooperation with the purchasers of the various contracting authorities, will check the credibility of the supporting documents (concerning respect for human rights, etc.) and compliance with the basic ILO conventions. This is necessary in order to verify that the human rights criteria included in the special specifications are actually respected. In this respect, the Flemish Authority will focus primarily on the purchase of textile products. – page 41 Context: Following several accidents and tragedies in Bangladeshi garment factories, notably the one that occurred in April 2013 in the Rana Plaza building housing a complex of garment factories in Bangladesh, the NCP initiated a series of consultations and interviews with different stakeholders in the Belgian garment sector. As a result, it was decided at the OECD level to produce a due diligence guide for the garment and footwear sector. – page 57 Pay particular attention to the ratification, support and promotion of a series of ILO conventions relating to the rights of women This is the main action point covering the issue of women’s rights. According to the federal government, “women’s rights have not been specifically embedded in the Guiding Principles on Business and Human Rights,” therefore, “he Belgian government wishes to give them a privileged place within the framework of the National Action Plan on Human Rights and Businesses acting on several tracks in parallel.” These include: Promote existing qualitative initiatives on human rights and social responsibility In relation to the project “The Sustainable Enterprise Development Facility for Job Creation in South Africa”, the Flemish government describes one of the strategies on a meta-level being the development of a business culture amongst the youth, with a particular attention towards young women. Ensure the dissemination of the toolbox and brochure on grievance mechanisms among Belgian representatives abroad and raise awareness of the issue This point aims at awareness-raising the Belgian diplomacy on the issues of social responsibility, sustainable development and the problem of companies involved in human rights violations, briefly mentions that “at the present, diplomats do not always have the necessary tools or knowledge on “human rights and business” in particular, to inform and guide the companies in question in order to ensure that their extraterritorial activities take account of their impact on human rights.” Belgian representatives will receive a practical toolbox (Action point 3) to better inform companies who contact them with a wish to expand their activities abroad. The toolbox will also include elements on grievance mechanisms (based on Action 2), enabling the Belgian diplomatic network to better inform businesses, victims of possible violations and all other interested parties about the access to remedy in Belgium. Raise awareness among companies on issues of human rights in the context of economic missions abroad The aim of this action is to ensure that the economic missions organized by Belgium, in consultation and cooperation with the regional authorities, include awareness-raising on the issue of corporate social responsibility, and sustainable development in general, but especially the respect for human rights. The federal government adds that “economic missions are a good opportunity to distribute and publicize the toolbox discussed in action 3. This awareness raising also offers the possibility of bringing Belgian companies in contact with the network of UNCG Belgium and, where applicable, the UNCG network of the country visited. Belgium is committed to integrating human rights and corporate social responsibility (CSR) criteria into the local private sector development support strategy of Belgian cooperation This point briefly mentions that the Trade for Development Center aims to improve market access for Southern producers and entrepreneurs by directly supporting local producer organizations, local businesses, or professional organizations as well as developping expertise on the themes of trade aid, fair trade and sustainable trade in order to put in place strategies for awareness raising and transfer of knowledge. Encourage responsible supply chain management with a sector-wide approach Encourager la gestion responsable des chaînes d’approvisionnement avec une approche sectorielle The federal government describes that the NCP will continue, through a sectoral approach, its work of informing and raising awareness of Belgian companies on the sustainable management of supply chains. Pay special attention to the issue of children’s rights in awareness raising of enterprises The NAP describes that in 2010 UNICEF launched a process, alongside the UN Global Compact and Save the Children, to develop a set of principles that provide concrete advice on what companies can do to respect and support children’s rights. One of the engagements will be the active support and awareness raising of companies on the Principles governing enterprises in the field of children’s rights, in order to allow Belgian companies to maximize the positive effects of their activities on the lives of children by supporting and respecting their rights and those of their parents or guardians, including the right to a decent wage. Educate Belgian companies on the problem of corruption and strengthen Belgian commitments on this theme This point briefly covers the matter of guiding companies, specifically on the issue of corruption. One of the actions will be the awareness-raising of Belgian companies on the problem of corruption (through the Brochure of the Belgian Federal Authorities (NCP, Ministry of Economy and Ministry of Justice) with the Confederation of Belgian Enterprises and the International Chamber of Commerce; as well as through the network of Belgian diplomacy). Implementation of the Flemish Action Plan “Sustainable International Entrepreneurship 2014-2015-2016 The government of Flanders explains that Flanders Investment & Trade 2015 plan includes contributing to the education of Flemish companies on socially responsible international entrepreneurship through awareness-raising activities. The FIT “wants to offer concrete information to companies, both through their website and in national dossiers, through training courses for the benefit of Flemish economic representatives and advisers in international entrepreneurship.” Action point 19 Promote best practice of SMEs that adopt responsible supply chain management, especially through the « CSR Compass » tool « One of the most relevant instruments developed by the European Commission for supply chain management is the portal, part of the European Alliance for CSR. Founded by the Commission and leading companies in Europe in 2006, the Alliance brings together 260 companies. This free-to-use platform offers, among other things, information on topics, a set of good practices, codes of conduct and international frameworks. By highlighting child labor and work forced as main issues, the portal also addresses human rights. Other big topics include corruption, discrimination, freedom of association, collective agreements, health and safety, compensation and working hours.” Action point 26 Pay particular attention to the ratification of a series of ILO conventions to health and safety at work Globally, the scale of the consequences in terms of human suffering and economic costs of occupational accidents and illness, as well as major industrial disasters, has been a growing cause for concern in the workplace in recent years, at both national and international levels… Poor working conditions, deterioration of health at work, work accidents, in addition to being morally unacceptable, have an economic cost for the company and the community… The guide published by the United Nations “questions on the guiding principles relating to companies and human rights ”mentions as an example the setting of standards for the protection of health and safety in factories. Belgium has always attached great importance to safety and health at work. As a sign of this commitment, Belgium has ratified, in recent years, a series of key international labour Conventions including the fundamental principles of safety and health: the Occupational Safety and Health Convention (No. 155) and the Occupational Health Services Convention (No. 161). Belgium has also recently ratified Conventions relating to health and safety in high-risk branches of economic activity: The Safety and Health in Mines Convention (No. 176) and Safety and Health in Agriculture Convention (No. 184). Actions of the federal government: The reaffirmation of Belgium’s commitment will be manifested through the forthcoming ratification of the following conventions: By ratifying these key safety and health conventions, Belgium will not only commit to strengthening its own occupational health and safety system, but also to encourage other countries to follow it. Strengthen collaboration between public services and the various organizations active in the field of human rights and of international entrepreneurship This point briefly mentions human rights defenders. The NAP states that various public services, in particular the MFA and the OECD NCP, have information on the human rights situation in different countries, due to their activities (this is the case of for the NCP); the local presence of Belgian representation; contacts with local civil society (especially human rights defenders), other “external” partners sensible to human rights issues (such as the delegations of the European Union and its Member States, the local offices of the United Nations and their specialized bodies, the Council of Europe, etc.) or with representatives of like-minded countries. Advocate for strengthening the integration of sustainable development (including human rights) in free trade agreements This point explains that free trade agreement negotiations at the EU-level have presented several objectives, including the maximization of transparency and impact assessments on sustainable development. The NAP states that, within EU Council negotiations, the aim of Belgium is to insist on carrying out impact assessments on sustainable development in order to map the economic, social and environmental impact of potential trade agreements, both for the European Union and for the countries with which negotiations on a free trade agreement are under way. Incorporate the principle of “due diligence” into the management of the company, also in the terms of human rights The NAP briefly mentions that the integration of the “due diligence” obligation for companies (as covered by the EU directive 2014/95/EU) will ensure better business continuity, and optimize relationships with local communities and workers, through a clear commitment and ongoing dialogue about the impact of their activities. The Belgian NAP makes no direct reference to indigenous peoples. Advocate for strengthening the integration of sustainable development (including human rights) in free trade agreements The federal government states that during negotiations at the European level, Belgium will advocate for the respect and inclusion of fundamental labour rights and international environmental standards – including in cases of development cooperation – in investment agreements and free trade agreements. “Any new trade or investment agreement must not have negative impact on sustainable development.” Read more about Investment treaties & investor-state dispute settlements Prepare a brochure on grievance mechanisms related to public authority Elaborer une brochure sur les mécanismes de réparation liés à l’autorité publique This point states that the federal government will engage in a research mission to list all of the different state-based mechanisms (both judicial and non-judicial) that can be used in cases of human rights violations by companies or organizations (Belgian or foreign). The results of this research will be integrated into a readable, comprehensible and practical brochure that will be made available to stakeholders, both online and in print (limited). This brochure will focus on companies, organizations and victims of human rights violations. Both procedural and substantive aspects of these grievance mechanisms will be addressed and will be available in Dutch, French, German and English. Mediation procedures can be accessed through the OECD NCP, and different provisions included in the criminal law can be imposed through the Belgian courts, etc. However, many of these grievance mechanisms are insufficiently known about. Recommendations for improving the access to a judicial grievance mechanism Formulation de recommandations en vue d’améliorer l’accès à un mécanisme de reparation judiciaire This point covers the issue of judicial remedy in a broad manner. Researchers will be asked to conduct an analysis to identify major obstacles and potential gaps and to formulate policy recommendations in a separate report. Competent administrations will analyze this report within the framework of the CIDD Working Group on Social Responsibility. Where appropriate, the Working Group will formulate a number of policy proposals and submit them to the political level. These policy recommendations may support the authority to make access to remedy as effective as possible for victims of human rights violations. The NAP explains that “despite the existence of these mechanisms, in cases of human rights violations, more or less important obstacles can impede effective access to a grievance mechanism.” In addition to creating a brochure of existing redress mechanisms related to public authority (see Action point 2), the federal government will conduct an analysis that aims at identifying the possible limitations and/or defects of each mechanism, which may constitute an obstacle (legal, financial, procedural, administrative …) for the effective use of remedies. Researchers will be asked to conduct an analysis to identify major obstacles and potential gaps and to formulate policy recommendations in a separate report. Competent administrations will analyze this report within the framework of the CIDD Working Group on Social Responsibility. Where appropriate, the Working Group will formulate a number of policy proposals and submit them to the political level. These policy recommendations may support the authority to make access to remedy as effective as possible for victims of human rights violations. Ensure the dissemination of the toolbox and brochure on grievance mechanisms among Belgian representatives abroad and raise awareness of the issue This pointlinks Action point 2 and 3 together. The action aims at raising awareness among the network of Belgian diplomacy on the issues of companies’ social responsibility, sustainable development and the problematic of human rights violations committed by companies operating abroad. They will receive a practical toolbox (Action point 3) to better inform companies who contact them with a wish to expand their activities abroad. The toolbox will also include elements on grievance mechanisms (based on Action 2), enabling the Belgian diplomatic network to better inform businesses, victims of possible violations and all other interested parties about the access to remedy in Belgium. Pay special attention to the issue of children’s rights in awareness raising of enterprises Accorder une attention particulière à la question des droits de l’enfant dans la sensibilisation des entreprises This point briefly touches upon the issue of judicial remedy in one part of the planned engagements related to the prohibition of forced labour. The government will ratify the Protocol of 2014 to the ILO Convention on Forced Labor, which is a new legally binding instrument