Chile

Pillar 1: The State Duty to Protect Human Rights

Strand 3: Inclusion and Non-Discrimination

Action Point 3.2 (page 47)

The Ministry of Social Development will:

• Create a board, integrated by representatives of the public and private sector, civil society organisations and academia, to address the work and family conciliation and its impact on children and their careers. The aim is to raise awareness on the impacts of the work and family conciliation in the development of children and adolescents and disseminate best practices on this issue, on the private and public sector.
  …
• 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.

Contributions by other actors (page 88)

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.

…

Read more about Children’s rights

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

Action Point 1.2 (page 30)

The Under-Secretariat of Human Rights of the Ministry of Justice and Human Rights will: …

• Promote the introduction of contents about business enterprises and human rights in training sessions held by the Armed Forces and the Order and Security Forces, when relevant, according to the trainees’ profiles…

Read more about Conflict-affected areas

Chile’s NAP makes no reference to the construction sector.

Read more about Construction sector

Pillar 1: The State Duty to Protect Human Rights

Strand 8: Legislation, Policies and Incentives

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.

Strand 9: State Business Enterprises

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

Pillar 2: The Corporate Responsibility to Respect Human Rights

Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights

Action Point 2.1 (page 54)

The Ministry of Foreign Affairs, through the General Directorate of International Economic Relations, will:

• Promote human rights in the management of public funds to promote exports carried out by ProChile, through the progressive incorporation of analysis mechanisms helping to ensure that business enterprises having access to the tools offered by this entity respect human rights. Likewise, it will establish, if relevant, requirements about sustainability and respect for human rights, as criteria to choose the business enterprises participating in programmes to promote exports and corporate activities, including SMEs and micro SMEs. …

Action Point 2.2 (page 55)

The Ministry of Economy, Development and Tourism will: …

• Hold a working group meeting at least once each semester with the Division of Social Economy and Associativity and the Division of Smaller Business Enterprises, with the purpose of identifying the impact of human rights in the management of businesses such as cooperatives and SMEs, and of incorporating the vision of human rights and business enterprises within this type of economic associations. Based on the activities of the working groups, sector guides will be developed to evaluate compliance with human rights issues, with special emphasis on the management of supply chains. …
• Agree, with business enterprises represented in the Social Responsibility Council for Sustainable Development, upon the development of memorandums of understanding, guides, handbooks and guidelines containing best practices, so that they can become an integral part of business and human rights standards in the following subject matters: labour practices, impact on communities, corporate practices and supply chain management. …
• Coordinate technical meetings with SEP, CORFO, SERNAC and SERCOTEC to agree on the incorporation of targets and indicators of compliance with human rights standards in these services.

Read more about Corporate law & corporate governance

Chile’s NAP makes no explicit reference to corruption in its main text.

Read more about Corruption

The Chilean NAP does not make an explicit reference to Data Protection and Privacy.

Read more about Data protection & privacy

The Chilean NAP does not make an explicit reference to Development Finance Institutions.

Read more about Development finance institutions

Chile’s NAP makes no reference to the ICT and electronics sector.

Read more about Digital technology & electronics sector

Pillar 1 / Strand 1: Training in the Field of Business and Human Rights

1.4 The Ministry of Energy will:
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

Pillar 1 / Strand 2: Dialogue

Read more about Energy sector

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

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.

Strand 2: Dialogue

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.

Strand 4: Transparency and Participation

Action Point 4.4 [page 31]

The Ministry for the Environment:

• Commits itself to strengthen the effective enforcement of Principle 10 of the 1992 Rio Declaration about participation, access to information and awareness concerning environmental issues, within the context of the preparation of the Regional Instrument on Access Rights to Environmental Issues.
• In line with Principle 10 of the 1992 Rio Declaration, it will assess the development of methodologies allowing to facilitate access to environmental information available concerning projects submitted to Environmental Impact Assessment System (EIA), by taking into consideration the complexity and depth of the subjects under discussion.
• The EIA will design a mechanism to establish the usefulness and impact of the Guide for Early Community Involvement, available since 2013, with the purpose of reporting communities at an early stage about projects submitted to the Environmental Impact Assessment System.
• Will promote the availability of spaces for dialogue and participation regarding climate change actions, including the organisation of workshops and public consultation meetings for the preparation of sector adaptation plans. This will be included within the framework of the 2017-2022 National Action Plan for Climate Change -under preparation- which includes the concept of equity as a guiding principle, and gives special consideration to subject such as gender equality, human rights and indigenous peoples. o Will seek to incorporate the gender focus in the next climate change adaptation plans, with the purpose of including the participation of women in the preparation and implementation of actions about this subject.

Strand 5: Public Contracts

Action Point 5.3 [page 43]

The INDH will adopt a human rights and environmental policy for the purchase of goods and services.

Strand 6: Strengthening coherence between public policies

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:

• Reinforce the work of committees created pursuant to chapters contained in trade agreements about SMEs, cooperation, gender, environment, transparency and labour matters, so that they include human rights-related objectives in their duties, thus becoming a forum for carrying out relevant dialogues. In line with the above, DIRECON will encourage the development of specific coordination activities in the committees and promote the development of technical capacities in human rights

Strand 7: Strengthening of international political coherence

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.

Strand 9: State Business Enterprises

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.

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.

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.

Strand 2: Promotion of corporate due diligence in the field of human rights

Action Point 2.2 [page 55]

The Ministry of Economy, Development and Tourism will:

• 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.

Read more about Environment & climate change

Pillar 1. The State duty to protect human rights

Strand 3: Inclusion and Non-Discrimination [pages 35-38]

Action Point 3.1

The Ministry of Labour will:

• Perform a series of actions aimed at the protection and defense of human and labour rights of migrants through:

• The identification of migrants that may benefit from State programmes on labour matters.
• Training and awareness actions regarding the rights of migrants in the labour market for civil servants, unions and migrant associations.
• Seek to increase the incorporation and participation of women in the labour market through programmes benefiting this group such as: Bonus to Reward the Work of Women; Programme to Develop Labour Competences for Women, Chile Solidario.
• Promote and ensure the participation of women workers in unions.
• Foster parental responsibility through the development of Special Covenants where unions may agree with the employer upon certain covenants aimed at offering workers with parental responsibilities the chance to access to labour schemes combining time at the workplace with time out of the workplace, as set out by article 376 of Law No. 20,940.

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:

• Talks about business and human rights addressed at key actors in the small, medium and large-scale mining industry.
• Through the participation in Regional Boards and in the National Board for Women and Mining, the development of an action plan will be supported to raise awareness and motivate the different public and private actors involved in the mining industry in subjects such as gender equality. Likewise, the implementation of conditions for women to stay and develop a career in the mining industry and get equal pay will be fostered, as well as the creation of good labour practices and the balance between work, family and personal life.

