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
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)
• 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.
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.”
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.”
Action point 24
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:
Systematic reference in international fora and bilaterally to concerned States on the ratification of Conventions Nos. 138 (on minimum age) and 182 (on the worst forms of child labor) of the ILO.
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.
Continued support to UNICEF activities, including the publication of the reading guide for the Committee on the Rights of the Child’s Observation No. 16 and the creation of a platform for businesses that wish to commit to the basis of the Principles governing businesses in the field of children’s rights.
Emphasis on children’s rights in awareness building throughout the network of Belgian diplomacy, particularly through active distribution of the Principles governing businesses in the area of children’s rights in the Toolbox set out in Action Point 1.
Ratification of the Protocol of 2014 to the ILO Convention on Forced Labor.”
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.”
Action point 33
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.
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.
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.”
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.
Action point 9
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.
Action point 15
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.
Action point 29
Facilitating the circulation of knowledge in the field of human rights and CSR
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.
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.”
Action point 3
Recommendations for improving access to a judicial grievance mechanism
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.”
Action point 4
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.
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.
Action point 19
Promote best practice of SMEs that adopt responsible supply chain management, especially through the « CSR Compass » tool
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:
Systematic reference in international and bilateral fora of Belgium’s ratification of the international anti-corruption conventions.
Coordination by the Ministry of Foreign Affairs on the different ministerial techniques involved in the fight against corruption to respond to the periodic evaluations of international organizations in compliance and effectiveness of internal anti-corruption measures.
Follow-up and presence at the working groups of international organizations on anti-corruption issues and development of best practice.
Awareness-raising of Belgian companies on the problem of corruption (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 on the prevention of corruption in companies, the Ministry of Justice: capacity training of investigation and judicial authorities in the field of corruption).
Awareness-raising of Belgian companies abroad to the risk of corruption through the network of Belgian diplomacy through instruction emails sent out to the diplomatic posts in order for the 1999 OECD Convention and the Guide to best practice to reach Belgian companies that are active within their jurisdiction.
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:
The right to life, liberty, and personal security;
The right to equality and non-discrimination;
The right of labourers;
The right to a clean and healthy environment;
The right to protection of privacy and the private life;
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:
Reinforce the capacities of public institutions of developing countries who are charged to create a favourable framework for the development of the private sector;
Improve the access to financing for the micro, small, and middle-size enterprises (MPME);
Reinforce the capacities of business people of micro, small, and middle-size enterprises;
Promote equitable and durable commerce in order to support the social economy and favour socially responsible businesses.
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.
Strengthen and monitor respect for human rights in public procurement
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:
Reinforce the capacities of public institutions of developing countries who are charged to create a favourable framework for the development of the private sector;
Improve the access to financing for the micro, small, and middle-size enterprises (MPME);
Reinforce the capacities of business people of micro, small, and middle-size enterprises;
Promote equitable and durable commerce in order to support the social economy and favour socially responsible businesses.
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.
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.
Action point 25
Give special attention to the ratification, support, and promotion of a series of ILO conventions relating to the rights of women (Page 62)
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:
Ratification of conventions of the ILO in this domain
◊ C156 – Convention on Workers with Family Responsibilities;
◊ C189 – Convention on Domestic Workers;
Ratification of the Convention 175 on part-time work. The standards on part-time work have bcome instruments increasingly important to address issues such as the pursuit of equality between men and women;
Emphasis on the rights of women in awareness-raising carried out by the network of Belgian diplomacy;
Systematic reference in international forums and bilaterally to ratification by the countries concerned of the Equality Pay Convention No. 100 and ILO Discrimination (Employment and Occupation) Convention no. 111
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.”
Action point 20
Promote state enterprises that are socially responsible
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.”
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.
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…”
Action point 12
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 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.
The Belgian NCP had issued recommendations for all companies active in the textile sector. – page 30
Strengthen and monitor respect for human rights in public procurement
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
Encouraging responsible supply chain management with a sector-specific approach
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
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:
Ratification of ILO conventions in this field: C156 – Workers with Family Responsibilities Convention; C189 – Domestic Workers Convention.
Ratification of Convention No. 175 on part-time work. Standards on part-time work have become increasingly important instruments in addressing issues such as gender equality.
Emphasis on women’s rights in awareness-raising through the network of Belgian diplomacy
Systematic reference in international and bilateral fora to ratification by
concerned parties of the Equal Remuneration Convention No. 100 and Discrimination Convention No. 111 of the ILO.
Action point 4
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.
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.
The regional governments added that they will spread the toolbox to enterprises through agencies Flanders Investment & Trade, l’Agence wallonne à l’Exportations et à aux Investissements étrangers (AWEX ), l’Agence pour l’Entreprise et l’Innovation (AEI), Bruxelles Invest & Export – as well as other regional institutions. At least every second year, economic and trade attachés from the Brussels Invest & Export gather for a one-week seminar in Brussels. On this occasion, Brussels Invest & Export will propose an awareness-raising session on the theme of “Business & Human Rights”.