requiring States to take preventive, protective, remedial and redress measures by giving effect to the obligation contained in the Convention to suppress forced labour. The Belgian NAP makes no direct reference to land. Develop a toolkit for companies and organizations on human rights This point presents the action of developing, in collaboration with experts and its main human rights stakeholders and organizations, a toolbox that will help companies prevent human rights violations and promote the respect for human rights through their activities. This “Toolbox” will be composed of different elements including concrete tools for applying the principle of human rights due diligence. Incorporate the principle of “due diligence” into the management of the company, also in the terms of human rights This is the main action point on human rights due diligence. Concretely, the action will consist of contacting those responsible for the two Belgian corporate governance codes in order to examine the possibility of integrating international developments, in particular with regard to human rights, which will entail the attempt to minimize the administrative burden on public authorities or enterprises, but without impairing the application and implementation of ambitious criteria and controls. The integration of the ‘due diligence’ obligation for companies covered by the EU Directive 2014/95/EU concerning human rights in the instruments of corporate governance will allow for the creation of new business opportunities, as well as clarify the expectation of the plublic authority vis-à-vis compabies, in particular companies that do not yet have a comprehensive social responsibility policy, with an emphasis on prevention rather than punishment. Promote state enterprises that are socially responsible Promouvoir les entreprises publiques socialement responsables This point touches upon human rights due diligence. The action’s objective is to create a learning network for public enterprises, which strives to bring together knowledge, to pool expertise and exchange experiences in order to realize CSR commitments and ambitions. Particular attention will be paid to how public enterprises can integrate and promote respect for human rights within their organization through tools such as reporting and/or “due diligence”. Encourage responsible supply chain management with a sector-wide approach Encourager la gestion responsable des chaînes d’approvisionnement avec une approche sectorielle The NAP mentions human rights due diligence in reference to severel OECD guidelines such as: There is no explicit reference to migrant workers in the Belgian NAP. The Action Plan does not give any concrete actions relating to NHRIs. In the introduction, the NAP states that: “It should be noted that Belgium does not yet have a national human rights mechanism (in casu, a national institute for human rights) based on the Paris Principles. In accordance with our international commitments, and the federal government agreement of 9 October 2014, the competent authorities will continue to work towards the development of such a national human rights mechanism by the end of the government legislature.” Read more about National Human Rights Institutions/ Ombudspersons Incorporate the principle of “due diligence” into the management of the company, also in the terms of human rights This action point focuses on due diligence. The NAP explains that “the OECD, and the EU, wants to make more non-financial information available. In this context, companies are encouraged to make public their policy on corporate ethics, social affairs, human rights, including, where applicable, in their supply chains, the human rights risks identified, their action plans to prevent any negative impacts and to remedy if necessary, and the measured impact of these action plans.” Alongside the federal government, the Wallonia, Flemish and Brussels governments are committed to encouraging the publication of non-financial reporting by large companies. Promote social reporting, including human rights Promouvoir les rapports sociétaux, droits de l’Homme inclus This is the main action point covering the issue of non-financial reporting. The NAP explains that given the adoption of the new EU directive 2014/95/EU, some major companies will be required to disclose non-financial information in their annual report relating to the environmental, social and human resource issues, respect for human rights and the fight against corruption and bribery. Companies that meet the conditions for making such a non-financial statement but that do not have a policy on one or more of the above-mentioned issues will be required to provide a clear and reasoned explanation of the reasons for this choice and to include it in this non-financial reporting. Belgium’s actions will include: Develop a toolkit for companies and organizations on human rights This point presents the action of developing, in collaboration with experts and its main human rights stakeholders and organizations, a toolbox that will help companies prevent human rights violations and promote the respect for human rights through their activities. This “Toolbox” will be composed of different elements including how companies can create grievance mechanisms. Prepare a brochure on grievance mechanisms related to public authority Elaborer une brochure sur les mécanismes de réparation liés à l’autorité publique This point states that the federal government will engage in a research mission to list all of the different state-based mechanisms (both judicial and non-judicial) that can be used in cases of human rights violations by companies or organizations (Belgian or foreign). The NAP explains that “it is the duty of the authorities to ensure effective remedies for the victims of human rights violations by companies and organizations. This is through appropriate judicial, administrative, legislative or other means. ..Reparation can take place in a variety of ways, ranging from public apologies to penalties (criminal or administrative), including compensation, rehabilitation, financial and non-financial compensation, and prevention of violations, for example through injunctions or guarantees of non-recurrence. Reparation procedures must be neutral, protected against corruption and free from political or other attempts to influence the outcome. The NAP further comments that in Belgium “various legal procedures (both judicial and extra-judicial procedures and grievance mechanisms) form the basis of the grievance system. Mediation procedures can be accessed through the OECD NCP, and different provisions included in the criminal law can be imposed through the Belgian courts, etc. However, many of these grievance mechanisms are insufficiently known about. The federal government will engage in a research mission to list all of the different state-based mechanisms (both judicial and non-judicial) that can be used in cases of human rights violations by companies or organizations (Belgian or foreign). Promote social reporting, including human rights Promouvoir les rapports sociétaux, droits de l’Homme inclus The mentions that in the “Baromètre RSE 2011” (see Action point 18), it was discovered that the theme of human rights was the third most important challenge identified by companies, while only 28% had a code of conduct that addressed human rights, merely 25% had grievance mechanisms for collecting complaints about human rights violations, and barely 9% had a human rights audit system. Promote existing qualitative initiatives on human rights and social responsibility The federal government explains that as part of the promotion of the application of the OECD Guidelines for Multinational Enterprises, the OECD NCP organized a seminar in early 2014, which highlighted the importance of the respect and promotion of human rights by companies. The Belgian NCP