Action Point 3.4

The Ministry of Economy, Development and Tourism, through the Division of Associativity and Social Economy will:

• Create incubators of inclusive cooperatives in conjunction with SENADIS, the Ministry for Women and Gender Equality and local governments, in five districts -through training sessions in four different regions about the programme of female leadership in cooperatives.
• Encourage the organisation of training and support for the effective exercise of gender parity at democratic representation bodies within cooperatives.

Action Plan 3.6

The Ministry for Women and Gender Equality will:

• Carry out activities in conjunction with the Danish Embassy to encourage the respect of human rights in women regarding corporate activity. The activities will be performed within the framework of the Memorandum of Understanding about “Gender Equality and Sustainability, including Business and Human Rights.”
• Organise training sessions for union leaders of State business enterprises about the union’s challenges regarding gender-focused demands.
• Organise training sessions for human resource staff working in State business enterprises and other businesses about the balance between work and family life.
• Disseminate Chilean Regulation No. 3262 to civil servants and business enterprises.
• Encourage gender equality in business enterprises through the Iguala Seal.
• Train civil servants about the balance between work and family life.

Strand 5: Public Contracts

Action Point 5.4 [page 43]

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.

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: …

• Through the National Service of the Elderly, will coordinate dialogues about the services that provide the elderly residences with a human rights approach through protocols guidelines. The dialogues will be with enterprises at a regional level that provide services of care to elderly people to disseminate the guidelines the Service has define.

Action Point 6.3

The Ministry of Foreign Affairs will: …

• Through the General Directorate of International Economic Relations, it will: · Reinforce the work of committees created pursuant to chapters contained in trade agreements about… gender..so that they include human rights-related objectives in their duties, thus becoming a forum for carrying out relevant dialogues. In line with the above, DIRECON will encourage the development of specific coordination activities in the committees and promote the development of technical capacities in human rights.

Read more about Equality & non-discrimination

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

Action point 1.1 (pages 29-30)

The Ministry of Foreign Affairs will:

• The General Directorate of International Economic Relations (DIRECON), will, Carry out internal actions to promote knowledge around business and human rights with the purpose that staff working in this Directorate take these criteria into account when developing their activities.
• DIRECON will periodically report to the Trade Offices and Regional Offices of the Exports Promotion Directorate (ProChile) about 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

Action Point 2.1 (pages 54-55)

The Ministry of Foreign Affairs, through the General Directorate of International Economic Relations, will:

• Promote human rights in the management of public funds to promote exports carried out by ProChile, through the progressive incorporation of analysis mechanisms helping to ensure that business enterprises having access to the tools offered by this entity respect human rights. Likewise, it will establish, if relevant, requirements about sustainability and respect for human rights, as criteria to choose the business enterprises participating in programmes to promote exports and corporate activities, including SMEs and micro SMEs.
• Disclose to business enterprises who are members of ProChile the United Nations Guiding Principles, thus helping, in this was and as far as possible, to incorporate them in their activities. It will do this through information available in the website, talks or sets of tools to strengthen their capabilities, and/or through the publication of handbooks containing the Guiding Principles or another suitable instrument, with special focus on information and training provided to SMEs.

Read more about Export credit

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

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.

Strand 3: Inclusion and Non-Discrimination

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:

• Talks about business and human rights addressed at key actors in the small, medium and large-scale mining industry.
• Through the participation in Regional Boards and in the National Board for Women and Mining, the development of an action plan will be supported to raise awareness and motivate the different public and private actors involved in the mining industry in subjects such as gender equality. Likewise, the implementation of conditions for women to stay and develop a career in the mining industry and get equal pay will be fostered, as well as the creation of good labour practices and the balance between work, family and personal life.

Strand 9: State Business Enterprises

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.

Read more about Extractives sector

Pillar 1: The State Duty to Protect Human Rights

Strand 7: Strengthening of Coherence in International Policy

Action Point 7.2 (pages 47-48)

The Ministry of Foreign Affairs will:

• Through the Directorate of Human Rights: …

• Create and coordinate a working group aimed at generating material for the annual meetings held by the Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights. The working group will meet periodically with the purpose of generating proposals within the framework of this process, which will partially consist in carrying consultations with the civil society to gather material and draft a proposal concerning this matter. …

Pillar 2: The Corporate Responsibility to Respect Human Rights

Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights

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:

• Renew and strengthen the Mirror Committee, a body composed by representatives from the business community, unions, NGOs, and academia -with the support of Chile’s National Human Rights Institute (NHRI). The Committee’s main role is advising the NCP and supporting his/her work, including the dissemination and treatment of the cases he/she receives. This role will be strengthened by renewing the Committee to enhance the promotion of a Responsible Corporate Behaviour among national stakeholders
• Submit, in conjunction with the Directorate of Human Rights of the Ministry of Foreign Affairs, before the Mirror Committee of the National Contact Point, the existing relationship between the OECD Guidelines for Multilateral Enterprises and the UN Guiding Principles on Business and Human Rights.
• Prepare, in conjunction with the NHRI, an Agreement of Good Intentions with the purpose strengthening communication between both organisations, share information about potential specific situations and infringement of the Guidelines, specifically regarding the chapter on human rights, and carry out joint execution of the same in dissemination and training activities.
• Organise, in conjunction with the Directorate of Human Rights of the Ministry of Foreign Affairs, dissemination and training activities, covering both instruments, for different national stakeholders, by including the mediation/conciliation role of the National Contact Point in the resolution of disputes with multilateral enterprises. Activities include the preparation of a briefing leaflet covering the relationship between OECD Guidelines and the Guiding Principles.
• Keep Trade Offices periodically updated, both at a national and international level, as well as the Chilean Embassies abroad and future Chilean diplomats, about OECD Guidelines, through official messages, teleconferences, visits to Embassies/Regional Offices and coordination of the Chilean Diplomatic Academy. …

Read more about Extraterritorial jurisdiction

Pillar 2: The Corporate Responsibility to Respect Human Rights

Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights

Action Point 2.2 (page 56)

The Ministry of Economy, Development and Tourism will: …

• Look to generate strategic alliances with banking institutions to facilitate access to financial services to cooperatives -which projects integrate an actual and potential analysis of the contribution and impact that the business may have on human rights. …

Read more about Finance & banking sector

Action Point 2.2 [page 55]
The Ministry of Economy, Development and Tourism will:

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.

Read more about Fisheries and aquaculture sectors

Actions of the National Action Plan on Business and Human Rights (page 25-26)

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.

Read more about Forced labour & modern slavery

Glossary [page 9]

“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.”

Read more about Freedom of association

The Chilean NAP does not make a direct reference to the Garment sector.

Read more about Garment, Textile and Footwear Sector

Pillar 1: The State Duty to Protect Human Rights

Strand 3: Inclusion and Non-Discrimination

Action Point 3.1 (pages 35-36)

The Ministry of Labour will:

• Perform a series of actions aimed at the protection and defence of human and labour rights of migrants through: …

• Seek to increase the incorporation and participation of women in the labour market through programmes benefiting this group such as: Bonus to Reward the Work of Women; Programme to Develop Labour Competences for Women, Chile Solidario.
• Promote and ensure the participation of women workers in trade unions.
• Foster parental responsibility through the development of Special Covenants where unions may agree with the employer upon certain covenants aimed at offering workers with parental responsibilities the chance to access labour schemes combining time at the workplace with time out of the workplace, as set out by article 376 of Law No. 20,940.

