Chile
Chile launched its first NAP in August 2017 which ran until December 2020.
Chile published its second NAP in March 2022, in the final weeks of an outgoing government. It is understood that it is being revised by the current government.
Available NAPs
Chile: 1st NAP (2017-2020)
NAP Development Process
Status
The Chilean ‘Plan de Acción Nacional de Derechos Humanos y Empresas’ (NAP) was launched by the then President of Chile, Michelle Bachelet on August 21, 2017.
The NAP contains 158 action points that cut across numerous state institutions.
The NAP’s duration period is 2017-2019. The NAP stipulates that one year before the 2019 deadline, the Inter-Ministerial Committee will define a road map to prepare a second National Action Plan on Human Rights and Business, which will be presented to the Multi-Stakeholder Advisory Group in order to propose courses of action and commence the second process.
The government extended the life of the 1st NAP until 31 December 2020 (it originally ran until September 2020).
Process
The Chilean Government’s first indicated its intent to develop a NAP with a statement at the Annual UN Business and Human Rights Forum in December 2014.
The Chilean NAP on business and human rights stems from the National Plan on Social Responsibility 2015-2018 developed by the Council of Social Responsibility for Sustainable Development within the Ministry of Economy. Coordination for developing the NAP was mandated to the Directorate of Human Rights of the Ministry of Foreign Affairs, which in turn created a specialised unit on human rights and business to carry out this task.
To support the government in its efforts to develop a NAP on business and human rights, the Ministry of Foreign Affairs entered into its first memorandum of understanding with the Danish Institute for Human Rights (DIHR) to provide strategic support and advice on the process for developing a National Baseline Assessment (NBA) on Business and Human Rights, and a Human Rights and Business Country Guide to Chile.
In advance of launching the process, the Ministry of Foreign Affairs developed a work plan and timeline for the first phase of the NAP process, which included the creation of an Inter-Ministerial Working Group, capacity building for relevant institutions, opportunities for multi-stakeholder engagement, as well as the elaboration of key material, including the NBA on business and human rights.
The process for elaborating the NAP formally began in April 2015 in the context of Chile’s first national multi-stakeholder seminar on business and human rights. From then on, activities and steps were taken aimed at ensuring a participatory process in the elaboration of this public policy, and to ensure the long-term implementation of this human rights and business agenda in Chile.
During this period, the Ministry of Foreign Affairs developed and began coordinating an Inter-Ministerial Committee tasked with developing the NAP. The Committee was comprised of the Ministries of Economy, Energy, Environment, Justice, Labour, Mining, Presidency, Social Development, and Women, as well as the National Contact Point of the OECD Guidelines. Several other public institutions were regularly engaged throughout the process, including the Ministry of Finance, the National Statistics Institute (Instituto Nacional de Estadística), and the National Human Rights Institution (Instituto Nacional de Derechos Humanos), as well as state-owned enterprises. Throughout the process, the Inter-Ministerial Working Group met periodically, proposed courses of action and participated in the activities that have been carried out in this context.
In parallel, the DIHR commissioned an independent external expert institution, the Centre for Human Rights at the Diego Portales University, to elaborate an NBA, which took approximately nine months. It assessed the current situation of human rights and business in Chile, focusing on the responsibilities of the State, and using the UN Guiding Principles as a framework, referred to international and regional human rights standards.
To assess the main human rights impacts of business, the Human Rights and Business Country Guide to Chile was developed by the Instituto Nacional de Derechos Humanos (the National Human Rights Institute of Chile) with support from the DIHR. The Country Guide seeks to provide companies and other stakeholders with necessary information to identify, assess and address the main human rights impact of business in a given country context.
The NBA and Country Guide were launched at the second national multi-stakeholder seminar on human rights and business organised by the Ministry of Foreign Affairs and the National Institute of Human Rights in May 2016. This seminar also had the key objective of launching the second phase of the NAP process: developing the NAP.
Entering this phase, the government renewed its partnership with the Danish Institute for Human Rights and broadened its engagement to other key international and national human rights organisations to support in the process of developing and consultation on the NAP.
At this point, the Ministry of Foreign Affairs, on behalf of the Inter-Ministerial Committee, developed a second work plan, timeline and budget for the second phase.
Understanding that a fundamental aspect of the process is the active participation of the different stakeholders, in July 2016, the government hosted nine participatory dialogues in Antofagasta, San Pedro de Atacama, Santiago, and Temuco with companies and unions, civil society, and indigenous peoples. The workshops were conducted by international expert consultants and more than 360 people participated. The main objective of these meetings was to gather opinions, inputs and recommendations that would contribute to the contents of the NAP.
In order to support the effective participation of all stakeholders in these dialogues and in other engagement opportunities, in 2015, the government commissioned a ‘Guide for Citizen Participation in the National Action Plan‘ (Spanish). Likewise, in an effort to disseminate information on the topic, a web page hosted on the Ministry of Foreign Affairs’ website was developed on the NAP with capacity building material.
To elaborate the actions in this Plan, stakeholder recommendations were taken into consideration by all members of the Inter-Ministerial Committee, which received training on actions and initiatives taken in other contexts to address the input and recommendations received.
While the draft NAP was prepared by the Inter-Ministerial Committee, other institutions and non-state actors joined in and included commitments in the NAP with the aim of collaborating with government in tackling the human rights and business challenges facing Chile.
A key aspect of the NAP is its strong focus on policy coherence with other relevant agendas, including the 2030 Sustainable Agenda, the Paris Agreement on Climate Change, the Open Government Partnership as well as Chile’s inaugral National Action Plan on Human Rights.
Stakeholder Participation
On behalf of the Inter-Ministerial Committee, the Foreign Ministry elaborated a work plan, outlining various instances of stakeholder engagement and participation throughout the NAP process. These included three national multi-stakeholder seminars on human rights and business, nine stakeholder dialogues throughout the three macro-zones of Chile, two separate workshops with business and civil society as well as one national multi-stakeholder consultation on the draft NAP.
To enable participation of stakeholder in various engagements, the government used international experts to build the capacity of representatives from all stakeholder groups. At the beginning of the process, training workshops were delivered to the Inter-Ministerial Committee tasked with developing the NAP, and later to key representatives within their respective institutions to facilitate the design of NAP actions. While not part of the Committee, the National Statistics Institute also received training focused on human rights and the use of indicator, with the aim of helping them develop indicators on the implementation of NAP commitments.
In the case of external stakeholders, capacity building workshops and awareness-raising activities were carried out in a number of instance. For example, in the process of identifying issues and recommendations for the NAP, workshops were hosted in the country’s three macro zones, including in San Pedro de Atacama, Santiago and Temuco with indigenous people. Similarly, businesses and trade unions participated in dialogue sessions in Antofagasta, Santiago, and Temuco. In all instances, capacity-building modules were included.
Additionally, a ‘Guide for Citizen Participation in the National Action Plan‘ (Spanish) was also produced to introduce citizens to basic human rights and business concepts as well as the National Action Plan process. Online material, including the DIHR’s Spanish e-learning modules, were disseminated among participants.
The first draft of the NAP, which sought to align the government’s development priorities with stakeholder recommendations, was shared with international organisations, as well as human rights and business experts, for review and comment to adequately reflect global human rights and business standards.
The draft was subsequently updated and published for public consultation. A national, multi-stakeholder forum was held in April 2017 with representatives from business, civil society, trade unions, embassies, international organisations and the national human rights institution. Independent third parties (the Chilean NHRI, the DIHR, and the ILO) were invited to facilitate the dialogue between stakeholders during this forum.
Additionally, an online consultation of the draft NAP was published on the Ministry of Foreign Affairs’ website and disseminated through social media outlets to enable stakeholder to submit comments remotely.
The NAP itself also mandates the creation of a Multi-Stakeholder Advisory Committee to participate in the implementation, monitoring and review of the NAP.
A full timeline for the NAP drafting process was not developed and shared with stakeholders online. However, a timeline was presented at some public seminars organized by the Ministry of Foreign Affairs.
National Baseline Assessment (NBA)
• Published in March 2016, officially launched in May 2016, and available here. The NBA took approximately nine months to produce.
• Developed as an independent initiative to support the development of an inaugural BHR NAP. The state used the NBA to inform the development of the inaugural BHR NAP, which was published in August 2017.
• Conducted by academics from the Human Rights Center of the University Diego Portales. Funded by the DIHR.
• Utilised the DIHR/ ICAR National Baseline Assessment Template. Based on desktop research and interviews with government actors.
• NB: The State commissioned an academic institution (Universidad Católica de Chile) to undertake a study to: i) evaluate the inaugural NAP, ii) evaluate and proposed a new stakeholder participation mechanism for the updated NAP, and iii) propose new themes on business and human rights for the updated NAP. This was published in November 2020, and a 2nd BHR NAP was published in March 2022.
To assess the main human rights impacts of business, the Human Rights and Business Country Guide to Chile was developed by the Instituto Nacional de Derechos Humanos (the National Human Rights Institute of Chile) with support from the DIHR. The Country Guide seeks to provide companies and other stakeholders with necessary information to identify, assess and address the main human rights impact of business in a given country contexts.
The NBA and Country Guide were presented at the second national multi-stakeholder seminar on human rights and business organised by the Ministry of Foreign Affairs and the National Institute of Human Rights in May 2016.
Follow-up, monitoring, reporting and review
The NAP identifies specific governmental institutions responsible for implementing each action of the NAP and refers to a supplementary document containing indicators and implementation timeline. Each institution responsible for implementation has to report to the Executive Secretariat of the Inter-Ministerial Committee about the level of implementation of their measures to facilitate monitoring and follow-up. The Committee will publish a yearly progress report.
A monitoring and evaluation framework is also established in the NAP, which includes the creation of a Multi-Stakeholder Advisory Group with representatives of civil society, trade unions, business, indigenous peoples, academia, and the National Institute of Human Rights. The advisory group evaluates the progress contained in the Inter-Ministerial Committee’s progress report, and make recommendations aimed at ensuring the effective implementation of NAP actions.
In the current NAP, an initial roadmap with issues to consider in the second iteration of the NAP. These include:
- Involvement of other Ministries and public institutions, such as the: Ministry of Public Works, Ministry of Education, Ministry of Housing, Ministry of Agriculture, Ministry of Finance, Ministry of Health, Ministry of Transport and Telecommunications, Corfo, Sercotec, Sernageomin, Cochilco, Agency for Sustainability and Climate Change and Superintendencies.
- Involvement of the judicial and legislative powers.
- Involvement of all state business enterprises.