will organize a seminar targeting the fight against corruption for SMEs with the provision of a practical toolbox prepared in partnership with the Belgian Confederation of Enterprises and the International Chamber of Commerce and the Ministry of Justice. Encourage international framework agreements Encourager les accords-cadres internationaux This point briefly mentions the OECD NCPs in regards to the role it played in collaboration with NGOs on the promotion of the “Accord on Fire and Building Safety in Bangladesh”. The Belgian NCP had given its recommendations to all the enterprises active in the textile industry. Strengthen collaboration between public services and the various organizations active in the field of human rights and of international entrepreneurship The NAP states that various public services, in particular the MFA and the OECD NCP, have information on the human rights situation in different countries, due to their activities (this is the case of for the NCP); the local presence of Belgian representation; contacts with local civil society (especially human rights defenders), other “external” partners sensible to human rights issues (such as the delegations of the European Union and its Member States, the local offices of the United Nations and their specialized bodies, the Council of Europe, etc.) or with representatives of like-minded countries. The Belgian federal, Flanders and Wallonia governments will aim at gathering inputs at federal and regional levels from various stakeholders, which have information on human rights and how Belgian enterprises can avoid becoming complicit, directly or indirectly, in human rights violations. The analysis that emerges from this exercise will be transferred to the embassies and the competent services in Brussels, who will be able to rely on this input to provide more information to companies in the framework of their regular contacts with them. The NCP may, if appropriate, use the analysis to take initiatives to mitigate identified risks. Encourage responsible supply chain management with a sector-wide approach Encourager la gestion responsable des chaînes d’approvisionnement avec une approche sectorielle The NAP describes several tools of the OECD, which the federal government seeks to engage with through the Belgian NPC. It mentions that in 2013 the Belgian NCP initiated a series of consultations and interviews with various parties in the Belgian apparel sector; in 2014, it organized a round table discussion on non-ferrous metals; and in 2016 it held a round table with Belgian companies on the new OECD due diligence tool created for the agricultural industry. As new tools are expected for 2017 targeting other sectors, the NAP explains that the Belgian NCP will continue, through a sectoral approach, its work of informing and awareness-raising Belgian companies for a sustainable management of supply chains. Strenghten the OECD National Contact Point Renforcer le Point de Contact national (PCN) de l’OCDE This point cover he engagement with NCPs in detail. The action aims at strengthening the capacity of the Belgian NCP in order for it to fulfil its missions and play a more active role in the third pillar of the UNGPs – regarding the access to remedy through non-judicial grievance mechanisms. Lastly, the NAP states that “once a procedure is introduced to the NCP concerning the activities of a Belgian company abroad, at the explicit request of the NCP and the companies concerned and under the guidance of the NCP, the Belgian Embassy in the country concerned can play a role mediation.” Moreover, the federal government explains that strengthening the NCP “can contribute to support the different judicial or non-judicial measures in matters of respect for human rights by Belgian companies.” Educate Belgian companies on the problem of corruption and strengthen Belgian commitments on this theme This point indicates “awareness-raising of Belgian companies on the problem of corruption” as one of the main tasks to fight corruption. NCP will organize the events in collaboration with the Confederation of Belgian Enterprises and the International Chamber of Commerce. The Belgian NAP makes no direct reference to persons with disabilities. According to the Belgian NAP’s introduction, comments from the Advisory Council on Policy Coherence for Development were included during the drafting process. Belgium is committed to integrating human rights and corporate social responsibility (CSR) criteria into the local private sector development support strategy of Belgian cooperation This point explains that a strategy, “Belgian development cooperation and the local private sector: supporting human and sustainable development”, was formulated in April 2014. This strategy, which applies to the actions of businesses undertaken in the 14 priority countries of governmental cooperation, but also in the 52 countries of intervention of non-governmental actors and the Belgian Investment Company for Developing Countries (BIO), also insist on the importance of coordination and synergies to be developed on policy coherence and on a rigorous follow-up of the actions supported. Pay particular attention to the ratification of a series of ILO conventions to health and safety at work The federal government presents its plan of ratifying the ILO Convention No. 187 on occupational safety and health. The government explains that the Convention “seeks to implement concrete measures, in consultation with social partners, aiming at achieving a safe and healthy working environment, and in a coherent and concerted manner, through the development of a national policy, a national system and a national program on occupational safety and health.” The Belgian NAP does not explicitly address privatisation. Promote existing qualitative initiatives on human rights and social responsibility The Flemish Government presents its three-year funding project with the ILO “Private and Public Procurement and the Social Economy, South Africa” (for an amount of € 1,735,926 €). Flanders intends to support the social economy and businesses so that they make better use of the regulatory framework for procurement of their goods and services. The project aims at: Strengthen and monitor the respect for human rights in public procurement Renforcer et contrôler le respect des droits de l’Homme dans les marchés publics This is the main action point on public procurement, and covers specific plans for the federal governments as well as all three Belgian regions. The federal government engagements include: The Wallonia engagements include: The government of Bruxelles’ engagements include: The Flemish engagements include: The NAP does address the issue of the security sector. Promote existing qualitative initiatives on human rights and social responsibility Promouvoir les initiatives qualitatives existantes relatives aux droits de l’Homme et à la responsabilité sociétale The federal government explains that the Belgian National Contact Point will organize a seminar targeting the fight against corruption for SMEs with the provision of a practical toolbox prepared in partnership with the Belgian Confederation of Enterprises and the International Chamber of Commerce and the Ministry of Justice. The Flemish government plans a sustained and sectoral approach to social responsibility as companies operating in the same sector face similar challenges. Thus in consultation with the sectoral organizations, the Flemish authorities will support these organizations and their members in order to sustain their value chains and management of their businesses. In 2016, the Department of Labor and Social Economy will launch a call for the reduction of the difficulties of individual organizations (SMEs, social profit and other organizations) for the determination or for taking social responsibility. On the context of development of SMEs in