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:

• Talks on business and human rights targeting key actors in the small, medium and large-scale mining industry.
• Through the participation in Regional Boards and in the National Board for Women and Mining, the development of an action plan will be supported to raise awareness and motivate the different public and private actors involved in the mining industry in subjects such as gender equality. Likewise, the implementation of conditions for women to stay and develop a career in the mining industry and receive equal pay will be fostered, as well as the creation of good labour practices and the balance between work, family and personal life.

Action Point 3.4 (page 38)

The Ministry of Economy, Development and Tourism, through the Division of Associativity and Social Economy will:

• Create incubators of inclusive cooperatives in conjunction with SENADIS, the Ministry for Women and Gender Equality and local governments, in five districts -through training sessions in four different regions about the programme of female leadership in cooperatives.
• Encourage the organisation of training and support for the effective exercise of gender parity at democratic representation bodies within cooperatives.

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: …

• Organise training sessions for union leaders of State business enterprises about the union’s challenges regarding gender-focused demands.
• Organise training sessions for human resource staff working in State business enterprises and other businesses about the balance between work and family life.
• Disseminate Chilean Regulation No. 3262 to civil servants and business enterprises.
• Encourage gender equality in business enterprises through the Iguala Seal.
• Train civil servants about the balance between work and family life.

Read more about Gender & women’s rights

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

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:

• Through the Division of Participation and Social Dialogue, within the implementation framework of the Indigenous Chapter of the 2050 Energy Policy, 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 within the context of the Action Plan.

Action Point 1.5 (pages 31-32)

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.
• 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:
  • Workshop-seminars about Public Incentives to Benefit Social Development for Business Enterprises and public-private cooperation in accordance with the Guiding Principles and the 2030 Agenda, thus strengthening the State-Business nexus and promoting due diligence in human rights.
  • Introduction of a module about the “Guiding Principles on Business and Human Rights and their connection with the 2030 Agenda for Sustainable Development” in a workshop-seminar organised by business senior and executive staff.
• Through the National Disability Service, will:
  • Train public and private business enterprises to include inclusive for disabled people in inductions and training programmes.
  • Organise seminars to public services and bodies, business enterprises and the civil society to address subject concerning disability. Also, a course about Human Rights and Disability will be given at universities, and outreach actions will be carried out involving public services and bodies, business enterprises and the civil society.

Strand 2: Dialogue

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.

Strand 3: Inclusion and Non-Discrimination (page 35)

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:

• Carry out activities in conjunction with the Danish Embassy to encourage the respect of human rights in women regarding corporate activity. The activities will be performed within the framework of the Memorandum of Understanding about “Gender Equality and Sustainability, including Business and Human Rights.”
• Organise training sessions for union leaders of State business enterprises about the union’s challenges regarding gender-focused demands.
• Organise training sessions for human resource staff working in State business enterprises and other businesses about the balance between work and family life.
• Disseminate Chilean Regulation No. 3262 to civil servants and business enterprises.
• Encourage gender equality in business enterprises through the Iguala Seal. …

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.

Strand 4: Transparency and Participation

Action Point 4.1 (page 40)

The Ministry of Energy will:

• Include, within the framework of the Indigenous Chapter of the 2050 Energy Policy, 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.
• 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.

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.

Strand 5: Public Procurement

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:

• Incorporate an “Integrity Agreement” clause38, 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.
• Assess the possibility to gather, through a relevant guideline, recommendations for buyers aimed at safeguarding the respect for human rights in the process of acquiring goods and services. …

Strand 6: Strengthening Coherence between Public Policies

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:

• To review the international experience in the subject;
• To analyse current instruments for gathering information;
• To draft a proposal that includes indicators using the information available and require the gathering of new information.
• Through the National Service of the Elderly, will coordinate dialogues on services that provide elderly residences and a human rights approach through protocols guidelines. The dialogues will be with enterprises at a regional level that provide services of care to elderly people to disseminate the guidelines the Service has define.

Pillar 2: The Corporate Responsibility to Respect Human Rights

Strand 1: Contextual Issues: Preparation of Documents allowing Business Enterprises to

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:

• Disseminate and update the Human Rights and Business Country Guide to Chile with the participation of business, civil society, trade unions, and academia.

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.

Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights

Action Point 2.1 (page 54)

The Ministry of Foreign Affairs will:

• Promote human rights in the management of public funds to promote exports carried out by ProChile, through the progressive incorporation of analysis mechanisms helping to ensure that business enterprises having access to the tools offered by this entity respect human rights. Likewise, it will establish, if relevant, requirements about sustainability and respect for human rights, as criteria to choose the business enterprises participating in programmes to promote exports and corporate activities, including SMEs and micro SMEs.
• Disclose to business enterprises who are members of ProChile the United Nations Guiding Principles, thus helping, in this was and as far as possible, to incorporate them in their activities. It will do this through information available in the website, talks or sets of tools to strengthen their capabilities, and/or through the publication of handbooks containing the Guiding Principles or another suitable instrument, with special focus on information and training provided to SMEs.

Action Point 2.2 (page 55)

The Ministry of Economy, Development and Tourism will: …

• Agree, with business enterprises represented in the Social Responsibility Council for Sustainable Development, upon the development of memorandums of understanding, guides, handbooks and guidelines containing best practices, so that they can become an integral part of business and human rights standards in the following subject matters: labour practices, impact on communities, corporate practices and supply chain management.

Strand 3: Reports in the field of Human Rights

Action Point 3.1 (pages 56-57)

The Ministry of Economy, Development and Tourism will:

• Encourage the development of a Guide about the duty of public enterprises regarding human rights.
• Foster the use of reporting mechanisms about human rights between public business enterprises.
• Promote, through the Division of Associativity and Social Economy, strategies and mechanisms of accountability and non-financial reporting for cooperatives, which will include the potential risks of their businesses on human rights. To encourage the use of this practice, an electronic template will be developed in 2017, free of charge and freely available, for these bodies to report to the State and their different target audiences.

Contributions by other actors (page 88)

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: …

2. Fundación Casa de la Paz, with the support of the Inter-Ministerial Working Group, will lead the process to create the “Guías Chile” initiative, with the purpose of gathering business enterprises, civil society organisations and the Government to improve business practices in the field of human rights in the Chile.
3. Global Compact Chile will organise a series of activities with technical support by the Directorate of Human Rights of the Ministry of Foreign Affairs and international organisations. 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:

• Creation of a Working Group on Business and Human Right in Global Compact.
• Introduction workshop about their application, practice and connection with the SDGs.
• Four working sessions aimed at including the human rights focus and how it is applied by business enterprises about the SDGs.
• Collection and dissemination of tools for the adoption of due diligence by companies, in line with the SDGs, introducing material available of the Global Compact World Office.
• Creation, in conjunction with the Ministry of Foreign Affairs, of the criteria to choose best practices available about human rights in the System for the Integration of Compact Principles (SIPP). The Framework for Reporting in Human Rights will be taken as a reference.
• Work with the Ministry of Economy to promote the subscription by business enterprises who are members of the Global Compact, in the Ministry’s initiatives that have incidence on this Plan.