- Evaluating the elaboration of sector-wide human rights impact assessment by industrial sector.
- Evaluating the application of the Sello Iguala, by considering human rights criteria.
- Evaluating new categories for which a business enterprise could not contract with the State, according to human rights criteria.
- Evaluating the incorporation of human rights criteria in the audits of the SMA.
- Incorporation of matters related with the risks of human rights violations in supply chains and inclusion of LGBTI people.
- Incorporation of recommendations emanating from the reports made in this Action Plan through concrete actions.
- Incorporation of aspects related with foreign investment
- Evaluating an awareness strategy for civil servants whose field of competence relates with the creation, competitiveness and internationalisation of business enterprises.
- Evaluating actions related with the activities of Chilean businesses operating abroad.
- Evaluating the progressive incorporation of human rights criteria into State agencies that support business enterprises.
As of September 2018, Chile has yet to publish its first progress report on the NAP.
The NAP stipulates that one year before the 2019 deadline, the Inter-Ministerial Committee will define a road map to prepare a second National Action Plan on Human Rights and Business, which will be presented to the Multi-Stakeholder Advisory Group in order to propose courses of action and commence the second process. However, since the NAP was not published in December 2016 as planned, but instead in August 2017, it is not completely clear when the Inter-Ministerial Committee will prepare the roadmap for the second NAP. Chile announced this process is a priority at the 2018 UN Forum on Business and Human Rights.
Responsibility for the NAP was transferred from the Ministry of Foreign Affairs to Ministry of Justice and Human Rights where Human Rights Undersecretary is located.
Stakeholders views and analysis on the NAP
- José Aylwin, Marcel Didier y Felipe Guerra, PLAN DE ACCIÓN NACIONAL DE DERECHOS HUMANOS Y EMPRESAS: ANÁLISIS CRÍTICO DESDE LA SOCIEDAD CIVIL, Observatorio Ciudadano, 13 June 2019
- Judith Schönsteiner, O Plano Nacional de Ação sobre Direitos Humanos e Empresas do Chile: um balanço sobre o seu impacto discursivo e real, Revista de Direito Internacional 16, no. 3, 2019 // Judith Schönsteiner, El Plan de Acción Nacional sobre Derechos Humanos y Empresas de Chile: un balance sobre su impacto discursivo y real, A PUBLICARSE EN: Franz Ebert (editor), Brazilian Journal of International Law, Special Issue on Business and Human Rights
Additional resources
Resources
- Presidential Press: Lanzamiento Plan de acción nacional de Derechos Humanos y empresas
- Ministry of Foreign Affairs: Canciller Muñoz presenta Plan de Acción Nacional de Derechos Humanos y Empresa: “Hoy marcamos un hito”
- Ministry of Foreign Affairs: Subsecretario Edgardo Riveros participó en Foro Anual sobre Derechos Humanos y Empresas en Naciones Unidas
- Ministry of Economy: Presidenta Michelle Bachelet recibe Plan de Acción Nacional de Derechos Humanos y Empresa
- Ministry of Social Development: Business and Human Rights
- Business & Human Rights Resource Centre: Plan de Acción Nacional de Derechos Humanos y Empresas de Chile
- Business & Human Rights Resource Centre: Chile
- ComunicaRSE: Chile presenta su Plan de Acción Nacional de Derechos Humanos y Empresas
- Diego Portales University: National Baseline Assessment on Business and Human Rights
- Danish Institute for Human Rights: Chile Reaches Next Step in National Action Plan Process
- Danish Institute for Human Rights: Quick Start Guide to Chile’s National Action Plan on Human Rights and Business
- Danish Institute for Human Rights: Implementation of global human rights and business standards in Chile
- Instituto Nacional de Derechos Humanos and Danish Institute for Human Rights: Guía de País de Derechos Humanos y Empresas en Chile
- Que Pasa: “Las empresas a veces tienen un mayor impacto que el gobierno en la calidad de vida de la gente”
- UN Office of the High Commissioner for Human Rights (OHCHR) (2016) State National Action Plans
- UN Working Group on Business and Human Rights (2016) Guidance on National Action Plans on Business and Human Rights
Contacts
- AECID Spain
- Acción Empresas
- Casa de la Paz
- Center for Human Rights, Diego Portales University
- Consensus Building Institute
- Danish Institute for Human Rights (DIHR)
- Direction for Human Rights, Ministry of Foreign Affairs
- Embassy of Denmark in Chile
- Global Compact local network
- International Labour Organization – Chile
- Instituto Nacional de Derechos Humanos (INDH)
- Observatorio Ciudadano
- Sub-Secretary of Ministry of Economy
- Sustentia
- Swedish International Development Cooperation Agency
- UN High-Commissioner for Human Rights – South America
- Vincular
Explore NAP by Issue
Action Point 3.2 (page 47) The Ministry of Social Development will: Although this Plan was prepared by State institutions, it seeks to become a platform collecting the existing efforts for the implementation of the business and human rights agenda in Chile. Therefore, it is an invitation for other institutions that may wish to participate and commit actions within this framework. In this regard, the following institutions will contribute in the development of this agenda at a national level based on the following commitments: 1. UNICEF Chile will coordinate the development of a baseline to collect the potential negative impacts on the human rights of boys, girls and youths by the activity of business enterprises in Chile, including recommendations. The findings of this baseline and associated recommendations will be publicly available, and delivered to the relevant authority. … Action Point 1.2 (page 30) The Under-Secretariat of Human Rights of the Ministry of Justice and Human Rights will: … Chile’s NAP makes no reference to the construction sector. Action Point 8.1. (page 60) The Ministry of Economy will support the legal provision committed in the Agenda for Productivity, Innovation and Growth seeking to create a legal framework for social business enterprises, by encouraging the incorporation of business and human rights criteria. Action Point 9.2 (page 49) The National Oil Company (ENAP), with the support of independent experts, will prepare a baseline to identify eventual impacts on human rights and the promotion and respect actions the company is currently performing. This aims to identify gaps and manage the relevant plans for human rights remediation and mitigations. Priority subjects included in the study will be: life, health, environment, water, communities and workers. This initiative is based on the new Sustainability Policy passed by the Board of Directors in December 2016. It is composed of four strands: consideration of stakeholders, environment, integrated management and human rights. Action Point 9.3 (page 50) The Ministry of Economy, Development and Tourism will support the incorporation of the Guiding Principles in the business enterprises forming part of the System of Public Business Enterprises (SEP). To strengthen coordination between the Ministries forming part of the Inter-Ministerial Working Group, amplify the impact of this Action Plan, and make known its progress, the Group will carry out the following actions: … 2. Encourage the adoption of policies, statements or codes of conduct by business enterprises and urge the implementation of mechanisms of due diligence Action Point 2.1 (page 54) The Ministry of Foreign Affairs, through the General Directorate of International Economic Relations, will: Action Point 2.2 (page 55) The Ministry of Economy, Development and Tourism will: … Chile’s NAP makes no explicit reference to corruption in its main text. The Chilean NAP does not make an explicit reference to Data Protection and Privacy. The Chilean NAP does not make an explicit reference to Development Finance Institutions. Chile’s NAP makes no reference to the ICT and electronics sector. Pillar 1 / Strand 1: Training in the Field of Business and Human Rights 1.4 The Ministry of Energy will: Pillar 1 / Strand 2: Dialogue 2.4 The Ministry of Energy, through the Division of Participation and Dialogue, will promote the creation of formal and steady opportunities for dialogue between businesses and communities in localities where they expect to install energy projects. Aimed at a smooth management of these opportunities, the “Guide for Participation Standards in the Development of Energy Projects” will be available to promote the existence, from the public sector, of mechanisms allowing to decrease the asymmetries existing between the parties, such a registry of advisors and facilitators to be used by communities; a symmetry fund allowing to finance the advisors and facilitators; complaints mechanisms allowing to forward complaints to the authorities that the parties may have regarding compliance with agreements; dispute resolution mechanisms allowing to resolve through alternative methods any disagreements that may arise in the dialogue process. Efficiency criteria set out in Guiding Principle No. 31 will be included in the design of the complaint mechanism. Additionally, the Ministry will promote the development of “local governance mechanisms” in the localities where energy projects are installed. They will be composed of representatives from the community, business enterprises, local authorities and other actors that the parties may consider relevant, with the purpose of carrying out dialogue processes aimed at decision making connected with local development initiatives that may be developed from the presence of an energy project within the territory. – page 34/35 Pillar 1 / Strand 4: Transparency and Participation 4.1 The Ministry of Energy will: communities in the different stages of the life-cycle of energy projects so that their interests may become known and be taken into consideration, as well as contributing to the general development of the localities receiving them. Diverse mechanisms will be promoted to facilitate participation (detailed in strand 2) and transparency in the processes carried out. Considering the above, an online Transparency Platform will be developed for communities to have access to the processes of dialogue that are taking or have taken place, the agreements reached and compliance, among other things. o Include,withintheframeworkoftheIndigenousChapterofthe2050EnergyPolicy,in conjunction with the Ministry of Economy and the Indigenous Affairs Coordination Unit, business and human rights standards in the Indigenous Participation Guidance in the Development of Energy Projects. o Promote, within the framework to implement the Indigenous Chapter of the 2050 Energy Policy, the right conditions for the social and technical viability of power generation projects, with total or partial participation in their ownership by the indigenous communities. – page 39/40 Pillar 1 / Strand 8: Legislation, Policies and Incentives 8.2. The Ministry of Energy will identify, promote and design the necessary mechanisms to implement the local development policy concerning energy projects. Among other things, the policy includes measures to support the assessment of impacts on the human rights of communities, and mechanisms to resolve the disputes that may arise between communities and business enterprises, within the context of the development of energy projects. – page 49 Pillar 2 / Strand 1: Contextual issues: Development of texts allowing business enterprises to understand the local context and the risks of potential negative impacts on human rights. 1.5. The Ministry of Energy will keep updated the standard guide for participating in the development of energy projects, and will prepare a guide for indigenous participation in the development of energy projects. It will also prepare the guide for local development of the localities where such projects are settled, which will drive the actions of business enterprises and communities about the contribution to development that can be offered by these institutions. 