South Africa, the NAP mentions that the strategy note aims at job creation through the development of SMEs. This priority is based on the recognition that the high unemployment rate in the labor force, especially among young people, is one of the most important underlying causes of inequality in South Africa. The collaboration between Flanders and South Africa therefore provides support services for SMEs in general and in the social economy sector in particular. The Flemish government is funding the project ‘Job creation through SME Development – A knowledge sharing project’. This project has a duration of three years (ends December 2017) and has the objective of creating a better business climate for SMEs by taking initiatives to facilitate the creation and development of SMEs through knowledge exchange, coordination and collaboration between interested parties. Belgium is committed to integrating human rights and corporate social responsibility (CSR) criteria into the local private sector development support strategy of Belgian cooperation La Belgique s’engage à intégrer des critères « droits de l’Homme » et de Responsabilité sociétale des entreprises (RSE) dans la stratégie d’appui au développement du secteur privé local de la coopération belge This point explains that strategy of the Belgian cooperation for development also aims at improving the access to financing for micro, small and medium-sized enterprises (MSMEs) and capacity building of MSME entrepreneurs. One of BIO’s purposes is to invest, directly or indirectly, in the development of MSMEs and social economy enterprises located in developing countries in the interest of economic progress and social security of these countries, while ensuring an adequate return. Strengthen and monitor the respect for human rights in public procurement Renforcer et contrôler le respect des droits de l’Homme dans les marchés publics The NAP states that the Flemish government intends to emphasize innovation, sustainability, professionalisation and access to SMEs within the Flemish public procurement plan for the period 2016-2020. Evaluate the Belgian label to promote socially responsible production Evaluer le label belge visant à promouvoir la production socialement responsible This point presents “the Belgian label” that was a product label created in 2002 and promulgated by law to promote socially responsible production. While the plan includes a reevaluation of the law, such an assessment will take into account the specificity of SMEs both in the analysis and proposals. Promote best practice of SMEs that adopt responsible supply chain management, especially through the « CSR Compass » tool Promouvoir les bonnes pratiques des PME qui adoptent une gestion de la chaine d’approvisionnement responsable, notamment grâce à l’outil « CSR Compass » This point has a special focus on SMEs. Actions from the government of Wallonia will include the promoting vis-à-vis companies the ready-made instruments, also covering the CRS compass. Concretely, this will involve setting up workshops for exchanges between companies of the same sector and the creation of a practical guide for SMEs wishing to improve the ethics in their supply chain. Endorse best practice of businesses Mettre en avant les pratiques exemplaires des entreprises The government of Wallonia mentions an engagement that will consist of publishing the initiatives developed by companies and on the other hand Walloon initiatives supporting the adoption of practices respecting human rights by SMEs. Train companies in the field of respect for human rights Former les entreprises dans le domaine du respect des droits de l’Homme This point briefly mentions SMEs in the context of Wallonia’s engagement with educational and public policy initiatives. The NAP mentions that “public policy initiatives may target intermediaries to ensure that human rights issues are permanently and actively integrated into education and training activities. In this respect, a link could be set up with the “training voucher” system of the Walloon Region. The aim of this system is to promote the training of workers engaged in SMEs or self-employed persons in the Walloon Region. To this end, they are invited by the Walloon Region to participate in training courses during or outside normal working hours.” The Belgian NAP makes no direct reference to state-owned enterprises or public-private partnerships. Read more about State Owned Enterprises/ Public Private Partnerships Develop a toolkit for companies and organizations on human rights Elaborer une boîte à outils destinée aux entreprises et organisationsconcernant les droits del’Homme This point presents the action of developing, in collaboration with experts and its main human rights stakeholders and organizations, a toolbox that will help companies prevent human rights violations and promote the respect for human rights through their activities. This “Toolbox” will be composed of different elements including the management of supply chains. Strengthen and monitor the respect for human rights in public procurement Renforcer et contrôler le respect des droits de l’Homme dans les marchés publics This is the main action point on public procurement, but also engages with the issue of supply chain management. The federal government explains that “since certain sectors are more sensitive than others to possible human rights violations, especially when certain parts of the supply chain are in “at risk” countries, it is not enough to include clauses if they are not (or cannot) be controlled subsequently. Moreover, companies wishing to enter into public procurement contracts are not always familiar with supply chains and can rarely guarantee what is happening throughout their supply chains.” The Working Group on Sustainable Public Procurement analyzed various case studies on monitoring compliance with ILO clauses and human rights in supply chains in order to test, through pilot projects, whether such an initiative is feasible in Belgium. Implementation and follow-up of this initiative will be carried out in cooperation with the relevant federal, regional and local administrations. Evaluate the Belgian label to promote socially responsible production Evaluer le label belge visant à promouvoir la production socialement responsible This point includes issues of supply chain management. It presents “the Belgian label” that was a product label created in 2002 and promulgated by law to promote socially responsible production. Companies able to demonstrate that core labor standards were respected throughout their supply chain for their products and services can apply the “Belgian social label” to these products and services. Incorporate the principle of “due diligence” into the management of the company, also in the terms of human rights Supply chains are briefly mentions in relation to the publication of human rights reports: “companies are encouraged to make public their policy on corporate ethics, social affairs, human rights, including, where applicable, in their supply chains, the human rights risks identified, their action plans to prevent any negative impacts and to remedy if necessary, and the measured impact of these action plans.” Promote best practice of SMEs that adopt responsible supply chain management, especially through the « CSR Compass » tool Promouvoir les bonnes pratiques des PME qui adoptent une gestion de la chaine d’approvisionnement responsable, notamment grâce à l’outil « CSR Compass » The NAP presents “one of the most relevant instruments developed by the European Commission on supply chain management” being the responsible supply chain management portal, CSR Compass. Actions from the government of Wallonia will include the promoting vis-à-vis companies the ready-made instruments, also covering the CRS compass. Concretely, this will involve setting up workshops for exchanges between