4. The Santiago Stock Exchange will coordinate with trading business the holding of training workshops on business and human rights. For this, it will have the technical support of the Directorate of Human Rights of the Ministry of Foreign Affairs and international institutions.
5. Fundación ACCIÓN Empresa will:

• Prepare a study about main challenges existing in this field, starting by the corporate role, to comply with the Guiding Principles, with the purpose of contributing strategies to resolve issues through good corporate practices in this field.
• Create a Corporate Committee for Responsible Supply, aimed at identifying the best corporate practices in place to minimise the infringement of rights in their value chain. It includes 4-6 annual sessions.

6. The Social Responsibility Council for Sustainable Development will create a working group for business and human rights. This initiative will have the purpose of analysing strategies introducing human rights standards in corporate activity, sharing best practices y reviewing documents and tools to be promoted by the Council in this field.

Read more about Guidance to business

III. First National Action Plan on Business and Human Rights in Chile

Actions of the National Action Plan on Business and Human Rights 

[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 …

Pillar 1: The State Duty to Protect Human Rights

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:

• Through the National Service of the Elderly, will coordinate dialogues about the services that provide the elderly residences with a human rights approach through protocols guidelines. The dialogues will be with enterprises at a regional level that provide services of care to elderly people to disseminate the guidelines the Service has define. [

Action point 6.3 [page 46]

The Ministry of Foreign Affairs will:

o Through the General Directorate of International Economic Relations, it will:

• Continue to promote, in international negotiations, both at a bilateral and multilateral level, Intellectual Property Schemes seeking a balance between the protection rights of inventors and creators and the interests of society in general. In this context, apart from promoting Intellectual Property, consideration will be given to the respect for the human right of having access to knowledge and culture, and the right to healthcare.

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.

Strand 9: State Business Enterprises

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.

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.

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.

Read more about Health and social care

Chile’s NAP makes no explicit reference to human rights defenders or whistle-blowers.

Read more about Human rights defenders & whistle-blowers

Pillar 1: The State Duty to Protect Human Rights

Strand 3: Inclusion and Non-Discrimination

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.

Strand 8: Legislation, Policies and Incentives

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.

Strand 9: State Business Enterprises

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.

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

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.

Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights

Action Point 2.2 (pages 55-56): The Ministry of Economy, Development and Tourism will:

• Hold a working group meeting at least once each semester with the Division of Social Economy and Associativity and the Division of Smaller Business Enterprises, with the purpose of identifying the impact of human rights in the management of businesses such as cooperatives and SMEs, and of incorporating the vision of human rights and business enterprises within this type of economic associations. Based on the activities of the working groups, sector guides will be developed to evaluate compliance with human rights issues, with special emphasis on the management of supply chains. …
• 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. …
• Subscribe in 2017 to an agreement with a technical, specialised body to develop a system to diagnose and measure the impact of small and medium size enterprises on human rights, through a digital tool of public access.

Pillar 3: Access to Redress Mechanisms

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: …

• Promotion of formal and permanent spaces for dialogue between business enterprises and communities, whereby potential impacts may become known and
  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.

Read more about Human rights impact assessments

Pillar 1. The State duty to protect human rights

Strand 1: Training in the Field of Business and Human Rights [pages 31-32]

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:

• 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 within the context of the Action Plan.

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.

Strand 2: Dialogue

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.

Strand 3: Inclusion and Non-Discrimination

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.
• 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… 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 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.

Strand 4: Transparency and Participation

Action Point 4.1 [pages 39-40]

The Ministry of Energy will:

• Encourage, within the framework of the Local Development Policy, the participation of 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.
• Include, within the framework of the Indigenous Chapter of the 2050 Energy Policy, 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.
• 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.

Strand 8: Legislation, Policies and Incentives

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.

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

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.

Strand 2: Promotion of corporate due diligence in the field of human rights Action Point 2.2 [page 55]

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.

Pillar 3. Access to Remedy

Strand 2: State-Based Non-Judicial Mechanisms

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:

• Promotion, in coordination with other relevant public services, and through multisectoral dialogue, the development and implementation of a grievance mechanism so that business enterprises and communities may forward to the authority their concerns about non-compliance of an agreement existing between the parties.
• Promotion of formal and permanent spaces for dialogue between business enterprises and communities, whereby potential impacts may become known and 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.

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

Read more about Indigenous Peoples

Chile’s NAP makes no reference to investment treaties and investor-state dispute settlements.

Read more about Investment treaties & investor-state dispute settlements

Pillar 3: Access to Redress Mechanisms

Strand 1: State-Based Judicial Mechanisms (page 58-59)

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.

Read more about Judicial remedy

Pillar 1. State Duty to respect human rights

Strand 2: Dialogue

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.

Read more about Land

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

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: …

• Workshop-seminars about Public Incentives to Benefit Social Development for Business Enterprises and public-private cooperation in accordance with the Guiding Principles and the 2030 Agenda, thus strengthening the State-Business nexus and promoting due diligence in human rights. …

Action Point 1.6 (pages 32-33)

The Ministry for the Environment will: …

• In coordination with the Environmental Assessment Service, expand the training carried out in technical-environmental matters to representatives of the civil society and indigenous peoples to facilitate their involvement and the exercise of their rights during the process of citizen’s involvement.

Strand 2: Dialogue

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
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.

Strand 3: Inclusion and Non-Discrimination

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.

Strand 4: Transparency and Participation

Action Point 4.1 (page 39)

The Ministry of Energy will:

• Encourage, within the framework of the Local Development Policy, the participation of 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 theme 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 dialogue processes that are taking or have taken place, the agreements reached and compliance, among other things.

Strand 5: Public Procurement

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:

• 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.

Strand 8: Legislation, Policies and Incentives

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.

Strand 9: State Business Enterprises

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.

Pillar 2: The Corporate Responsibility to Respect Human Rights

What does the Government expect from business enterprises? (page 65)

• That they comply with and respect the existing legislation.
• That they know and get acquainted with the international instruments on social responsibility, such as the UN Guiding Principles on Business and Human Rights, OECD Guidelines, and ILO Tripartite Declaration.
• That they apply due diligence in the field of human rights with the purpose of identifying the potential risks of impacts on human rights by their operations.
• That they create operational-level grievance mechanisms allowing them to identify potential impacts and establish remedial actions in case these occur.

Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights

Action Point 2.2 (page 71): The Ministry of Economy, Development and Tourism will: …

• 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 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.