1.6. The Environmental Assessment Service will prepare the Guide for Describing the Human Environment with Gender Focus for the Assessment of Environmental Impact. Such Guide is meant for the owners of projects submitted to the SEIA. – page 53 Pillar 2/ Strand 2: Promotion of corporate due diligence in the field of human rights 2.2 The Ministry of Economy, Development and Tourism will: Support the Ministry of Energy in the development of a Guide about the impact of projects on local communities, seeing to the integration of business and human rights standards into the development of projects within communities and, particularly, containing best practices about due diligence in human rights-related issues. – page 55 Pillar 3 / Strand 2: State-Based Non-Judicial Mechanisms 2.6 Within the framework of the Energy Policy, the Local Development Policy and the Chapter on Indigenous Relevance of Energy 2050, the Ministry of Energy will promote the development of mechanisms for the resolution of disputes between communities and business enterprises within the context of the development of energy projects, will may consist in, inter alia, mediation, redress or other mechanisms that may be relevant. – page 62 Notes Action Point 1.6 [pages 32-33] The Ministry for the Environment will: With the support of expert organisations, coordinate internal training at a national and international level, and at a macro-zone level in the Ministry of the Environment, the Superintendence of the Environment (SMA) and the Environmental Assessment Service (EAS)… Upon creation of the Biodiversity and Protected Areas Service and of the Protected Areas National Service, carry out an outreach and training process including an analysis about their relationship with business and human rights. Action Point 2.3 [pages 34-35] The Environmental Assessment Service will design the mechanism to assess the impact of the best practice Guide on the relationships among actors involved in projects submitted to the Environmental Impact Assessment System. Action Point 2.4 The Ministry of Energy, through the Division of Participation and Dialogue, will promote the creation of formal and steady opportunities for dialogue between businesses and communities in localities where they expect to install energy projects. Aimed at a smooth management of these opportunities, the “Guide for Participation Standards in the Development of Energy Projects” will be available to promote the existence, from the public sector, of mechanisms allowing to decrease the asymmetries existing between the parties, such a registry of advisors and facilitators to be used by communities; a symmetry fund allowing to finance the advisors and facilitators; complaints mechanisms allowing to forward complaints to the authorities that the parties may have regarding compliance with agreements; dispute resolution mechanisms allowing to resolve through alternative methods any disagreements that may arise in the dialogue process. Efficiency criteria set out in Guiding Principle No. 31 will be included in the design of the complaint mechanism. Additionally, the Ministry will promote the development of “local governance mechanisms” in the localities where energy projects are installed. They will be composed of representatives from the community, business enterprises, local authorities and other actors that the parties may consider relevant, with the purpose of carrying out dialogue processes aimed at decision making connected with local development initiatives that may be developed from the presence of an energy project within the territory. Action Point 4.4 [page 31] The Ministry for the Environment: Action Point 5.3 [page 43] The INDH will adopt a human rights and environmental policy for the purchase of goods and services. Action Point 6.3 [page 45] The Ministry of Foreign Affairs will: Generate an opportunity to discuss, at a national level, about the integration of the Agenda of the Paris Agreement on Climate Change, the United Nations Guiding Principles on Business and Human Rights, and the 2030 Agenda on Sustainable Development, as well as about the challenges of these Agendas about the contribution of business enterprises. Regarding this national commitment, the Ministry is committed to generate cross references about human rights and climate change in the reports prepared about these subjects submitted to international organisations. Through the General Directorate of International Economic Relations, it will: Action Point 7.1 [page 47] The Ministry of the Environment is currently involved in negotiations of the Regional Instrument about Principle 10 of the Rio Declaration about access to information, participation and justice in environmental matters, where it will take into consideration the business and human rights framework as relevant. Action Point 9.2 [page 49] The National Oil Company (ENAP), with the support of independent experts, will prepare a baseline to identify eventual impacts on human rights and the promotion and respect actions the Company is currently performing. This has the purpose to identify gaps and manage the relevant plans for human rights remediation and mitigations. Priority subjects included in the study will be: life, health, environment, water, communities and workers. This initiative is based on the new Sustainability Policy passed by the Board of Directors in December 2016. It is composed of four strands: consideration of stakeholders, environment, integrated management and human rights. Action Point 1.4 [page 53] The Ministry of the Environment will prepare a study about the links between the Law creating the Actual Right of Conservation (DRC) and the Guiding Principles. Action Point 1.6 The Environmental Assessment Service will prepare the Guide for Describing the Human Environment with Gender Focus for the Assessment of Environmental Impact. Such Guide is meant for the owners of projects submitted to the SEIA. The Ministry of Economy, Development and Tourism will: Action Point 3.1 The Ministry of Labour will: Action Point 3.3 The Ministry of Mining will generate the conditions for transiting to an inclusive organisational structure that includes the acknowledgement of respect and diversity in their practices. They will do this carrying out the following actions: Action Point 3.4 The Ministry of Economy, Development and Tourism, through the Division of Associativity and Social Economy will: Action Plan 3.6 The Ministry for Women and Gender Equality will: Action Point 5.4 [page 43] The Ministry of Social Development will: … Action Point 6.2 [page 45] The Ministry of Social Development will draft a proposal for gathering information about business and human rights, which includes the following: … Action Point 6.3 The Ministry of Foreign Affairs will: … Action point 1.1 (pages 29-30) The Ministry of Foreign Affairs will: Action Point 2.1 (pages 54-55) The Ministry of Foreign Affairs, through the General Directorate of International Economic Relations, will: Action Point 1.8 (page 43) The Ministry of Mining will organise talks and/or seminars about the inclusion of human rights standards in the development of mining projects. Action Point 3.3 (page 48) The Ministry of Mining will generate the conditions for transiting to an inclusive organisational structure that includes the acknowledgement of respect and diversity in their practices. They will do this carrying out the following actions: Action Point 9.3 (page 50) To strengthen coordination between the Ministries forming part of the Inter-Ministerial Working Group, amplify the impact of this Action Plan, and make known its progress, the Group will carry out the following actions: … 2. Encourage the adoption of policies, statements or codes of conduct by business enterprises and urge the implementation of mechanisms of due diligence. Action Point 7.2 (pages 47-48) The Ministry of Foreign Affairs will: Action Point 2.1 (pages 59-60) The National Contact Point for OECD Guidelines (NCP) of the Ministry of Foreign Affairs will adopt a series of measures to strengthen its duties. For this, it will: Action Point 2.2 (page 56) The Ministry of Economy, Development and Tourism will: … Action Point 2.2 [page 55] Create working groups in conjunction with the Under-Secretariat of Fisheries and Aquaculture and the Under-Secretariat of Tourism, which will have the duty to analyse and create mechanisms allowing to monitor these sectors regarding their respect for human rights. It will encourage and work with SEP for the adoption of an audit system in the field of human rights. As observed in the reports prepared in the field of business enterprises and human rights by different national and international institutions, business enterprises may cause a series of adverse impacts, which could include the following: impacts on especially vulnerable social groups in terms of discrimination and lack of opportunities in the labour market, impacts on groups of society that could be facing particular risks regarding business enterprises or that may find themselves excluded from the benefits generated by corporate activities, child labour (interfering with the health, development, education or family life of people under 18 years of age), forced labour (slavery resulting from debts, human trafficking or any other coercive means depriving employees to freely leave the workplace), unsafe or unhealthy conditions at work exposing workers to risks such as accidents and work-related accidents, restrictions on the workers’ right to represent their interests collectively. “The Declaration of the International Labour Organisation (ILO) regarding fundamental principles and rights, issued in 1998, commits ILO Member States to respect and promote principles and rights in four categories – discrimination at work, freedom of association and the rights to collective bargaining, elimination of compulsory labour and abolition of child labour –whether or not they have ratified the relevant Conventions.” The Chilean NAP does not make a direct reference to the Garment sector. Action Point 3.1 (pages 35-36) The Ministry of Labour will: Action Point 3.3 (pages 37-38) The Ministry of Mining will generate the conditions for transition into an inclusive organisational structure that includes the acknowledgement of respect and diversity in their practices. They will do this carrying out the following actions: Action Point 3.4 (page 38) The Ministry of Economy, Development and Tourism, through the Division of Associativity and Social Economy will: Action Point 3.5 (page 38) The General Directorate of International Economic Relations of the Ministry of Foreign Affairs will carry out activities concerning best practices for SMEs, with the purpose of making progress in the application of best practices in the areas of inclusion, leadership and family balance. Action Point 3.6 (page 49) The Ministry for Women and Gender Equality will: … Action point 1.1 (page 30) The Ministry of Foreign Affairs will: … DIRECON [the General Directorate of International Economic Relations] will raise awareness and further knowledge of relevant international instruments and their link with the United National Guiding Principles on Business and Human Rights, such as the Tripartite Declaration of Principles Concerning Multinational Business Enterprises and ILO’s Social Policy, and ISO 26,000. The above will be carried out through presentations, seminars, dialogues, briefings and publications in the website, as relevant. Action Point 1.4 (page 31) The Ministry of Energy will: Action Point 1.5 (pages 31-32) The Ministry of Social Development will: Action Point 2.1 (page 34) Through the Indigenous Affairs Coordination Unit of the Ministry of Social Development, opportunities for involvement and dialogue will be generated at a local level between business enterprises and indigenous peoples aimed at preparing a territorial development plan seeking to generate a dialogue at a local level involving municipalities, thus carrying out a participatory exercise about what happens in a territory and how this is planned. This would consider the participation and planning demands regarding territorial matters of indigenous peoples submitted within the context of the Participatory Dialogues of this Plan, as well as what is set out in Convention 169, the national regulations connected with such Convention, and the national instruments of territorial planning. The Country Guide on Business and Human Rights to Chile identifies groups at risk of suffering different adverse human rights impacts by business operations, such as women, indigenous peoples, migrants, LGBTI individuals and people suffering from disabilities. Potential negative impacts on these groups may take place both inside the business enterprise (hiring, firing or discrimination) and outside the business for situations derived from corporate activity. Action Point 3.6 (page 38) The Ministry for Women and Gender Equality will: Action Point 3.7 (page 39) The Ministry of Energy will promote the respect of human rights of indigenous peoples in the development of energy projects. It will do this through the implementation of the Indigenous Chapter the 2050 Energy Policy, developing consultation and participation processes pursuant to ILO Covenant 169, and drafting a guide for indigenous participation in the development of energy projects. Likewise, the Ministry will promote the development of a “gender and energy agenda” seeking to enhance the role of women in the development of a national energy industry, from strengthening their capacity and knowledge in energy subjects to developing startups linked to the industry, and promoting the participation of women in the design and implementation of the Energy Policy. Action Point 4.1 (page 40) The Ministry of Energy will: Action Point 4.2 (page 40) The Public-Private Cooperation Division of the Ministry of Social Development will include questions about the Guiding Principles in the 2017 Study about Social Performance of Business Enterprises, as well as the result of these variables in the final performance report, which will include an analysis of the results and their relationship with the SDGs. Medium and large-size public and private business enterprises will participate in the study. Action Point 5.1 (page 42) The Chilean System of Public