companies of the same sector and the creation of a practical guide for SMEs wishing to improve the ethics in their supply chain. Encourage responsible supply chain management with a sector-wide approach Encourager la gestion responsable des chaînes d’approvisionnement avec une approche sectorielle The NAP explains that different initiatives have been taken in the past to contribute to the respect for human rights in supply chains. The “OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from ConflictAffected and High-Risk Areas” was the first example of a collaborative, multi-stakeholder initiative supported by the OECD for responsible management of mineral supply chains located in conflict areas. The NAP states that the NCP had organized a round table in 2014 with the objective of collecting reactions and questions to the “OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas”. One of the aimed actions will be for the NCP to continue its work of informing and spreading knowledge to Belgian companies on the sustainable management of the supply chains through a sectoral approach. The Belgian NAP does not directly address tax. This globalization presents extraordinary opportunities for an open and commercially engaged country like Belgium. It also makes Belgium’s companies social actors in countries where they are active, far beyond the purely economic aspect. This reality cannot be conceived of an isolation from the rest of our foreign policy. Very committed to the universal principles of human rights as well as the 2030 Agenda for Sustainable Development, Belgium wants to help its companies, whether public or private, to take these considerations structurally and horizontally in their operations in Belgium, certainly, but also abroad. Belgium is fully aware that if it is to be effective, this work must be done in a concerted manner and in collaboration with business and civil society, NGOs, and trade unions It is in this spirit that in 2011 we supported the resolution of the Human Rights Council, which adopted the UN Guiding Principles on Business and Human Rights (UNGPs), the product of many years of consultation with all stakeholders (companies, NGOs, trade unions) and with the full support of the latter. It is also in this spirit that Belgium is committed in the government agreement to adopt a National Action Plan (NAP) implemented its Guiding Principles. At the instigation of the institutions of the European Union, the Flemish, Walloon, and Brussels federal and regional governments have decided to develop a National Action Plan (NAP) implementing the Guiding Principles on Business and Human Rights, unanimously adopted on 17 June 2011 by the United Nations Human Rights Council. This plan will also provide an opportunity to reaffirm Belgium’s support for a number of commitments made in other forums that overlap with the same principles, such as the Guidelines for Multinationals (revised in 2011) of the Organisation for Economic Cooperation and Development (OECD) or a series of commitments made at the level of the International Labour Organization (ILO). In addition, this plan contributes to Belgium’s efforts to achieve the 2030 Agenda for Sustainable Development, and in particular, Goal 8 “Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all” and Goal 12 “Establish Sustainable Consumption and Production Patterns”. Belgian SDG Charter on the role of the private sector, civil society, and the public sector on international cooperation (Page 27) Federal Government Action: In 2016, Belgian development cooperation initiated the drafting and signing of a Belgian SDG Charter on the role of the private sector, civil society, and the public sector on international cooperation. The first step in the realization of this Charter was the organization of a round table at the beginning of February 2016, which brought together some 40 CEOs from companies active in developing countries to give them more information about the 2030 Agenda and the role that could be reserved for the Belgian public sector. The Belgian NAP does not explicitly address the Tourism sector. Strengthen collaboration between public services and the various organizations active in the field of human rights and of international entrepreneurship Renforcer la collaboration entre les services publics et diverses organisations actives dans le domaine des droits de l’Homme et de l’entrepreneuriat international This point brieflyy references the issue of trade in regards to the government of Bruxelles objective to “ask its economic and trade personnel abroad to disseminate the information gathered by the federal government on the human rights situation of the specific country in question, to the companies that use their services.” Belgium is committed to integrating human rights and corporate social responsibility (CSR) criteria into the local private sector development support strategy of Belgian cooperation La Belgique s’engage à intégrer des critères « droits de l’Homme » et de Responsabilité sociétale des entreprises (RSE) dans la stratégie d’appui au développement du secteur privé local de la coopération belge This point in the Belgian NAP briefly mentions “the promotion of fair and sustainable trade and the support of social economy and the favoring of socially responsible entrepreneurship” as one of the areas that the cooperation for Belgian development will monitor. Ensure better coordination between federal and regional authorities in order to integrate criteria relating to human rights and socially responsible entrepreneurship in public aid Assurer une meilleure coordination entre les autorités fédérales et régionales afin d’intégrer des critères relatifs aux droits de l’Homme et à l’entrepreneuriat socialement responsable dans les aides publiques This point aims at bringing together the various public services that work with Belgian companies on trade and foreign investment in order for them to exchange information at regular intervals. In this context, the government will examine a common method to integrate into the evaluation of applications the promotion of human rights and other aspects of social responsibility. Strengthen and monitor the respect for human rights in public procurement Renforcer et contrôler le respect des droits de l’Homme dans les marchés publics The Flemish Government briefly mentions fair and sustainable trade in its aim to support buyers in the integration of social criteria in public procurement. It also includes diversity, accessibility, and the inclusion of people from vulnerable groups. Advocate for strengthening the integration of sustainable development (including human rights) in free trade agreements This point presents the issue relating to free trade. “Trade,” it mentions, “must have a positive impact on work and environment.” The federal government expresses that within the European framework, Belgium wants to link free trade to a form of trade that is more sustainable. This will consist of monitoring the inclusion of human rights, as provided by the international treaties, in free-trade agreements. Also the action point describes that “any new trade or investment agreement must not have negative impact on sustainable development.” The Belgian authorities will actively engage in all European trade or investment treaties, in favor of the inclusion of sustainable development and the presence of social and environmental norms based on international standards.Moreover, the region of Bruxelles, mentions that HRIAs will be conducted before the ratification of any investment or trade agreements. Import, export and transit of arms, ammunition, military and law enforcement equipment and dual-use goods This point specifically concerns the trade of arms. The Flemish government states that the human rights criterion is strengthened in the Flemish Arms Trade Decree, to avoid, as a general rule, goods being