Read more about Mandatory human rights due diligence

Pillar 1: The State Duty to Protect Human Rights

Strand 3: Inclusion and Non-Discrimination

Action Point 3.1 (pages 35-36)

The Ministry of Labour will:

• Perform a series of actions aimed at the protection and defence of human and labour rights of migrants through:

• The identification of migrants that may benefit from State programmes on labour matters.
• Training and awareness actions regarding the rights of migrants in the labour market for civil servants, unions and migrant associations.

Action Point 3.2 (page 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.

Read more about Migrant workers

Actions of the National Action Plan on Business and Human Rights (page 26)

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.

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

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.
• Update the booklet of emerging issues and the business and human rights card.
• Introduce the Guiding Principles on Business and Human Rights in the recommendations they submit to the State about cases documented by this institution.
  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

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.

Strand 5: Public Procurement

Action Point 5.3 (page 43)

The INDH will adopt a human rights and environmental policy for the purchase of goods and services.

Pillar 3: Access to Redress Mechanisms

Strand 2: State-Based Non-Judicial Mechanisms

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:

• o Renew and strengthen the Mirror Committee, a body composed by representatives from the business community, unions, NGOs, and academia -with the support of the INDH. The Committee’s main role is advising the NCP and supporting his/her work, including the dissemination and treatment of the cases he/she receives. This role will be strengthened by renewing the Committee to enhance the promotion of a Responsible Corporate Behaviour among national stakeholders

Read more about National Human Rights Institutions/ Ombudspersons

Pillar 1: The State Duty to Protect Human Rights

Strand 8: Legislation, Policies and Incentives

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.

Strand 9: State Business Enterprises

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.

Pillar 2: The Corporate Responsibility to Respect Human Rights

Strand 3: Reports on Human Rights Issues

Action Point 3.1 (page 74)

The Ministry of Economy will:

• Promote, through the Division of Associativity and Social Economy, strategies and mechanisms of accountability and non-financial reporting for cooperatives, which will include the potential risks of their businesses on human rights. To encourage the use of this practice, an electronic template will be developed in 2017, free of charge and freely available, for these bodies to report to the State and their different target audiences.

Read more about Non-financial reporting

Pillar 1: The State Duty to Protect Human Rights

Strand 2: Dialogue

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.

Pillar 2: The Corporate Responsibility to Respect Human Rights

What does the Government expect from business enterprises? (page 51)

• That they create operational mechanisms for remedy allowing them to identify potential impacts and establish remedial actions in case this happens.

Pillar 3: Access to Redress Mechanisms

Strand 2: State-Based Non-Judicial Mechanisms (pages 59-62)

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:

• Renew and strengthen the Mirror Committee, a body composed by representatives from the business community, unions, NGOs, and academia -with the support of Chile’s National Human Rights Institute (NHRI). The Committee’s main role is advising the NCP and supporting his/her work, including the dissemination and treatment of the cases he/she receives. This role will be strengthened by renewing the Committee to enhance the promotion of a Responsible Corporate Behaviour among national stakeholders
• Submit, in conjunction with the Directorate of Human Rights of the Ministry of Foreign Affairs, before the Mirror Committee of the National Contact Point, the existing relationship between the OECD Guidelines for Multilateral Enterprises and the UN Guiding Principles on Business and Human Rights.
• Prepare, in conjunction with the NHRI, an Agreement of Good Intentions with the purpose strengthening communication between both organisations, share information about potential specific situations and infringement of the Guidelines, specifically regarding the chapter on human rights, and carry out joint execution of the same in dissemination and training activities.
• Organise, in conjunction with the Directorate of Human Rights of the Ministry of Foreign Affairs, dissemination and training activities, covering both instruments, for different national stakeholders, by including the mediation/conciliation role of the National Contact Point in the resolution of disputes with multilateral enterprises. Activities include the preparation of a briefing leaflet covering the relationship between OECD Guidelines and the Guiding Principles. …
• Be voluntarily evaluated in 2017 through peer review, which will allow the country to identify the NCP’s strengths, as well as areas for improvement, thus becoming the first State in Latin America and the Caribbean to go through this kind of process.

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:

• Introduce business and human rights standards in observation missions and reports.
• Collaborate with the OECD National Point of Contact on business and human rights related matters.

Action Point 2.4

The Superintendence of the Environment (SMA) will:

• Permanently update the National Information System for Environmental Auditing, in publicly accessible website.
• Apply diverse prioritising criteria, such as “territorial vulnerability”, which addresses institutional and geographical aspects, and “grievances”, by taking into consideration the number of grievances received from citizens and the different sectors.
• Apply criteria for prioritisation in processing and managing grievances submitted by citizens, such as “Level of seriousness of the facts reported” and “Public commotion.” The SMA has available a process for communities to raise grievances about facts that may constitute infringements falling under its competence.
• Apply the Technical Protocol for the Execution of Environmental Auditing Activities concerning Measures Associated with the Human Environment, in the auditing of measures contained in Environmental Qualification Measures Associated with the Human Environment (indigenous or non-indigenous.)

Action Point 2.5

Within the framework of the Local Development Policy of the Ministry of Energy, the following actions will be carried out:

• Promotion, in coordination with other relevant public services, and through multisectoral dialogue, the development and implementation of a grievance mechanism so that business enterprises and communities may forward to the authority their concerns about non-compliance of an agreement existing between the parties.
• Promotion of formal and permanent spaces for dialogue between business enterprises and communities, whereby potential impacts may become known and
  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 facilitators

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.

Strand 3: Non-State-Based Mechanisms (page 62-63)

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.)

Strand 4: Criteria for the Effectiveness of Non-Judicial Grievance Mechanisms (page 63-64)

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:

• Legitimacy
• Accessibility
• Predictability
• Equity
• Transparency
• Compatibility with rights
• Source of continuous learning
• Based on dialogue and participation

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.

Read more about Non-judicial grievance mechanisms

Pillar 3: Access to Redress Mechanisms

Strand 2: State-Based Non-Judicial Mechanisms

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:

• Renew and strengthen the Mirror Committee, a body composed by representatives from the business community, unions, NGOs, and academia -with the support of Chile’s National Human Rights Institute (NHRI). The Committee’s main role is advising the NCP and supporting his/her work, including the dissemination and treatment of the cases he/she receives. This role will be strengthened by renewing the Committee to enhance the promotion of a Responsible Corporate Behaviour among national stakeholders
• Submit, in conjunction with the Directorate of Human Rights of the Ministry of Foreign Affairs, before the Mirror Committee of the National Contact Point, the existing relationship between the OECD Guidelines for Multilateral Enterprises and the UN Guiding Principles on Business and Human Rights.
• Prepare, in conjunction with the NHRI, an Agreement of Good Intentions with the purpose strengthening communication between both organisations, share information about potential specific situations and infringement of the Guidelines, specifically regarding the chapter on human rights, and carry out joint execution of the same in dissemination and training activities.
• Organise, in conjunction with the Directorate of Human Rights of the Ministry of Foreign Affairs, dissemination and training activities, covering both instruments, for different national stakeholders, by including the mediation/conciliation role of the National Contact Point in the resolution of disputes with multilateral enterprises. Activities include the preparation of a briefing leaflet covering the relationship between OECD Guidelines and the Guiding Principles.
• Keep the Trade Offices periodically updated, both at a national and international level, as well as the Chilean Embassies abroad and future Chilean diplomats, about OECD Guidelines, through official messages, teleconferences, visits to Embassies/Regional Offices and coordination of the Chilean Diplomatic Academy.
• Be voluntarily evaluated in 2017 through peer review, which will allow the country to identify the NCP’s strengths, as well as areas for improvement, thus becoming the first State in Latin America and the Caribbean to go through this kind of process.