Action point 7
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.
Action point 10
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.
Action point 22
Encourage responsible supply chain management with a sector-wide approach
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.
Action point 24
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.
Action point 27
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).
Action point 28
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.”
« 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:
ILO Convention No. 187 on Occupational Safety and Health. This important international labour standard is intended to promote a culture of prevention in health and safety. This Convention aims to implement concrete measures, in consultation with the social partners, in order to gradually achieve a safe and healthy working environment, 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;
Convention No. 167 on Safety and Health in Construction. The instrument of ratification of this Convention will be deposited in Geneva in June 2016;
Convention No. 170 on Safety in the Use of Chemical Substances at Work.
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.
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.
Action point 15
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.
Action point 20
Promote state enterprises that are socially responsible
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”.
Action point 22
Encourage responsible supply chain management with a sector-wide approach
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.
The Flemish government furthers that in addition to “sustainable impact assessments”, they will also urge the EU to engage with “human rights impact assessments”, and that such an impact assessment is made within each free trade negotiation.
The region of Brussels will ensure that a HRIA has been carried out before any ratification of investment and trade agreements, and that any major negative impact on the respect, protection and promotion of human rights has not been detected in third-party countries.
Action point 15
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 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.”
Flanders mentions its support of the EU’s efforts to include separate chapters covering sustainable development, in which the environment, labour (including dignity in work) and transparency (including consultation with civil society) in free trade and investment agreements. Flanders aims to continue its advocacy for the inclusion of clauses promoting socially responsible entrepreneurship, including compliance and enforcements mechanisms, into these chapters.
Flanders also mentions its support to the EU practice of always referring, in the preambles to these agreements, to the Universal Declaration of Human Rights.
The Flemish government also stated that it is funding the ILO project ‘Workers’ rights in globalising economies: assessment of labour provisions in trade and investment arrangements’ for an amount of € 450,000 (Flemish ILO Trust Fund). The project started in July 2014 and will be completed in the course of 2016.
The main purpose of this project is to conduct a survey on how employment standards and arrangements are reflected in trade and investment agreements, and what effect these provisions have on the employment situation in the country with which the agreement was concluded.
The region of Brussels will ensure that a HRIA has been carried out before any ratification of investment and trade agreements, and that any major negative impact on the respect, protection and promotion of human rights has not been detected in third-party countries.
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.
Action point 3
Recommendations for improving the access to a judicial grievance mechanism
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.
Action point 5
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.
Action point 24
Pay special attention to the issue of children’s rights in awareness raising of enterprises
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 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.”
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.
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:
Firm transposition of the directive 2014/95/EU so that it is quickly and clearly established what is expected from companies as part of the non-financial reporting.
Consult with stakeholders on this issue. In collaboration with employers’ organizations, clear communication will be put in place to inform large companies about the new obligations that will enter into force from 2017 onwards.
Insist within the European Commission on support measures, for large enterprises that are obliged to publish reports on this issue, as well as for small and medium-sized enterprises and other organizations that wish to do so on a voluntary basis.
Regarding reporting by public services, the federal public services will have to draw up a social report every second year, with the objective of cross-cutting sustainable development in management of contracts. This report should be prepared in accordance with the guidelines of the Global Reporting Initiative. The reports will be published, inter alia, through the website: http://www.rs.belgium.be/en/
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.
Action point 2
Prepare a brochure on grievance mechanisms related to public authority
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).
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.
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.
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.
Action point 9
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.
Action point 22
Encourage responsible supply chain management with a sector-wide approach
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.
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.”
Action point 27
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.
According to the Belgian NAP’s introduction, comments from the Advisory Council on Policy Coherence for Development were included during the drafting process.
Action point 10
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.
Action point 26
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 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:
Re-evaluating, among stakeholders, the role of public and private procurement as a stimulus for job creation in the social economy.
Enabling and stimulating an environment for public and private procurement by social enterprises.
Offer better assistance to social enterprises, for aspiring, beginning and established entrepreneurs.
Action point 13
Strengthen and monitor the respect for human rights in public procurement
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:
An examination by the Working Group on Sustainable Public Procurement of the Interdepartmental Commission for Sustainable Development on how to strengthen and optimize the integration of respect for human rights into the purchasing policy of the public authorities. This will include stakeholder consultations.
The transposition of the EU public procurement directives (Directives 2014/24/EU and 2014/25/EU). Monitoring activities will pay particular attention to the application of award criteria, in particular to the application of price as the sole award criterion.
The government will analyze the best way to verify and monitor compliance with the criteria set out in the procurement procedure for products and services in several sensitive sectors, some of which are produced in so-called “risk” countries, in order to ensure that the requirements relating to respect for human rights set out in the specifications have been complied with. Existing best practice in European countries will be used as sources of inspiration.