Purchases, (Chilecompra), has the mission to facilitate the contracting of goods and services by the State through a public market web platform, in the different purchase procedures. Chilecompra will: Action Point 6.2 (page 52) The Ministry of Social Development will draft a proposal for gathering information about business and human rights, which includes the following: Action Point 1.1 (page 53) The Ministry of Foreign Affairs will streamline they webpage on business and human rights to include tools, guides, guidelines and news, as well as the progress made by the National Action Plan. For this, it will seek the support of international institutions. Action Point 1.2 (page 53) The National Human Rights Institute will: Action Point 1.6 (page 53) The Environmental Assessment Service will prepare the Guide for Describing the Human Environment with Gender Focus for the Assessment of Environmental Impact. Such Guide is meant for the owners of projects submitted to the SEIA. Action Point 2.1 (page 54) The Ministry of Foreign Affairs will: Action Point 2.2 (page 55) The Ministry of Economy, Development and Tourism will: … Action Point 3.1 (pages 56-57) The Ministry of Economy, Development and Tourism will: Although this Plan was prepared by State institutions, it seeks to become a platform collecting the existing efforts for the implementation of the business and human rights agenda in Chile. Therefore, it is an invitation for other institutions that may wish to participate and commit actions within this framework. In this regard, the following institutions will contribute in the development of this agenda at anational level based on the following commitments: … [page 27] As observed in the reports prepared in the field of business enterprises and human rights by different national and international institutions, business enterprises may cause a series of adverse impacts, which could include the following: …. child labour (interfering with the health, development, education or family life of people under 18 years of age), unsafe or unhealthy conditions at work exposing workers to risks such as accidents and work-related accidents. Aspects out of the corporate’s scope may also be included -such as impacts on the environment that may cause health problems or affect the lifestyle of local communities … Strand 6: Strengthening Coherence between Public Policies Action point 6.2 [page 45] The Ministry of Social Development will draft a proposal for gathering information about business and human rights, which includes the following: Action point 6.3 [page 46] The Ministry of Foreign Affairs will: o Through the General Directorate of International Economic Relations, it will: Action point 6.5 [pages 46-47] The Under-Secretariat of Social Security of the Ministry of Labour will coordinate national, regional and tripartite efforts concerning the National Programme for Health and Safety in the Workplace. This Programme seeks to promote the development of a national culture of prevention in health and safety issues; contribute to the protection of workers through the elimination of work-related dangers and risks, or to their reduction to a minimum level, with the purpose of preventing injuries, diseases and deaths caused by work and promote health and safety in the workplace. Implementation will be based on ILO Convention No. 187 about the Framework for Health and Safety in the Workplace and the Programme of Government of the President of the Republic, through a regional and nations process of consultation to representatives of the employers, workers, government entities and bodies responsible for enforcing Law No. 16,744. Action point 6.6 [page 47] The Ministry of Mining will disseminate the most relevant elements of the new Regulation of Mining Safety, which promotes and sets out the rights and duties related with occupational health and safety matters. Action point 9.2 [page 49] The National Oil Company (ENAP), with the support of independent experts, will prepare a baseline to identify eventual impacts on human rights and the promotion and respect actions the Company is currently performing. This has the purpose to identify gaps and manage the relevant plans for human rights remediation and mitigations. Priority subjects included in the study will be: life, health, environment, water, communities and workers. Action point 1.3 [page 53] The National Health Institute will coordinate, with expert support, the preparation of a study about the impact of the pharmaceutical industry. Chile’s NAP makes no explicit reference to human rights defenders or whistle-blowers. Action Point 3.2 (page 35-36): The Ministry of Social Development will: Prepare, through the Division of Social Policy of the Under-Secretariat of Social Evaluation, a statistical report about the socio-economic situation of risk groups including migrants, youth, disabled people, women and indigenous peoples, based on the Socio-Economic Qualification (SEQ) including income generated by work, capital and pensions, contained in the Household Social Register, divided by territory (regional division). This has the purpose of having available information regarding vulnerable groups within certain territory. Action Point 8.1. (page 49): The Ministry of Economy will support the legal provision committed in the Agenda for Productivity, Innovation and Growth seeking to create a legal framework for social business enterprises, by encouraging the incorporation of business and human rights criteria. Action Point 8.2. (page 49): The Ministry of Energy will identify, promote and design the necessary mechanisms to implement the local development policy concerning energy projects. Among other things, the policy includes measures to support the assessment of impacts on the human rights of communities, and mechanisms to resolve the disputes that may arise between communities and business enterprises, within the context of the development of energy projects. Action Point 9.3 (page 50) To strengthen coordination between the Ministries forming part of the Inter-Ministerial Working Group, amplify the impact of this Action Plan, and make known its progress, the Group will carry out the following actions: … 2. Encourage the adoption of policies, statements or codes of conduct by business enterprises and urge the implementation of mechanisms of due diligence. Action Point 1.3 (page 53): The National Health Institute will coordinate, with expert support, the preparation of a study about the impact of the pharmaceutical industry. Action Point 2.2 (pages 55-56): The Ministry of Economy, Development and Tourism will: Action Point 2.5 (page 62): Within the framework of the Local Development Policy of the Ministry of Energy, the following actions will be carried out: … Action Point 1.4 The Ministry of Energy will: Through the Division of Social Involvement and Dialogue, within the implementation framework of the Indigenous Chapter of the 2050 Energy Policy, perform the following actions: Action Point 1.5 The Ministry of Social Development will: Through the Indigenous Affairs Coordination Unit, carry out a Training Plan including indigenous peoples related subjects for businesses operating in the North and South macro-zones, including the focus introduced by United Nations Guiding Principles on Business and Human Rights. Contents of these training sessions will include relevant international standards, which will be discussed with indigenous representatives and have the involvement of business enterprises. Through the Indigenous Affairs Coordination Unit, it will publish a Participatory Guide concerning Indigenous Rights and Cosmovision of Indigenous Peoples, allowing to advise and train business enterprises about these peoples and the respect for their rights. Train staff on the Guiding Principles, including professionals from the Division of Social Policies and the Division of Social Assessment and Investment. Action Point 2.1 [page 34] Through the Indigenous Affairs Coordination Unit of the Ministry of Social Development, opportunities for involvement and dialogue will be generated at a local level between business enterprises and indigenous peoples aimed at preparing a territorial development plan seeking to generate a dialogue at a local level involving municipalities, thus carrying out a participation exercise about what happens in a territory and how this is planned. This would consider the participation and planning demands regarding territorial matters of indigenous peoples submitted within the context of the Participatory Dialogues of this Plan, as well as what is set out in Convention 169, the national regulations connected with such Convention, and the national instruments of territorial planning. Action Point 3.2 [page 36] The Ministry of Social Development will: Action Point 3.7 [page 39] The Ministry of Energy will promote the respect of human rights of indigenous peoples concerning the development of energy projects. It will do this through the implementation of the indigenous chapter the energy policy in the long-term, developing consultation and participation processes pursuant to ILO Covenant 169, and drafting a guide for indigenous participation in the development of energy projects. Likewise, the Ministry will promote the development of a “gender and energy agenda” seeking to enhance the role of women in the development of a national energy industry, from strengthening their capacity and knowledge in energy subjects to developing startups linked to the industry, and promoting the participation of women in the design and implementation of the Energy Policy. Action Point 4.1 [pages 39-40] The Ministry of Energy will: Action Point 8.2 [page 49] The Ministry of Energy will identify, promote and design the necessary mechanisms to implement the local development policy concerning energy projects. Among other things, the policy includes measures to support the assessment of impacts on the human rights of communities, and mechanisms to resolve the disputes that may arise between communities and business enterprises, within the context of the development of energy projects. Action Point 1.5 [page 53] The Ministry of Energy will keep updated the standard guide for participating in the development of energy projects, and will prepare a guide for indigenous participation in the development of energy projects. It will also prepare the guide for local development of the localities where such projects are settled, which will drive the actions of business enterprises and communities about the contribution to development that can be offered by these institutions. The Ministry of Economy, Development and Tourism will: Support the Ministry of Energy in the development of a Guide about the impact of projects on local communities, seeing to the integration of business and human rights standards into the development of projects within communities and, particularly, containing best practices about due diligence in human rights-related issues. Action Point 2.5 [pages 61-62] Within the framework of the Local Development Policy of the Ministry of Energy, the following actions will be carried out: Action Point 2.6 Within the framework of the Energy Policy, the Local Development Policy and the Chapter on Indigenous Relevance of Energy 2050, the Ministry of Energy will promote the development of mechanisms for the resolution of disputes between communities and business enterprises within the context of the development of energy projects, will may consist in, inter alia, mediation, redress or other mechanisms that may be relevant Chile’s NAP makes no reference to investment treaties and investor-state dispute settlements. Read more about Investment treaties & investor-state dispute settlements Judicial mechanisms must be accessible, affordable and effective to ensure access to remedy. This requires guaranteeing the availability of the necessary proper resources and information enabling all people and groups to demand the respect for their rights before all existing relevant bodies. The State must have the capacity to fight against human rights violations committed by business enterprises, thus guaranteeing fair and prompt redress under the principles of autonomy, impartiality and independence. In this context, Principle 26 of the Guiding Principles urges States to adopt the necessary steps to ensure the effectiveness of national judicial mechanisms when addressing the adverse impacts on human rights related with business enterprises, particularly, when taking into consideration the way to avoid legal, practical and other type of obstacles that may lead to deprived access to redress mechanisms. Action Point 1.1 The Research Division of the Supreme Court will prepare a Legal Collection on Business and Human Rights aimed at analysing the Court’s jurisprudence trends regarding this matter. Action Point 1.2 The Ministry for the Environment will coordinate joint work with the competent bodies aimed at training Environmental Courts in business and human rights-related aspects. Action Point 2.4 [pages 34-35] The Ministry of Energy, through the Division of Participation and Dialogue, will promote the creation of formal and steady opportunities for dialogue between businesses