delivered either directly or through unreliable or private enterprises, to actors found to be guilty of violations of human rights. However, several shortcomings to the Decree have been identified, and the objective is to address the gap through different optimization efforts both within the public and private sector. For instance, the Flemish government plans “to incorporate a broad legal basis to the Decree subordinating all transits to authorization requirement,” and “support Flemish companies in the development or improvement of their internal control programs until compliance of enforcement procedures.” In the baseline analysis, workers’ rights was identified as one of the core issues that the NAP should cover. Encourage international framework agreements Encourager les accords-cadres internationaux This point briefly mentions that international agreements “are mainly based on the ILO Declaration on Fundamental Principles and Rights at Work.” And that “a large number of agreements are also targeting suppliers and subcontractors”. It also describes that in September 2007, the International Metalworkers’ Federation, the International Federation of Chemical Workers and Umicore concluded an international framework agreement, including the respect for human rights, labor rights and the environment . Umicore’s agreement was the first ever concluded by a Belgian multinational company. Strengthen and monitor the respect for human rights in public procurement Renforcer et contrôler le respect des droits de l’Homme dans les marchés publics The NAP explains that procurement policy considers compliance with the Basic Conventions of the International Labor Organization as an essential performance criterion. However, procurement policy could also include more specific emphasis on the respect for other human and labour rights. Evaluate the Belgian label to promote socially responsible production Evaluer le label belge visant à promouvoir la production socialement responsible This point presents “the Belgian label” that was a product label created in 2002 and promulgated by law to promote socially responsible production. Companies able to demonstrate that core labor standards were respected throughout their production chain for their products and services, can apply the “Belgian social label” to these products and services. The Minister for Economic Affairs grants the label on the basis of a binding opinion by a stakeholder committee. While the Belgian social label guarantees consumers the respect for human rights, and labor rights in particular, throughout the entire supply chain, a series of limitations seem to have held back its success. The planned action includes drawing up these limitations, so that solutions can be formulated for the relaunch of a new upgraded label. Moreover, the NAP suggests that the information collected from the research may be useful for the discussion on introducing a “Made in Europe” label, which should promote respect for European standards, including the respect for human rights, with particular attention on workers’ rights and products. Advocate for strengthening the integration of sustainable development (including human rights) in free trade agreements The federal government states that during negotiations at the European level, Belgium will advocate for the respect and inclusion of fundamental labour rights and international environmental standards – including in cases of development cooperation – in investment agreements and free trade agreements. Pay particular attention to the ratification of a series of ILO conventions to health and safety at work This point addresses the issue of workers’ rights, particularly the issue of the right to health and security at work. Engagements will include the ratification of: The government explains that by ratifying these key safety and health conventions “Belgium will not only strengthen its own occupational health and safety system, but also to encourage Implementation of the Flemish Action Plan “Sustainable International Entrepreneurship 2014-2015-2016” The government of Flanders states that “besides the need to raise awareness of international guidelines and to provide support for their implementation, there is a specific need for practical advice and instructions (on environmental standards, labor rights, human rights) to apply sustainable international entrepreneurship in selected countries and sectors.Children’s rights
Action Point 19
Action point 24
Action point 33
Conflict-affected areas
Action point 22
Construction sector
Action point 26
Corporate law & corporate governance
Action point 4
Action point 9
Action point 15
Action point 29
Corruption
Action point 2
Action point 3
Action point 4
Action point 16
Action point 19
Action point 27
Data protection & privacy
Section 5
Development finance institutions
Action point 10
Digital technology & electronics sector
Energy sector
Environment & climate change
Action point 10
Equality & non-discrimination
Action point 19
Action point 25
Export credit
Action point 11
Action point 20
Extractives sector
Action point 13
Extraterritorial jurisdiction
Action point 5
Finance & banking sector
Action point 11
Action point 12
Fisheries and aquaculture sectors
Forced labour & modern slavery
Action point 19
Action point 24
Freedom of association
Action point 19
Garment, Textile and Footwear Sector
Encourages international framework agreements
Strengthen and monitor respect for human rights in public procurement
Encouraging responsible supply chain management with a sector-specific approach
Gender & women’s rights
Action point 25
concerned parties of the Equal Remuneration Convention No. 100 and Discrimination Convention No. 111 of the ILO.Action point 4
Guidance to business
Action point 5
Action point 7
Action point 10
Action point 22
Action point 24
Action point 27
Action point 28
Health and social care
Human rights defenders & whistle-blowers
Action point 9
Human rights impact assessments
Action point 17
Action point 15
Indigenous peoples
Investment treaties & investor-state dispute settlements
Action point 17
Judicial remedy
Action point 2
Action point 3
Action point 5
Action point 24
Land
Mandatory human rights due diligence
Action point 1
Action point 15
Action point 20
Action point 22
Migrant workers
National Human Rights Institutions/ Ombudspersons
Non-financial reporting
Action point 15
Action point 16
Non-judicial grievance mechanisms
Action point 1
Action point 2
Action point 16
OECD National Contact Points
Action point 4
Action point 8
Action point 9
Action point 22
Action point 23
Action point 27
Persons with disabilities
Policy coherence
Action point 10
Action point 26
Privatisation
Public procurement
Action point 4
Action point 13
Security sector
Small & medium-sized enterprises
Action point 4
Action point 10
Action point 13
Action point 14
Action point 19
Action point 31
Action point 32
State Owned Enterprises/ Public Private Partnerships
Supply chains
Action point 1
Action point 13
Action point 14
Action point 15
Action point 19
Action point 22
Taxation
The 2030 Agenda for Sustainable Development
Preamble
Foreword
Action Point 6
Tourism sector
Trade
Action point 9
Action point 10
Action point 11
Action point 13
Action point 17
Action point 33
Workers’ rights
Action point 8
Action point 13
Action point 14
Action point 17
Action point 26
other countries to follow through.”Action point 28
Belgium: 2nd NAP (2024 - 2029)
NAP Development Process
Status
Belgium published a second NAP on 5 April 2024 – see here for more information.
Process
On 10 February 2021 a National Baseline Assessment was presented to the public by the Belgian Deputy Prime Minister. The Belgian Government used this launch to officially announce it would begin to develop a second national action plan on business and human rights. The main report is available here and a stand-alone executive summary is available here.