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.
The Wallonia engagements include:
As participant of the Working Group on Sustainable Public Procurement the public service of Wallonia will also be part of above-mentioned research with the aim of identifying optimization processes for the integration of human rights in public procurement policy.
Moreover, the Wallonia and Bruxelles regions have established a portal for public procurement in 2009. A series of tools have been developed and/or gathered into the portal to favour the inclusion of environmental, social and ethical criteria in public procurement.
In 2013, the government of Wallonia decided to set up a purchasing policy on sustainable public procurement, in which Wallonian contracting entities are invited to register for their purchases of supplies, services and works.
Reflections and workshops are conducted to strengthen the environmental, social and ethical clauses in public procurement relating to certain product categories. This includes human rights.
By the end of 2016 the public procurement plan will be renewed for the period 2017-2019 and will include several actions to make purchases more sustainable in Wallonia.
Additionally, Wallonia will organize a competition to promoting public procurement contracts that incorporate ambitious environmental, social and/or ethical criteria, rewarding public purchasers and companies that have concluded such contracts.
The government of Bruxelles’ engagements include:
In 2014, the region adopted an order on the inclusion of environmental and ethical clauses in public procurement by regional and local authorities. The aim of including such ethical clauses is the respect for the fundamental rights of persons or social impartiality. Within each contracting authority there shall also be appointed at least one contact person responsible for ensuring the implementation of this order; the implementation of which shall be assessed every 3 years.
The Flemish engagements include:
In 2016, the 2016-2020 Plan on Flemish Public Procurement was approved, a plan that emphasizes innovation, sustainability, reduction of human rights violations in supply chains, professionalization and access of SMEs.
Pilot projects (related to plan mentined above) in this context the political fields of “Employment and Social Economy” and “Chancellery and Public Governance” will, together with the buyers of the various contracting authorities, monitor the credibility of the supporting documents (concerning the respect for human rights, etc.) and the respect for ILO core Conventions. This is necessary in order to verify that the human rights criteria included in the conditions are also effectively complied with. In this respect, the Flemish Authority will concentrate primarily on the procurement of textile products.
Support buyers in the integration of social criteria in public procurement contracts. It especially includes diversity, accessibility, and the inclusion of people from vulnerable groups. The pilot project aims at giving a practical benchmark instrument to buyers, which can be used systematically in each part of the public contract.
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.
Action point 10
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 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.
Action point 13
Strengthen and monitor the respect for human rights in public procurement
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.
Action point 14
Evaluate the Belgian label to promote socially responsible production
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.
Action point 19
Promote best practice of SMEs that adopt responsible supply chain management, especially through the« CSR Compass » tool
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.
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.
Action point 32
Train companies in the field of respect for human rights
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.”
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.
Action point 13
Strengthen and monitor the respect for human rights in public procurement
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.
In 2016, the 2016-2020 Plan on Flemish Public Procurement was approved, a plan that emphasizes innovation, sustainability, reduction of human rights violations in supply chains, professionalization and access of SMEs
Action point 14
Evaluate the Belgian label to promote socially responsible production
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.
Action point 15
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.”
Action point 19
Promote best practice of SMEs that adopt responsible supply chain management, especially through the« CSR Compass » tool
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.
Action point 22
Encourage responsible supply chain management with a sector-wide approach
The NAP explains thatdifferent 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.
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.
Foreword
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”.
Action Point 6
Belgian SDG Charter on the role of the private sector, civil society, and the public sector on international cooperation (Page 27)
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.
Strengthen collaboration between public services and the various organizations active in the field of human rights and of international entrepreneurship
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.”
Action point 10
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 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.
Action point 11
Ensure better coordination between federal and regional authorities in order to integrate criteria relating to human rights and socially responsible entrepreneurship in public aid
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.
Action point 13
Strengthen and monitor the respect for human rights in public procurement
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.
Action point 17
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.
Action point 33
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.”
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.
Action point 13
Strengthen and monitor the respect for human rights in public procurement
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.
The Flemish government adds that “sustainable public procurement is an important lever in promoting the respect for workers’ rights. They are a good way to encourage and/or require companies to formally commit themselves to better working conditions internally and within their international supply chains.
Action point 14
Evaluate the Belgian label to promote socially responsible production
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.
Action point 17
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.
The government of Wallonia states that it will continue to advocate for the revision of model texts used in negotiations of commercial treaties in order for them to specifically respect human rights, labour rights and social norms, as well as environmental measures, accompanied by financial or commercial sanctions.
Action point 26
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:
ILO Convention No. 187 on Occupational Safety and Health.
ILO Convention No. 167 on Safety and Health in Construction.
Convention No. 170 on Safety in the Use of Chemical Substances at Work
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
other countries to follow through.”
Action point 28
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.