and communities in localities where they expect to install energy projects. Action Point 1.5 (pages 31-32) The Ministry of Social Development will: … Action Point 1.6 (pages 32-33) The Ministry for the Environment will: … Action point 2.4 (page 45) The Ministry of Energy, through the Division of Participation and Dialogue, will promote the creation of formal and steady opportunities for dialogue between businesses and communities in localities where they expect to install energy projects. Aimed at a smooth management of these opportunities, the “Guide for Participation Standards in the Development of Energy Projects” will be available to promote the existence, from the public sector, of mechanisms allowing to decrease the asymmetries existing between the parties, such a registry of advisors and facilitators to be used by communities; a symmetry fund allowing to finance the advisors and facilitators; complaints mechanisms allowing to forward complaints to the authorities that the parties may have regarding compliance with Additionally, the Ministry will promote the development of “local governance mechanisms” in the localities where energy projects are installed. They will be composed of representatives from the community, business enterprises, local authorities and other actors that the parties may consider relevant, with the purpose of carrying out dialogue processes aimed at decision making connected with local development initiatives that may be developed from the presence of an energy project within the territory. Action Point 3.7 (page 39) The Ministry of Energy will promote the respect of human rights of indigenous peoples in the development of energy projects. It will do this through the implementation of the Indigenous Chapter the 2050 Energy Policy, developing consultation and participation processes pursuant to ILO Covenant 169, and drafting a guide for indigenous participation in the development of energy projects. Action Point 4.1 (page 39) The Ministry of Energy will: Action Point 5.1 (page 42) The Chilean System of Public Purchases, (Chilecompra), has the mission to facilitate the contracting of goods and services by the State through a public market web platform, in the different purchase procedures. Chilecompra will: Action Point 8.1 (page 49) The Ministry of Economy will support the legal provision committed in the Agenda for Productivity, Innovation and Growth seeking to create a legal framework for social business enterprises, by encouraging the incorporation of business and human rights criteria. Action Point 9.1 (page 49) The National Copper Corporation (CODELCO) will carry out a due diligence pilot project about human rights in one of its operations, in accordance with the commitments set out in the Corporate Sustainability Policy passed in December 2016. Action Point 9.2 (pages 49-50) The National Oil Company (ENAP), with the support of independent experts, will prepare a baseline to identify eventual impacts on human rights and the promotion and respect actions the company is currently performing. This has the purpose to identify gaps and manage the relevant plans for human rights remediation and mitigations. Priority subjects included in the study will be: life, health, environment, water, communities and workers. This initiative is based on the new Sustainability Policy passed by the Board of Directors in December 2016. It is composed of four strands: consideration of stakeholders, environment, integrated management and human rights. Action Point 9.3 (page 50) The Ministry of Economy, Development and Tourism will support the incorporation of the Guiding Principles in the business enterprises forming part of the System of Public Business Enterprises (SEP) To strengthen coordination between the Ministries forming part of the Inter-Ministerial Working Group, amplify the impact of this Action Plan, and make known its progress, the Group will carry out the following actions: … 2. Encourage the adoption of policies, statements or codes of conduct by business enterprises and urge the implementation of mechanisms of due diligence. What does the Government expect from business enterprises? (page 65) Action Point 2.2 (page 71): The Ministry of Economy, Development and Tourism will: … Action Point 3.1 (pages 35-36) The Ministry of Labour will: Action Point 3.2 (page 36) The Ministry of Social Development will: Regarding the situation in Chile, there are national, international and global mechanisms that execute, supervise and evaluate the country’s compliance with human rights. Some of these documents provide recommendations in the field of human rights and business at a local level. Such is the case of reports concerning the United Nations mechanisms to protect human rights; reports prepared by the INDH about monitoring missions; annual reports prepared by the INDH; a map showing environmental conflicts prepared by the INDH. Other documents containing related matters at a local level are the Baseline of Business and Human Rights; the Country Guide of Business and Human Rights and the reports of dialogues held in the context of the Action Plan. Action Point 1.7 (page 33) The National Human Rights Institute will: Action Point 2.2 (page 34) The National Institute for Human Rights will coordinate dialogues about business and human rights at a regional level through local workshops disseminating the Action Plan, addressing important business and human rights issues at a local level, and collecting recommendations to be applied locally. Action Point 5.3 (page 43) The INDH will adopt a human rights and environmental policy for the purchase of goods and services. Action 2.1 (pages 59-60) The National Contact Point for OECD Guidelines (NCP) of the Ministry of Foreign Affairs will adopt a series of measures to strengthen its duties. For this, it will: Read more about National Human Rights Institutions/ Ombudspersons Action Point 8.1. (page 60) The Ministry of Economy will support the legal provision committed in the Agenda for Productivity, Innovation and Growth seeking to create a legal framework for social business enterprises, by encouraging the incorporation of business and human rights criteria. Action Point 9.3 (page 62) To strengthen coordination between the Ministries forming part of the Inter-Ministerial Working Group, amplify the impact of this Action Plan, and make known its progress, the Group will carry out the following actions: … 2. Encourage the adoption of policies, statements or codes of conduct by business enterprises and urge the implementation of mechanisms of due diligence. Action Point 3.1 (page 74) The Ministry of Economy will: Action point 2.4 (pages 34-35) The Ministry of Energy, through the Division of Participation and Dialogue, will promote the creation of formal and stable opportunities for dialogue between businesses and communities in areas where they expect to install energy projects. To ensure the effectiveness of these spaces, the “Guide for Participation Standards in the Development of Energy Projects” will be available to promote the existence of public sector mechanisms aimed at decreasing existing asymmetries between the parties, such as a registry of advisors and facilitators for communities to access; a symmetry fund to finance the advisors and facilitators; a complaints mechanisms regarding compliance with agreements that forwards complaints to the authorities; and alternative dispute resolution mechanisms to resolve any disagreements that may arise in the dialogue process. Efficiency criteria set out in Guiding Principle No. 31 will be included in the design of the complaint mechanism. What does the Government expect from business enterprises? (page 51) In line with Principle 27 of the Guiding Principles, States must develop effective and appropriate non-judicial grievance mechanisms, at the same time as judicial mechanisms, as an integral part of a comprehensive state system to redress the violation of human rights by business enterprises. The State must inform the public about the existence and operation of these mechanisms, and take into consideration and act upon their recommendations. These mechanisms should also keep an open dialogue with citizens, especially with risk populations within the framework of corporate activities. It is desirable that these mechanisms are introduced, upon their mandate, at international exchanges and development for a about business and human rights; for example, they could be included in discussions with regional and global human rights institutions and in the revisions made to the progress achieved by the 2030 Agenda. Action Point 2.1 The National Contact Point for OECD Guidelines (NCP) of the Ministry of Foreign Affairs will adopt a series of measures to strengthen its duties. For this, it will: Action Point 2.2 The Ministry of Labour will guarantee access to audit actions should labour rights be infringed, by modernising the Labour Directorate. Action Point 2.3 The National Institute of Human Rights will: Action Point 2.4 The Superintendence of the Environment (SMA) will: Action Point 2.5 Within the framework of the Local Development Policy of the Ministry of Energy, the following actions will be carried out: Action Point 2.6 Within the framework of the Energy Policy, the Local Development Policy and the Chapter on Indigenous Relevance of Energy 2050, the Ministry of Energy will promote the development of mechanisms for the resolution of disputes between communities and business enterprises within the context of the development of energy projects, will may consist in, inter alia, mediation, redress or other mechanisms that may be relevant. Non-state based redress mechanisms play an important role in the design of a holistic remedy system in the field of business and human rights, since this allow the owners of rights to look for redress actions outside or beyond the state-based system. In this regard, States must study the way to facilitate access for such non-state-based redress mechanisms to take care of violations against human rights related with business enterprises. A category of non-state-based mechanisms are those managed by a business enterprise alone, or in conjunction with stakeholders, by an economic association, or by a multilateral group of stakeholders. This allows business enterprises and communities to develop spaces for dialogue, measurement, resolution and/or remedy, and to look for solutions within the relevant administrative structures that are culturally appropriate and compatible with human rights. When these mechanisms are developed within the framework of business and human rights, they may offer concrete advantages to resolve situation that may potentially vulnerate human rights, such as prompt access and remedy, reduced costs and/or cross-border reach. Likewise, Principle 29 highlights the fact that business enterprises should set out or participate in effective grievance mechanisms available, at an operational level, to people and communities that may suffer from negative consequences, and so that the damage caused may be promptly and directly redressed Action Point 3.1 The Under-Secretariat of Economy, supported by the Ministry of Foreign Affairs, will coordinate the preparation of a booklet containing guidelines about operational grievance mechanisms that may be adopted by business enterprises. It will consult, for drafting this document, with business enterprises participating in the business and human rights working group (a commitment set out in the table about the contribution of other actors, page 86.) The Guiding Principles include criteria for non-judicial grievance mechanisms, both state-based and non-state-based aimed at ensuring their effectiveness. These mechanisms are: Action Point 4.1 All actions contained in this Plan related with state-based non-judicial mechanisms and non-state-based mechanisms will refer to these Principles of Effectiveness for their implementation and continuous improvement Action Point 4.2 All training and other actions included in this Plan addressing the subject of business and human rights will make special reference to non-judicial grievance mechanisms available in Chile and the principles of effectiveness. Action Point 2.1 (pages 59-60) The National Contact Point for OECD Guidelines (NCP) of the Ministry of Foreign Affairs will adopt a series of measures to strengthen its duties. For this, it will: Action Point 2.3 (page 61) The National Institute of Human Rights will: … Action Point 1.5 [pages 31-32] The Ministry of Social Development will: Through the Division of Public-Private Cooperation, include the focus on business, human rights and sustainable development in training activities about Public Incentives to Benefit Social Development by means of: Action Point 3.2 [page 37] The Ministry of Social Development will: Prepare, through the Division of Social Policy of the Under-Secretariat of Social Evaluation, a statistical report about the socio-economic situation of risk groups including… disabled people…, based on the Socio-Economic Qualification (SEQ) including income generated by work, capital and pensions, contained in the Household Social Register, divided by territory (regional division). This