Action Point 2.3 (page 61)

The National Institute of Human Rights will: …

• Collaborate with the OECD National Point of Contact on business and human rights related matters.

Read more about OECD National Contact Points

Pillar 1: State duty to respect human rights

Strand 1: Training in the Field of Business and Human Rights

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:

• Train public and private business enterprises to include inclusive for disabled people in inductions and training programmes.
• Organise seminars to public services and bodies, business enterprises and the civil society to address subject concerning disability. Also, a course about Human Rights and Disability will be given at universities, and outreach actions will be carried out involving public services and bodies, business enterprises and the civil society

Strand 3: Inclusion and Non-Discrimination

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:

• The Programme +Capaz en Línea Especializada para Personas con Discapacidad, will be executed and adapted in conjunction with the National Training and Employment Service (Sence).
• An initiative to strengthen the work of Municipal Offices for Labour Intermediation (OMIL) will be carried out to attend people with disabilities – through a Local Development Strategy.
• Create an Inter-Sectoral Board aimed at urging mass media, including digital media, to be accessible to people with disabilities (by using sign language, captions, making reading easier, access to information or images for people with sight disabilities.)

Strand 5: Public Contracts

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.

Read more about Persons with disabilities

Prologue: Business and Human Rights for Sustainable Development

I. Value of the United Nations Guiding Principles on Business and Human Rights (page 15-16)

…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.

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

Action point 1.1 (page 29)

The Ministry of Foreign Affairs will: …

• Work to build capabilities in the staff working at the Ministry of Foreign Affairs, through the development of an e-learning course on business and human rights. …
• Strengthen the diplomats’ capabilities in the field of business and human rights, with the purpose that they have the right tools to support Chilean businesses abroad – through the development of an annual Module on Business and Human Rights taught at the Diplomatic Academy. It will promote, among the Chilean embassies posted abroad, tools allowing to guide Chilean businesses operating in those countries about risks in the fields of business and human rights.
• Develop projects of cooperation and exchange of experiences about business and human rights with Chilean embassies posted in countries showing more progress in this field, through its Programme of Activities Abroad (PAAE).
• The General Directorate of International Economic Relations (DIRECON), will carry out internal actions to promote knowledge around business and human rights with the purpose that staff working in this Directorate take these criteria into account when developing their activities.
• DIRECON will periodically report to the Trade Offices and Regional Offices of the Exports Promotion Directorate (ProChile) about business and human rights.

Action Point 1.2 (page 30)

The Under-Secretariat of Human Rights of the Ministry of Justice will:

• In the context of its mandate to design, foster and coordinate education and training actions concerning human rights for staff working for State bodies, promote the inclusion of human rights and business content in trainings and courses that come to its attention in its articulating role.
• Promote the inclusion of human rights and business content in training sessions for people joining State work through the Senior Public Management System led by the Civil Service.
• Promote the inclusion of business and human rights in training sessions for the Armed Forces and the Order and Security Forces, when relevant, according to the trainees’ profiles.
• Include human rights and business in a future Handbook about the focus on human rights of public policies.

Action Point 1.4 (page 31)

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:

• 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 within the context of the Action Plan.

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:

• Workshop-seminars about Public Incentives to Benefit Social Development for Business Enterprises and public-private cooperation in accordance with the Guiding Principles and the 2030 Agenda, thus strengthening the State-Business nexus and promoting due diligence in human rights.
• Introduction of a module about the “Guiding Principles on Business and Human Rights and their connection with the 2030 Agenda for Sustainable Development” in a workshop-seminar organised by business senior and executive staff.

• Through the National Disability Service, the Ministry of Social Development will:

• Train public and private business enterprises to include inclusive for disabled people in inductions and training programmes.
• Organise seminars for public services and bodies, business enterprises and the civil society to address subject concerning disability. Also, a course about Human Rights and Disability will be given at universities, and outreach actions will be carried out involving public services and bodies, business enterprises and the civil society.

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 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. …
• Introduce the Guiding Principles on Business and Human Rights in the recommendations they submit to the State about cases documented by this institution. These recommendations, and those coming from the international human rights system will be considered in training sessions given to public officers about business and human rights.

Strand 2: Dialogue

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.

Strand 3: Inclusion and Non-Discrimination

Action Point 3.2 (pages 36-37)

The Ministry of Social Development will: …

• Promote, through the National Disability Service, the labour insertion of people with disabilities by taking the following specific steps: …

• An initiative to strengthen the work of Municipal Offices for Labour Intermediation (OMIL) will be carried out to attend people with disabilities – through a Local Development Strategy.

Strand 4: Transparency and Participation

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: …

• Commits itself to strengthen the effective enforcement of Principle 10 of the 1992 Rio Declaration about participation, access to information and awareness concerning environmental issues, within the context of the preparation of the Regional Instrument on Access Rights to Environmental Issues. …
• Will promote the availability of spaces for dialogue and participation regarding climate change actions, including the organisation of workshops and public consultation meetings for the preparation of sector adaptation plans. This will be included within the framework of the 2017-2022 National Action Plan for Climate Change -under preparation- which includes the concept of equity as a guiding principle, and gives special consideration to subject such as gender equality, human rights and indigenous peoples.
• Will seek to incorporate the gender focus in the next climate change adaptation plans, with the purpose of including the participation of women in the preparation and implementation of actions about this subject.

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.

Strand 5: Public Procurement

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: …

• Carry out initiatives to strengthen the information tool of the public purchase system. This will be made possible by adhering to SEGPRES Open Government Plan, under the commitment to create a set of Guidelines and a Policy of open date promoting and developing the use of open data in public purchase procedures to strengthen transparency of the Chilean System of Public Purchases and foster probity and efficiency in this area.

Strand 6: Strengthening Coherence between Public Policies

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:

• 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 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: …
  • Disseminate the importance of respecting human rights in global value chains (GVCs), encouraging the introduction of this matter in discussions held and work carried out by the GVC Intergovernmental Group, as well as in presentations to the business community and other agents.

Action Point 6.4 (page 46)

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.

Strand 7: Strengthening of Coherence in International Policy

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:

• 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.
• Create and coordinate a working group aimed at generating material for the annual meetings held by the Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights. The working group will meet periodically with the purpose of generating proposals within the framework of this process, which will partially consist in carrying consultations with the civil society to gather material and draft a proposal concerning this matter.
• Continue promoting the treatment and development of business and human rights in different regional and global fora such as, inter alia, the Pacific Alliance, the Organisation of American States (OAS), CELAC, UNASUR and Mercosur.