The consortium HIVA-KU Leuven and The Law and Development Research Group (University of Antwerp), IPIS Research and FIDO/IFDD hosted a virtual stakeholder consultation on February 10, where the research team presented the findings of the National Baseline Assessment for Human Rights, and all stakeholders were given the opportunity to ask questions and/or to react to the findings. See video recordings below:
– French
– English
– Dutch
Similar to the drafting process of the first NAP, the drafting process of the second Belgian NAP was led by the Working Group on Social Responsibility within the Interdepartmental Commission for Sustainable Development. This Working Group was led by the Federal Institute for Sustainable Development together with the Department of Foreign Affairs, Foreign Trade and Development Cooperation. The Interdepartmental Commission includes representatives from various government departments, both from the federal level and from the regional entities.
After the development and subsequent approval by the Coordinating Committee on Foreign Policy of a roadmap for the second NAP, stakeholders were consulted from January to June 2022. Following these stakeholder consultations, the members of the Interdepartmental Commission consulted several government agencies regarding the results of the NBA and the received input from stakeholders. Each government department, both federal and regional, considered within its competencies what actions and initiatives can be taken to remedy the shortcomings that were identified in the NBA, as well as what other actions can be undertaken concerning the topic of business and human rights.
Between January and June 2023, negotiations took place between representatives of the different governments to further increase the level of ambition of the content and improve the coherence of the actions in the draft of the NAP. This six-month negotiation period provided opportunities to balance the ambition, relevance and feasibility of the proposed actions. Some of them were narrowed in the end, and some of them expanded. Moreover, several new actions were added, particularly by the Department of Justice, regarding the third pillar of the UNGPs.
After validation by the representatives of the separate governments in July 2023, the consolidated draft was submitted to the stakeholders once again.
During the second half of 2023, ten national, regional and federal advisory councils were consulted. After processing the input of those councils, the Interdepartmental Commission finalised the draft text of the second NAP. The draft NAP was then submitted to the two competent federal ministers, the Minister of Foreign Affairs and the Minister of Sustainable Development.
On 5 April 2024, the second Belgian NAP was published.
Stakeholder Participation
During the stakeholder consultation period from January to June 2022, different groups of stakeholders in Belgium were asked to submit their recommendations and suggestions for actions in the second NAP. The results of the National Baseline Assessment (NBA), which was finalised in 2021, served as a starting point for stakeholders to provide their input on the actions in the second NAP.. The various contributions were processed by an independent third party, a consortium composed of HIVA-KU Leuven and the Brussels School of Governance. The consortium published a final report of compiling stakeholder input in early June 2022 (available in Dutch and French).
In June 2022, Belgium hosted a peer exchange meeting on policy developments in the BHR field with representatives from Belgium, France, the Netherlands, Germany, Kenya, and the EU to discuss recent developments on NAPs and mandatory human rights due diligence.
A second round of stakeholder consultation took place in the summer of 2023 (see process description above).
Transparency
The organisations which conducted Belgium’s NBA published a website with relevant information on the NBA development process and where stakeholders could submit new information. Belgian embassies, international NGOs and trade representatives present in other States were informed of the website in attempt to increase the outreach to foreign stakeholders affected by Belgian businesses.
The roadmap mentioned in the second NAP and the input and recommendations by stakeholders are not publicly available.
National Baseline Assessment (NBA)
• Published in March 2021 and available here. A standalone executive summary is available here.
• Commissioned and funded by the State (the Belgian Federal Institute for Sustainable Development) to measure implementation of the inaugural BHR NAP, which was published in June 2017, and provide recommendations for a 2nd BHR NAP, which is under development as of February 2023.
• Conducted by academics from the research institutes of HIVA-KU Leuven and the Law and Development Research Group from the University of Antwerp.
• Utilised the DIHR/ ICAR National Baseline Assessment Template (for Pillars I and III) and the Corporate Human Rights Benchmark (CHRB) core indicators (for Pillar II). Based on desktop research, stakeholder interviews, consultations, and written feedback on drafts. Contains recommendations.
Lessons learned from the NBA process in Belgium were included in a 2023 publication ‘An Overview of National Baseline Assessment on Business and Human Rights‘.
On 10 February 2021 the NBA research team conducted a final online stakeholder consultation to present the NBA findings. A video summary of the presentations in the final consultation is available online.
Follow-up, monitoring, reporting and review
The second Belgian NAP contains 16 chapters, covering a total of 67 actions. The description of each action indicates which actor(s) are responsible for implementing the action in question. Consequently, each government in Belgium is responsible for the actions to which it has committed. The NAP is valid for a period of 5 years. A follow-up of the implementation of the actions will be carried out annually by the Working Group on Social Responsibility and can be consulted via this website.
The NAP states that, after three years, a National Baseline Assessment will be conducted regarding business and human rights in Belgium, accompanied by a stakeholder consultation. Based on this assessment, it may be decided to adjust or update the NAP. Moreover, based on the NBA, a progress report on the implementation of the NAP will be drawn up and published here.
Additional resources
- Second Belgian NAP: nap-bhr-2-0_nl_finaal.pdf (developpementdurable.be)
- Press release: ‘Belgie heeft een nieuw nationaal actieplan voor bedrijven en mensenrechten 2024-2029’, België heeft een nieuw nationaal actieplan voor bedrijven en mensenrechten 2024-2029 | Zakia Khattabi (belgium.be)
- ’EEN NIEUW NATIONAAL ACTIEPLAN “ONDERNEMINGEN EN MENSENRECHTEN” (2024-2029) VOOR BELGIË’, Een nieuw Nationaal Actieplan “Ondernemingen en mensenrechten” (2024-2029) voor België | FIDO (developpementdurable.be)
- News.Belgium, ’Tweede Nationaal Actieplan Ondernemingen en Mensenrechten 2024-2029’, Tweede Nationaal Actieplan Ondernemingen en Mensenrechten 2024-2029 | News.belgium