has the purpose of having available information regarding vulnerable groups within certain territory Promote, through the National Disability Service, the labour insertion of people with disabilities by taking the following specific steps: Action Point 5.4 [page 44] The Ministry of Social Development will: The National Disability Service will review the operation of Guideline 17 about inclusive public purchases that promote equal opportunities in the public marketplace, with the purpose to improve its enforcement in line with the Guiding Principles. …It is worth mentioning that the Guiding Principles have had an important reach since their adoption; they have been included in a series of regulations and initiatives aimed at promoting a responsible corporate behaviour, including, for example, the Global Compact, OECD Guidelines for Multinational Enterprises, ILO Tripartite Statement, ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, UNICEF Children’s Rights and Business Principles, Save the Children and Global Compact, among others.12 They have also being included in new regulations such as the “Modern Slavery Act” or the law against modern slavery in the United Kingdom; Europe’s Guidelines concerning Transparency, and the newly passed French act about due diligence in human rights13, and, in practice, by many enterprises. Responding to national and international calls, and convinced by the usefulness of these Plans as a cross-cutting tool, Chile decided to prepare its first National Action Plan on Business and Human Rights, thus highlighting its connection with other global frameworks such as the 2030 Agenda for Sustainable Development and the Climate Change Agenda, as well as with other international instruments concerning human rights. Action point 1.1 (page 29) The Ministry of Foreign Affairs will: … Action Point 1.2 (page 30) The Under-Secretariat of Human Rights of the Ministry of Justice will: Action Point 1.4 (page 31) The Ministry of Energy will: Action Point 1.5 (page 32) The Ministry of Social Development will: Action Point 1.6 (pages 32-33) The Ministry for the Environment will: Action Point 1.7 (page 33) The National Human Rights Institute will: Action Point 2.1 (page 34) Through the Indigenous Affairs Coordination Unit of the Ministry of Social Development, opportunities for involvement and dialogue will be generated at a local level between business enterprises and indigenous peoples aimed at preparing a territorial development plan seeking to generate a dialogue at a local level involving municipalities, thus carrying out a participatory exercise about what happens in a territory and how this is planned. This would consider the participation and planning demands regarding territorial matters of indigenous peoples submitted within the context of the Participatory Dialogues of this Plan, as well as what is set out in Convention 169, the national regulations connected with such Convention, and the national instruments of territorial planning. Action Point 3.2 (pages 36-37) The Ministry of Social Development will: … Action Point 4.2 (page 40) The Public-Private Cooperation Division of the Ministry of Social Development will include questions about the Guiding Principles in the 2017 Study about Social Performance of Business Enterprises, as well as the result of these variables in the final performance report, which will include an analysis of the results and their relationship with the SDGs. Medium and large-size public and private business enterprises will participate in the study. Action Point 4.4 (pages 40- 41) The Ministry for the Environment: … Action Point 4.5 (page 41) The Superintendence for the Environment will promote that the issue of business and human rights is addressed in the Civil Society Council throughout 2017. Action Point 5.1 (page 42) The Chilean System of Public Purchases, (Chilecompra), has the mission to facilitate the contracting of goods and services by the State through a public market web platform, in the different purchase procedures. Chilecompra will: … Action Point 6.1 (pages 44-45) Among the efforts being made to implement the 2030 Agenda, the Ministry of Social Development will stress the importance of Human Rights and their relationship with the business industry. For this, the Ministry will: Action Point 6.3 (pages 45-46) The Ministry of Foreign Affairs will: Action Point 6.4 (page 46) The Ministry of Economy will: Action Point 7.1 (page 47) The Ministry of the Environment is currently involved in negotiations of the Regional Instrument about Principle 10 of the Rio Declaration about access to information, participation and justice in environmental matters, where it will take into consideration the business and human rights framework as relevant. Action Point 7.2 (page 47-48) The Ministry of Foreign Affairs will: Action Point 7.3 (page 48) The Unit for International Affairs of the Ministry of Labour will: … Action Point 9.3 (page 50) To strengthen coordination between the Ministries forming part of the Inter-Ministerial Working Group, amplify the impact of this Action Plan, and make known its progress, the Group will carry out the following actions: Action Point 1.4 (page 53): The Ministry of the Environment will prepare a study about the links between the Law creating the Actual Right of Conservation (DRC) and the Guiding Principles. This National Action Plan will last three years, i.e. it will be in place between 2017 and 2019. The Plan is a first step in a continuous and progressive process. Therefore, this policy is considered a living document whose initiatives will be continuously evaluated and monitored, with the relevant adaptations if necessary. There are elements, actions and initiatives requiring some precisions and adjustments along the development process, for which reason different revision and feedback actions have been taken into consideration allowing to improve and adapt measures that require so. To ensure an effective implementation and monitoring of the Action Plan, a supplementary document containing indicators has been prepared detailing the institution responsible for enforcing compliance of each measure, indicators, as well as regarding the time defined for that purpose. The responsible institution shall report to the Inter-Ministerial Working Group about the implementation stage of their measures to facilitate the monitoring and follow up process of the Plan. These indicators will smooth the follow up process of the Plan at a national level, allowing the Chilean State to report before regional and international follow up and evaluation fora about its progress in matters of human rights and sustainable development. Apart from the supplementary information about indicators, the following actions will be performed to follow up, monitor and give continuity to the Action Plan. [Page 27] There are many situations where the State acts as a business enterprise or directly support this type of organisations, for example in the case of public business enterprises, public purchases, the promotion of investment, innovation and exports, or the privatisation of utilities. According to the Guiding Principles, in these cases States must take additional steps to protect against adverse impacts caused by business enterprises they own or who are under their control, or who receive important support and services from state bodies, in which case they must request that due diligence processes are in place regarding human rights. During activities with citizens’ participation, it was repeatedly said, as highlighted by the Guiding Principles, that the State must lead by example and include human rights standards in the purchase or goods and services. Thus, the State not only integrates these standards in their own operations, but it also influences the actions and mechanisms of business enterprises celebrating contracts with the State. Action Point 5.1 * The Integrity Pact (IP) is a tool proposed by Transparency International against corruption aimed at the bidding companies, with the purpose of reducing corruption and waste in procurement for the public sector. Reducing corruption in procurement enables governments to make more efficient use of taxpayers’ money and limit the pernicious consequences of corruption. In the Chilean case, the integrity pact consists of a clause, within the bidding rules, which establishes the behavioural framework of the State suppliers, collecting a series of commitments to which the bidders and suppliers adjudicated are subject during the validity of a specific framework agreement or tender. Through this clause, suppliers undertake, among other matters, to act with transparency, probity and veracity in the information and background presented in a given proposal. Failure to comply with any of the hypotheses regulated in the aforementioned Covenant implies the sanction of early termination of the framework agreement. Action Point 5.2 The Ministry of Foreign Affairs will gather information about the criteria used in purchases and tenders carried out by the institution with the purpose of identifying potential gaps and proposing improvement to the system. Action Point 5.3 The INDH will adopt a human rights and environmental policy for the purchase of goods and services. Action Point 5.4 The Ministry of Social Development will: Action Point 1.2 (page 30) The Under-Secretariat of Human Rights of the Ministry of Justice and Human Rights will: … Action Point 1.3 (pages 30-31) The Ministry of Labour will: Action Point 3.3 (page 37) The Ministry of Mining will generate the conditions for transiting to an inclusive organisational structure that includes the acknowledgement of respect and diversity in their practices. They will do this carrying out the following actions: Action Point 3.5 (page 38) The General Directorate of International Economic Relations of the Ministry of Foreign Affairs will carry out activities concerning best practices for SMEs, with the purpose of making progress in the application of best practices in the areas of inclusion, leadership and family balance. Action Point 6.3. (page 45) The Ministry of Foreign Affairs will: Action Point 2.1 (pages 54-55) The Ministry of Foreign Affairs, through the General Directorate of International Economic Relations, will: Action Point 2.2 (p.71) The Ministry of Economy, Development and Tourism will: … Action Point 1.5 [page 32] The Ministry of Social Development will: Through the Division of Public-Private Cooperation, include the focus on business, human rights and sustainable development in training activities about Public Incentives to Benefit Social Development by means of: Action Point 4.2 [page 40] The Public-Private Cooperation Division of the Ministry of Social Development will include questions about the Guiding Principles in the 2017 Study about Social Performance of Business Enterprises, as well as the result of these variables in the final performance report, which will include an analysis of the results and their relationship with the SDGs. Medium and large-size public and private business enterprises will participate in the study. Action Point 9 [pages 49-50] One of the focus areas of the Guiding Principles are public business enterprises and their special duty of care and diligence regarding the respect for human rights -because public business enterprises have the duty to lead by example. Action Point 9.1 The National Copper Corporation (CODELCO) will carry out a due diligence pilot project about human rights in one of its operations, in accordance with the commitments set out in the Corporate Sustainability Policy passed in December 201640 Action Point 9.2 The National Oil Company (ENAP), with the support of independent experts, will prepare a baseline to identify eventual impacts on human rights and the promotion and respect actions the Company is currently performing. This has the purpose to identify gaps and manage the relevant plans for human rights remediation and mitigations. Priority subjects included in the study will be: life, health, environment, water, communities and workers. This initiative is based on the new Sustainability Policy passed by the Board of Directors in December 2016. It is composed of four strands: consideration of stakeholders, environment, integrated management and human rights. 