Action Point 7.3 (page 48)

The Unit for International Affairs of the Ministry of Labour will: …

• Promote the Guiding Principles, which build on ILO Conventions on Human and Labour Rights, in different multilateral cooperation scenarios it takes part in.

Strand 9: State Business Enterprises

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:

1. Formalise the Inter-Ministerial Working Group and the focal points of the various Ministries composing it, with the purpose of continuing holding periodic meetings and follow up regarding the implementation of this Plan (see Section V, Implementation and Monitoring).
2. Encourage the adoption of policies, statements or codes of conduct by business enterprises and urge the implementation of mechanisms of due diligence.
3. Announce progress made in the implementation of the NAP through a banner published on the websites of each relevant Ministry.

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

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.

Implementation, Monitoring and Follow-Up (page 67-68)

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.

1. At a national level, the Inter-Ministerial Working Group will be formalised by enacting the relevant Decree. This will have the objective to implement, monitor and follow up the Plan’s optimal implementation. This Working Group will have an Executive Secretariat responsible for coordinating the preparation of the annual report and for its relationship with the Multi- Actor Committee.
2. The Inter-Ministerial Working Group will prepare an annual report, starting in late-2017, about compliance of measures according to the indicators set out. Before preparing the report, a previous meeting will be held to evaluate the progress and challenges arisen in the implementation of the Plan.
3. This document will be published in the Action Plan’s webpage; it will also be sent to the authorities and institutions that have contributed in the execution thereof, as well as to representatives of the Judicial and Legislative Powers, with the purpose of reporting about the progress of the Action Plan.
4. A Multi-Actor Committee will be created with the participation of representatives from the civil society, unions, the business community, indigenous peoples, academia, and the National Human Rights Institute, with the purpose of evaluating the progress contained in the report produced by the Inter-Ministerial Group, and providing feedback and/or recommendations about the effective implementation of the Plan.
5. 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.
7. The Ministry of Foreign Affairs will report to the different international mechanisms of human rights about the progress achieved by the Plan -pursuant to the timeline set out by them.
8. One year before the term is over, the Inter-Ministerial Working Group will define a roadmap to prepare the Second National Action Plan on Business and Human Rights, which will be submitted to the Multi-Actor Committee with the purpose to propose new courses of action and start the second process.

Read more about Policy coherence

Pillar 1: The State Duty to Protect Human Rights

[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.

Read more about Privatisation

Pillar 1: The State Duty to Protect Human Rights

Strand 5: Public Contracts (page 42-44)

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 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:
  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.
• Assess the possibility to gather, through a relevant guideline, recommendations for buyers aimed at safeguarding the respect for human rights in the process of acquiring goods and services.
• Carry out initiatives allowing to strengthen the information tool of the public purchase system. This will be made possible by adhering to SEGPRES Open Government Plan, under the commitment to create a set of Guidelines and a Policy of open date promoting and developing the use of open data in public purchase procedures to strengthen transparency of the Chilean System of Public Purchases and foster probity and efficiency in this area.
• Strengthen the inclusion of sustainability considerations in public purchase procedures, specifically though the following:
  • Development of a joint project with the Ministry for the Environment aimed at drafting policies for institutional purchases that take sustainability aspects into consideration.
  • Framework agreements including sustainability considerations relevant for the industry.
  • Online shop of the framework agreement including identifiable sustainability seals.
  • An Action Plan aimed at encouraging the participation of women in the system of public purchasing, through certain actions including a campaign to encourage the use the Sello Empresa Mujer seal developed in 2016, which identify companies that are owned or led by women; an intensive work with purchaser to encourage the use of the Sello Empresa Mujer seal as a criterion in their purchases; training workshops for women that supply the State.
  • Commitment with the initiative “She Trades” led by the United Nations, which seeks to link business women with the marketplace, thus strengthening the economic actor role of women.

* 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:

• Organise training, through the Division of Public-Private Cooperation, to be given to the Procurement Department of the Administration and Finance Division of the Under-Secretariat of Social Assessment, about the United Nations Guiding Principles on Business and Human Rights, releasing Chilecompra’s guidelines from their direct impact on human rights.
• 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.

Read more about Public procurement

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

Action Point 1.2 (page 30)

The Under-Secretariat of Human Rights of the Ministry of Justice and Human Rights will: …

• Promote the introduction of contents about business enterprises and human rights in training sessions held by the Armed Forces and the Order and Security Forces, when relevant, according to the trainees’ profiles.

Read more about Security sector

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

Action Point 1.3 (pages 30-31)

The Ministry of Labour will:

• Train businesses (guilds, confederations, associations and SMEs), unions and civil servants on business and human rights, emphasising labour rights.

Strand 3: Inclusion and Non-Discrimination

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:

• Talks about business and human rights addressed at key actors in the small, medium and large-scale mining industry.

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.

Strand 6: Strengthening Coherence between Public Policies

Action Point 6.3. (page 45)

The Ministry of Foreign Affairs will:

• Through the General Directorate of International Economic Relations, it will:

• Reinforce the work of committees created pursuant to chapters contained in trade agreements about SMEs, cooperation, gender, environment, transparency and labour matters, so that they include human rights-related objectives in their duties, thus becoming a forum for carrying out relevant dialogues. In line with the above, the General Directorate will encourage the development of specific coordination activities in the committees and promote the development of technical capacities in human rights.

Pillar 2: The Corporate Responsibility to Respect Human Rights

Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights

Action Point 2.1 (pages 54-55)

The Ministry of Foreign Affairs, through the General Directorate of International Economic Relations, will:

• Promote human rights in the management of public funds to promote exports carried out by ProChile, through the progressive incorporation of analysis mechanisms helping to ensure that business enterprises having access to the tools offered by this entity respect human rights. Likewise, it will establish, if relevant, requirements about sustainability and respect for human rights, as criteria to choose the business enterprises participating in programmes to promote exports and corporate activities, including SMEs and micro SMEs.
• Disclose to business enterprises who are members of ProChile the United Nations Guiding Principles, thus helping, in this was and as far as possible, to incorporate them in their activities. It will do this through information available in the website, talks or sets of tools to strengthen their capabilities, and/or through the publication of handbooks containing the Guiding Principles or another suitable instrument, with special focus on information and training provided to SMEs.

Action Point 2.2 (p.71)

The Ministry of Economy, Development and Tourism will: …

• Hold a working group meeting at least once each semester with the Division of Social Economy and Associativity and the Division of Smaller Business Enterprises, with the purpose of identifying the impact of human rights in the management of businesses such as cooperatives and SMEs, and of incorporating the vision of human rights and business enterprises within this type of economic associations. Based on the activities of the working groups, sector guides will be developed to evaluate compliance with human rights issues, with special emphasis on the management of supply chains. …
• Subscribe in 2017 an agreement with a technical specialised body to develop a system to diagnose and measure the impact of small and medium size enterprises on human rights, through a digital tool of public access.