9.3 The Ministry of Economy, Development and Tourism will support the incorporation of the Guiding Principles in the business enterprises forming part of the System of Public Business Enterprises (SEP). Read more about State Owned Enterprises/ Public Private Partnerships Strand 6: Strengthening Coherence between Public Policies 6.3. The Ministry of Foreign Affairs will: … Strand 2: Promotion of corporate due diligence in the field of human rights 2.2. The Ministry of Economy, Development and Tourism will: 5. Fundación ACCIÓN Empresa will: 9. Incorporation of matters related with the risks of human rights violations in supply chains and inclusion of LGBTI people. Business enterprises are basic economic units in society which, through their activity, may generate a series of positive impacts on society such as the creation of employment and payment of taxes which, in turn, allows the State to invest public money in the realisation of human rights. Action Point 1.5 [page 32] The Ministry of Social Development will: Through the Division of Public-Private Cooperation, include the focus on business, human rights and sustainable development in training activities about Public Incentives to Benefit Social Development by means of: Action Point 1.7 [page 33] The National Human Rights Institute will: Train staff working in regions about business, human rights and sustainable development, in line with the 2030 Agenda. Action Point 4.2 [page 40] The Public-Private Cooperation Division of the Ministry of Social Development will include questions about the Guiding Principles in the 2017 Study about Social Performance of Business Enterprises, as well as the result of these variables in the final performance report, which will include an analysis of the results and their relationship with the SDGs. Medium and large-size public and private business enterprises will participate in the study. Action Point 6.1 [page 44] Among the efforts being made to implement the 2030 Agenda, the Ministry of Social Development will stress the importance of Human Rights and their relationship with the business industry. For this, the Ministry will: Disseminate the 2030 Agenda for Sustainable Development in, at least, two instances of participation and dialogue focused specifically on addressing the subject of rights in the social environment. Business enterprises, academic centres, the civil society, the State and autonomous bodies would participate in these activities. Carry out, for the dissemination of the 2030 Agenda, participation and reflection actions with business enterprises. Organise, during the diagnostic stage of the actions related with the 2030 Agenda, a first analysis workshop aimed at discussing proposals linked with the contribution of the private sector to achieve the SDGs, with the participation of private businesses, academic centres, the civil society, the State and autonomous bodies. Action Point 6.3 [pages 45-46] The Ministry of Foreign Affairs will: Generate an opportunity to discuss, at a national level, about the integration of the Agenda of the Paris Agreement on Climate Change, the United Nations Guiding Principles on Business and Human Rights, and the 2030 Agenda on Sustainable Development, as well as about the challenges of these Agendas about the contribution of business enterprises. Regarding this national commitment, the Ministry is committed to generate crossreferences about human rights and climate change in the reports prepared about these subjects submitted to international organisations. Action Point 6.4 The Ministry of Economy will: Incorporate the Action Plan in the working agenda of the Economic Board integrated by the National Council for the Implementation of the 2030 Agenda on Sustainable Development, by following up the indicators proposed in the Action Plan that relate with the design and execution of the said Agenda. Prepare an annual report informing about the relationship between cooperatives and SDGs. This report will include a special chapter about human rights. Action Point 7.2 [page 47] The Ministry of Foreign Affairs will: Through the Directorate of Human Rights: Submit a report with recommendations to the National Council for Sustainable Development about the link between the Guiding Principles and the 2030 Agenda for Sustainable Development. This will have the purpose of building capabilities regarding the Guiding Principles and the Sustainable Development Goals in business enterprises that are members of Global Compact Chile, such as: 1. Progress achieved by the Action Plan will be also incorporated in reports about the 2030 Agenda in Chile, both regarding the global and regional mechanisms … 6. The Economic Working Group for implementing the 2030 Agenda will incorporate progress made by the Action Plan to the progress achieved in the SDGs 17 in compliance reports. Action Point 2.2 [page 55] The Ministry of Economy, Development and Tourism will: Action Point 4.3 (page 40) The General Directorate of International Economic Relations of the Foreign Ministry will encourage transparency and inclusion of the civil society both in the negotiation process and in the implementation of trade agreements, pursuant to the confidentiality framework agreed in each case thus generating spaces for the exchange of information, opinions and technical analysis, and through initiatives such as the “Cuarto Adjunto.”* *The Cuarto Adjunto is understood as an open space for information and discussion with civil society and the private sector. At these meetings, stakeholders in each of the trade negotiation disciplines exchanged information, views and technical analysis with stakeholders in each of the areas covered (e.g. environmental, labour, intellectual property, market access, etc). Action Point 6.3. (pages 45-46) Through the General Directorate of International Economic Relations, the Ministry of Foreign Affairs will: Action Point 7.2. (pages 47-48) The Ministry of Foreign Affairs will: … Action Point 7.3 (page 48) The Unit for International Affairs of the Ministry of Labour will: … Due diligence in human rights urges business enterprises to identify, prevent, mitigate and respond for the negative consequences of their activities on human rights, be them action or omissions directly with their operations, their products or services. Likewise, they must apply that care in their trade relations, including in deals with trade partners, bodies incorporated in their value chain and in any other instance related directly with their trade operations, products or services. … The National Contact Point for OECD Guidelines (NCP) of the Ministry of Foreign Affairs will adopt a series of measures to strengthen its duties. For this, it will: … Action Point 1.3 (pages 30-31) The Ministry of Labour will: Action Point 3.2 (page 36) The Ministry of Social Development will: Organise, through the Indigenous Affairs Coordination Unit, a Coordination Board including the participation of indigenous peoples and relevant organisations with the purpose of proposing non-discrimination and inclusion measures in the labour market. This Board will take into consideration the international standards set out in Covenant 169, as well as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the recommendations gathered from the citizens’ dialogues held within the framework of the National Action Plan about the subject. Action Point 4.7 (page 41) The Ministry of Labour will strengthen participation mechanisms, applying a preventive focus, processes and consultation and dialogue mechanisms through the Labour Higher Council. Action Point 6.5 (pages 46-47) The Under-Secretariat of Social Security of the Ministry of Labour will coordinate national, regional and tripartite efforts concerning the National Programme for Health and Safety in the Workplace. This Programme seeks to promote the development of a national culture of prevention in health and safety issues; contribute to the protection of workers through the elimination of work-related dangers and risks, or to their reduction to a minimum level, with the purpose of preventing injuries, diseases and deaths caused by work and promote health and safety in the workplace. Implementation will be based on ILO Convention No. 187 about the Framework for Health and Safety in the Workplace and the Programme of Government of the President of the Republic, through a regional and nations process consultation to representatives of the employers, workers, government entities and bodies responsible for enforcing Law No. 16,744. Action Point 8.3. (page 49) The Ministry of Labour and the Ministry of Social Development will continue promoting labour inclusion through the creation of the regulation supporting the Labour Inclusion Law, thus fostering inclusion from a human rights perspective.Children’s rights
Pillar 1: The State Duty to Protect Human Rights
Strand 3: Inclusion and Non-Discrimination
…Contributions by other actors (page 88)
Conflict-affected areas
Pillar 1: The State Duty to Protect Human Rights
Strand 1: Training in the Field of Business and Human Rights
Construction sector
Corporate law & corporate governance
Pillar 1: The State Duty to Protect Human Rights
Strand 8: Legislation, Policies and Incentives
Strand 9: State Business Enterprises
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights
Corruption
Data protection & privacy
Development finance institutions
Digital technology & electronics sector
Energy sector
o Through the Division of Social Involvement and Dialogue, within the implementation framework of the Indigenous Chapter of the 2050 Energy Policy33, perform the following actions:
· Develop training sessions in renewable energy for indigenous leaders with focus
on business and human rights.
· Perform activities to transfer experiences and knowledge to companies, so that
they have information available for the development of energy projects in
indigenous contexts.
· Develop actions to train business enterprises about human rights and corporate
activity, focusing on indigenous rights and cosmovision.
· Train indigenous peoples about business and human rights. This initiative will be
performed in conjunction with the Indigenous Affairs Unit of the Ministry of Social Development, which will facilitate coordination between initiatives carried out by both institutions – page 31
o Encourage, within the framework of the Local Development Policy35, the participation of Environment & climate change
Pillar 1: The State Duty to Protect Human Rights
Strand 1: Training in the Field of Business and Human Rights
Strand 2: Dialogue
Strand 4: Transparency and Participation
Strand 5: Public Contracts
Strand 6: Strengthening coherence between public policies
Strand 7: Strengthening of international political coherence
Strand 9: State Business Enterprises
Pillar 2: Corporate Responsibility to Respect Human Rights
Strand 1: Contextual issues: Development of texts allowing business enterprises to understand the local context and the risks of potential negative impacts on human rights.
Strand 2: Promotion of corporate due diligence in the field of human rights
Action Point 2.2 [page 55]
Equality & non-discrimination
Pillar 1. The State duty to protect human rights
Strand 3: Inclusion and Non-Discrimination [pages 35-38]
Strand 5: Public Contracts
Strand 6: Strengthening coherence between public policies
Export credit
Pillar 1: The State Duty to Protect Human Rights
Strand 1: Training in the Field of Business and Human Rights
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights
Extractives sector
Pillar 1: The State Duty to Protect Human Rights
Strand 1: Training in the Field of Business and Human Rights
Strand 3: Inclusion and Non-Discrimination
Strand 9: State Business Enterprises
Extraterritorial jurisdiction
Pillar 1: The State Duty to Protect Human Rights
Strand 7: Strengthening of Coherence in International Policy
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights
Finance & banking sector
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights
Fisheries and aquaculture sectors
The Ministry of Economy, Development and Tourism will:Forced labour & modern slavery
Actions of the National Action Plan on Business and Human Rights (page 25-26)
Freedom of association
Glossary [page 9]
Garment, Textile and Footwear Sector
Gender & women’s rights
Pillar 1: The State Duty to Protect Human Rights
Strand 3: Inclusion and Non-Discrimination
Guidance to business
Pillar 1: The State Duty to Protect Human Rights
Strand 1: Training in the Field of Business and Human Rights
indigenous contexts.
Social Development, which will facilitate coordination between initiatives carried out by both institutions within the context of the Action Plan.
Strand 2: Dialogue
Strand 3: Inclusion and Non-Discrimination (page 35)
Strand 4: Transparency and Participation
Strand 5: Public Procurement
Through the integrity agreement, suppliers commit, inter alia, to act with transparency, probity and truthfulness regarding the information and details submitted in the tender papers. This clause will be included in all terms and conditions of the Framework Agreement, and use thereof will be encouraged in the terms and conditions of public tenders. For the correct understanding of this clause, Chilecompra will train suppliers in its contents, including the issues of business and human rights.Strand 6: Strengthening Coherence between Public Policies
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 1: Contextual Issues: Preparation of Documents allowing Business Enterprises to
Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights
Strand 3: Reports in the field of Human Rights
Contributions by other actors (page 88)
Health and social care
III. First National Action Plan on Business and Human Rights in Chile
Actions of the National Action Plan on Business and Human Rights
Pillar 1: The State Duty to Protect Human Rights
Strand 9: State Business Enterprises
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 1: Contextual issues: Development of texts allowing business enterprises to understand the local context and the risks of potential negative impacts on human rights.
Human rights defenders & whistle-blowers
Human rights impact assessments
Pillar 1: The State Duty to Protect Human Rights
Strand 3: Inclusion and Non-Discrimination
Strand 8: Legislation, Policies and Incentives
Strand 9: State Business Enterprises
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 1: Contextual Issues: Preparation of Documents allowing Business Enterprises to Understand the Local Context and the Risks of Potential Negative Impacts on Human Rights
Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights
Pillar 3: Access to Redress Mechanisms
the relevant measures may be taken. For smooth operation of these spaces for dialogue, the public sector will promote the availability of a record of advisors and facilitators to be used by communities, and a Symmetry Fund allowing to finance such advisors or facilitators.Indigenous peoples
Pillar 1. The State duty to protect human rights
Strand 1: Training in the Field of Business and Human Rights [pages 31-32]
Strand 2: Dialogue
Strand 3: Inclusion and Non-Discrimination
Strand 4: Transparency and Participation
Strand 8: Legislation, Policies and Incentives
Pillar 2: Corporate Responsibility to Respect Human Rights
Strand 1: Contextual issues: Development of texts allowing business enterprises to understand the local context and the risks of potential negative impacts on human rights
Strand 2: Promotion of corporate due diligence in the field of human rights Action Point 2.2 [page 55]
Pillar 3. Access to Remedy
Strand 2: State-Based Non-Judicial Mechanisms
Investment treaties & investor-state dispute settlements
Judicial remedy
Pillar 3: Access to Redress Mechanisms
Strand 1: State-Based Judicial Mechanisms (page 58-59)
Land
Pillar 1. State Duty to respect human rights
Strand 2: Dialogue
Mandatory human rights due diligence
Pillar 1: The State Duty to Protect Human Rights
Strand 1: Training in the Field of Business and Human Rights
Strand 2: Dialogue
agreements; dispute resolution mechanisms allowing to resolve through alternative methods any disagreements that may arise in the dialogue process. Efficiency criteria set out in Guiding Principle No. 31 will be included in the design of the complaint mechanism.Strand 3: Inclusion and Non-Discrimination
Strand 4: Transparency and Participation
Strand 5: Public Procurement
Strand 8: Legislation, Policies and Incentives
Strand 9: State Business Enterprises
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights
Migrant workers
Pillar 1: The State Duty to Protect Human Rights
Strand 3: Inclusion and Non-Discrimination
National Human Rights Institutions/ Ombudspersons
Actions of the National Action Plan on Business and Human Rights (page 26)
Pillar 1: The State Duty to Protect Human Rights
Strand 1: Training in the Field of Business and Human Rights
These recommendations, and those coming from the international human rights system will be considered in training sessions given to public officers about companies and human rights.Strand 2: Dialogue
Strand 5: Public Procurement
Pillar 3: Access to Redress Mechanisms
Strand 2: State-Based Non-Judicial Mechanisms
Non-financial reporting
Pillar 1: The State Duty to Protect Human Rights
Strand 8: Legislation, Policies and Incentives
Strand 9: State Business Enterprises
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 3: Reports on Human Rights Issues
Non-judicial grievance mechanisms
Pillar 1: The State Duty to Protect Human Rights
Strand 2: Dialogue
Pillar 2: The Corporate Responsibility to Respect Human Rights
Pillar 3: Access to Redress Mechanisms
Strand 2: State-Based Non-Judicial Mechanisms (pages 59-62)
the relevant measures may be taken. For smooth operation of these spaces for dialogue, the public sector will promote the availability of a record of advisors and facilitators to be used by communities, and a Symmetry Fund47 allowing to finance such advisors or facilitatorsStrand 3: Non-State-Based Mechanisms (page 62-63)
Strand 4: Criteria for the Effectiveness of Non-Judicial Grievance Mechanisms (page 63-64)
OECD National Contact Points
Pillar 3: Access to Redress Mechanisms
Strand 2: State-Based Non-Judicial Mechanisms
Persons with disabilities
Pillar 1: State duty to respect human rights
Strand 1: Training in the Field of Business and Human Rights
Strand 3: Inclusion and Non-Discrimination
Strand 5: Public Contracts
Policy coherence
Prologue: Business and Human Rights for Sustainable Development
I. Value of the United Nations Guiding Principles on Business and Human Rights (page 15-16)
Pillar 1: The State Duty to Protect Human Rights
Strand 1: Training in the Field of Business and Human Rights
actions:
Strand 2: Dialogue
Strand 3: Inclusion and Non-Discrimination
Strand 4: Transparency and Participation
Strand 5: Public Procurement
Strand 6: Strengthening Coherence between Public Policies
Strand 7: Strengthening of Coherence in International Policy
Strand 9: State Business Enterprises
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 1: Contextual Issues: Preparation of Documents allowing Business Enterprises to Understand the Local Context and the Risks of Potential Negative Impacts on Human Rights
Implementation, Monitoring and Follow-Up (page 67-68)
Privatisation
Pillar 1: The State Duty to Protect Human Rights
Public procurement
Pillar 1: The State Duty to Protect Human Rights
Strand 5: Public Contracts (page 42-44)
o Incorporate an “Integrity Agreement” clause,* where the supplier bounds himself/herself to respect human rights in accordance with the Guiding Principles. Through the integrity agreement, suppliers commit, inter alia, to act with transparency, probity and truthfulness regarding the information and details submitted in the tender papers. This clause will be included in all terms and conditions of the Framework Agreement, and use thereof will be encouraged in the terms and conditions of public tenders. For the correct understanding of this clause, Chilecompra will train suppliers in its contents, including the issues of business and human rights.
Security sector
Pillar 1: The State Duty to Protect Human Rights
Strand 1: Training in the Field of Business and Human Rights
Small & medium-sized enterprises
Pillar 1: The State Duty to Protect Human Rights
Strand 1: Training in the Field of Business and Human Rights
Strand 3: Inclusion and Non-Discrimination
Strand 6: Strengthening Coherence between Public Policies
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights
State Owned Enterprises/ Public Private Partnerships
Pillar 1. The State duty to protect human rights
Strand 1: Training in the Field of Business and Human Rights
Strand 4: Transparency and Participation
Strand 9: State Business Enterprises
Supply chains
Pillar 1: The State Duty to Protect Human Rights
Pillar 2: The Corporate Responsibility to Respect Human Rights
Contributions by Other Actors
V. Proposal of a Roadmap for an Upcoming Action Plan
Taxation
III. First National Action Plan on Business and Human Rights in Chile
Normative Framework (page 20)
The 2030 Agenda for Sustainable Development
Pillar 1. State duty to respect human rights
Strand 1: Training in the Field of Business and Human Rights
Strand 4: Transparency and Participation
Strand 6: Strengthening Coherence between Public Policies
Strand 7: Strengthening of International Political Coherence
Contribution by Other Actors [page 65]
IV. Implementation, Monitoring and Follow-up [page 68]
Tourism sector
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 2: Promotion of corporate due diligence in the field of human rights
Trade
Pillar 1: The State Duty to Protect Human Rights
Strand 4: Transparency and Participation
Strand 6: Strengthening Coherence between Public Policies
Strand 7: Strengthening of Coherence in International Policy
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights (page 54)
Action Point 2.1 (pages 59-60)
Workers’ rights
Pillar 1: The State Duty to Protect Human Rights
Strand 1: Training in the Field of Business and Human Rights
Strand 3: Inclusion and Non-Discrimination
Strand 4: Transparency and Participation
Strand 6: Strengthening Coherence between Public Policies
Strand 8: Legislation, Policies and Incentives
Chile: 2nd NAP (2022-2025)
NAP Development Process
Status
On 4 March 2022, Chile published its 2nd National Action Plan on Business and Human Rights (Spanish). This NAP was published in the final weeks of the previous government. It is understood that current government is updating the 2nd NAP.
Process
On the 18 October 2019, the government began developing an updated NAP. This process was led by an inter-ministerial committee composed of 9 ministries (led by Ministry of Justice and Human Rights and including the Ministry of Economy, Development and Tourism, the Ministry of Foreign Affairs, The Ministry of Social Development and Family, The Ministry of Environment, The Ministry of Women and Gender Equality, amongst others) and of 11 institutions (including Chile Compra and the OECD National Contact Point). Each of the 9 ministries nominated a focal point which lead the technical discussions and drive the process. The second NAP document specifies that the second NAP development process began with the consolidation development of a Roadmap for the process. In October 2019, a one-day workshop was held with the objective of proposing initial guidelines for the development process of the second NAP and reflecting on the first NAP on Business and Human Rights. On 28 January 2020, the results of this workshop were presented to the inter-ministerial committee. In May 2020, a Road Map (‘Hoja de ruta’ – available here in Spanish) was developed for the update. This was presented to the stakeholder group 360 Committee on Human Rights and Business (Comité 360°) and agreed by the inter-ministerial committee and relevant ministers.
Based on recommendations from the 360 Committee, the Undersecretary of Human Rights prepared the bases for a public tender, which was carried out in June 2020. This tender was conducted with the aim of developing a study on:
- An evaluation of the first National Action Plan,
- A proposal for citizen participation mechanisms, and
- New topics regarding human rights and companies to be considered in the second NAP
The results of the study were presented to the 360 Committee on 4 December 2020 and to the inter-ministerial committee on 11 December 2020. After this, the Undersecretary of Human Rights prepared a first draft proposal for the second version of the NAP. This draft was then presented in January 2021 to 11 experts in the field of business and human rights to solicit their reflections and recommendations.
Several meetings with civil society were held throughout 2021 (see section ‘Stakeholder participation’ below).
In the last quarter of 2021, a series of meetings were held to decide which public institutions (Ministries and departments of the State) would be incorporated in the actions and commitments in the second NAP and in what way. For example, it was decided that the Financial Market Commission (FMC) would be incorporated in a way that builds on a regulation incorporating sustainability and corporate governance requirements in Annual Reports (Circular no. 461, which can be found here in Spanish) that the FMC adopted in November 2021.
The development process then moved to the last phase, namely the designing and formulating of actions in accordance with all recommendations and inputs received. Training sessions were held focusing on focal points for each public institution and strengthening knowledge on responsible business conduct. Two methodological workshops were held on 9 and 16 December 2021. Additionally, two meetings were held with the Undersecretary of Human Rights and relevant public institutions on 17 and 29 December 2021, with the objective of supporting the institutions in the development of their commitments.
On 4 March 2022, the 2nd NAP on Business and Human Rights of Chile was published.
Stakeholder Participation
In October and November 2021, a citizen participation process took place to involve civil society in the process of developing the second NAP. The citizen participation took place as a digital consultation through a web platform. During the digital session, 9 questions were considered, centred around the UNGPs and actions to be incorporated in the second NAP.
Meetings with civil society organisations were held on a digital platform as well and took place on 23, 24 and 25 November 2021. Each meeting addressed one of the pillars of the UNGPs with the aim of consolidating group reflections on each of the pillars.
On 26 December 2021, a meeting took place with representatives of indigenous peoples and Afro-descendant people via a digital platform.
National Baseline Assessment (NBA)
In August 2020 the government contracted la Universidad Católica de Chile to undertake a study to:
– Evaluate the 1st NAP
– Evaluate and proposed a new stakeholder participation mechanism for the updated NAP
– Propose new themes on business and human rights for the updated NAP
The results of this study were published here in November 2020.
On January 10, 2022, the Pontificial Catholic University of Chile, in collaboration with the UN CERALC Project, the ILO and the World Benchmarking Alliance released a human rights snapshot of 29 Chilean companies. The final snapshot is available here and the launch event was recorded and published here.
Follow-up, monitoring, reporting and review
The second NAP identifies specific governmental institutions for the implementation of each commitment of the NAP, and specifies compliance indicators and an estimated compliance period indicating when the specific commitment should have been completed.