Read more about Small & medium-sized enterprises

Pillar 1. The State duty to protect human rights

Strand 1: Training in the Field of Business and 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:

• Train public and private business enterprises to include inclusive for disabled people in inductions and training programmes.

Strand 4: Transparency and Participation

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.

Strand 9: State Business Enterprises

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

Pillar 1: The State Duty to Protect Human Rights

Strand 6: Strengthening Coherence between Public Policies

6.3. The Ministry of Foreign Affairs will: …

• Disseminate the importance of respecting human rights in global value chains (GVCs), encouraging the introduction of this matter in discussions held and worked carried out by the GVC Intergovernmental Group, as well as in presentations to the business community and other agents.

Pillar 2: The Corporate Responsibility to Respect Human Rights

Strand 2: Promotion of corporate due diligence in the field of human rights

2.2. The Ministry of Economy, Development and Tourism will:

• Hold a working group at least once each semester with the Division of Social Economy and Associativity and the Division of Smaller Business Enterprises with the purpose of identifying the impact of human rights in the management of businesses such as cooperatives and SMEs, and of incorporating the vision of human rights and business enterprises within this type of economic associations. Based on the activities of thee working groups, sector guides will be developed to evaluate compliance with human rights issues, with special emphasis on the management of supply chains.
• … Agree, with business enterprises represented in the Social Responsibility Council for Sustainable Development, upon the development of memorandums of understanding, guides, handbooks and guidelines containing best practices, so that they can become an integral part of  business and human rights standards in the following subject matters: labour practices, impact on communities, corporate practices and supply chain management.

Contributions by Other Actors

5. Fundación ACCIÓN Empresa will:

• Prepare a study about main challenges existing in this field, starting by the corporate role, to comply with the Guiding Principles, with the purpose of contributing strategies to resolve issues through good corporate practices in this field.
• Create a Corporate Committee for Responsible Supply, aimed at identifying the best corporate practices in place to minimise the infringement of rights in their value chain. It includes 4-6 annual sessions.

V. Proposal of a Roadmap for an Upcoming Action Plan

9. Incorporation of matters related with the risks of human rights violations in supply chains and inclusion of LGBTI people.

Read more about Supply chains

III. First National Action Plan on Business and Human Rights in Chile

Normative Framework (page 20)

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.

Read more about Taxation

Pillar 1. State duty to respect human rights

Strand 1: Training in the Field of Business and 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:

• Workshop-seminars about Public Incentives to Benefit Social Development for Business Enterprises and public-private cooperation in accordance with the Guiding Principles and the 2030 Agenda, thus strengthening the State-Business nexus and promoting due diligence in human rights.
• Introduction of a module about the “Guiding Principles on Business and Human Rights and their connection with the 2030 Agenda for Sustainable Development” in a workshop-seminar organised by business senior and executive staff.

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.

Strand 4: Transparency and Participation

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.

Strand 6: Strengthening Coherence between Public Policies

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.

Strand 7: Strengthening of International Political Coherence

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.

Contribution by Other Actors [page 65]

3. Global Compact Chile will organise a series of activities with technical support by the Directorate of Human Rights of the Ministry of Foreign Affairs and international organisations.

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:

•  Creation of a Working Group on Business and Human Right in Global Compact.
•  Introduction workshop about their application, practice and connection with the SDGs.
•  Four working sessions aimed at including the human rights focus and how it is applied by business enterprises about the SDGs.
•  Collection and dissemination of tools for the adoption of due diligence by companies, in line with the SDGs, introducing material available of the Global Compact World Office.

IV. Implementation, Monitoring and Follow-up [page 68]

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.

Read more about The 2030 Agenda for Sustainable Development

Pillar 2: The Corporate Responsibility to Respect Human Rights

Strand 2: Promotion of corporate due diligence in the field of human rights

Action Point 2.2 [page 55]

The Ministry of Economy, Development and Tourism will:

• 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.

Read more about Tourism sector

Pillar 1: The State Duty to Protect Human Rights

Strand 4: Transparency and Participation

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).

Strand 6: Strengthening Coherence between Public Policies

Action Point 6.3. (pages 45-46)

Through the General Directorate of International Economic Relations, the Ministry of Foreign Affairs will:

• Reinforce the work of committees created pursuant to chapters contained in trade agreements about SMEs, cooperation, gender, environment, transparency and labour matters, so that they include human rights-related objectives in their duties, thus becoming a forum for carrying out relevant dialogues. In line with the above, DIRECON will encourage the development of specific coordination activities in the committees and promote the development of technical capacities in human rights.
• Continue to promote, in international negotiations, both at a bilateral and multilateral level, Intellectual Property Schemes seeking a balance between the protection inventors and creator rights and the interests of society in general. In this context, apart from promoting Intellectual Property, consideration will be given to the respect for the human right of having access to knowledge and culture, and the right to healthcare. …

 Strand 7: Strengthening of Coherence in International Policy

Action Point 7.2. (pages 47-48)

The Ministry of Foreign Affairs will: …

• Through the General Directorate of International Economic Relations:

• Seek to strengthen, in the negotiation of trade agreements, the revision of current agreements and/or unilateral and joint statements with trade partners, certain criteria and provisions highlighting the importance of social sustainability and responsibility, with special focus on the respect for human, environmental, social and labour rights; for example, by mentioning the United National Guiding Principles on Business and Human Rights and or OECD Guidelines.
• Propose, in the preamble of trade agreements, language showing full commitment with the respect for fundamental human rights, thus continuing the focus adopted in the agreement with the European Union.

Action Point 7.3 (page 48)

The Unit for International Affairs of the Ministry of Labour will:

• Support the incorporation of the UN Guiding Principles in the trade agreements subscribed by our country, in coordination with the competent authorities, as relevant.

Pillar 2: The Corporate Responsibility to Respect Human Rights

Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights (page 54)

… 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. …

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: …

• Keep the Trade Offices periodically updated, both at a national and international level, as well as the Chilean Embassies abroad and future Chilean diplomats, about OECD Guidelines, through official messages, teleconferences, visits to Embassies/Regional Offices and coordination of the Chilean Diplomatic Academy.

Read more about Trade

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

Action Point 1.3 (pages 30-31)

The Ministry of Labour will:

• Train workers about their rights and the Guiding Principles through the introduction of subjects related with business and human rights in the study programmes of the Trade Union School, with emphasis, inter alia, on labour rights and child labour.
• Train businesses (guilds, confederations, associations and SMEs), unions and civil servants on business and human rights, emphasising labour rights.
• Inform users about this Action Plan through a banner uploaded in the ministry’s website portal -aimed at providing additional information on this topic, and showing the measures that the ministry is carrying out in the relevant field.

Strand 3: Inclusion and Non-Discrimination

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.

Strand 4: Transparency and Participation

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.

Strand 6: Strengthening Coherence between Public Policies

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.

Strand 8: Legislation, Policies and Incentives

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.

Read more about Workers’ rights