Colombia

IV. POLICY DEFINITION

• Focus on children and adolescents: According to the document Technical Guidelines of the Model for the Care of Children and Adolescents [Lineamiento Técnico del Modelo para la Atención de los Niños, las Niñas y Adolescentes]: “The rights of children and adolescents are human rights and specifically include the right to special care and assistance. The recognition of children and adolescents as subjects of rights implies that society should modify its representations of them, that it should transform its social relations and practices and build conditions so that all contexts of socialisation of children and adolescents become protective, guaranteeing and safe environments that favour the effective enjoyment of their rights”.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

Strand 2 [Eje nº 2]: Encourage the creation of regulations and strategies that promote respect for human rights in the development of business activities

(…)

• The Ministry of Labour will formulate departmental plans for the eradication of child labour and the protection of adolescent workers within the framework of the CIETI [Comité Interinstitucional para la Erradicación del Trabajo Infantil] .

ii. Fundamental Pillar 2: The duty of business to respect human rights

Strand 1 [Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights

(…)

• The ICBF [Instituto Colombiano de Bienestar Familiar] will promote plans, programmes, strategies and projects coordinated with the State, to eradicate child labour in economic sectors identified as critical, in which children and adolescents participate in the production value chain.

Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region

(…)

• The ICBF [Instituto Colombiano de Bienestar Familiar]  will provide technical assistance, advice, training and accompaniment to public-private agents in the integral respect of children’s rights, as well as in the implementation of the principles and actions set out in the Rights of the Child, as well as in the adoption and implementation of the Business and Childhood Strategy [Estrategia de Empresa y Niñez] within the framework of business activities in Colombia.

Read more about Children’s rights

II. CHALLENGES

(…)

Additionally, the participation of the business sector in the coordinated implementation of the stabilization policy will be an important challenge in order to consolidate the culture of legality in areas affected by poverty, the presence of illegal economies, institutional weakness and generalized violence. It is clear that the presence of the business sector in certain areas of the country, accompanied by the institutional presence of the State, should contribute to improving the living conditions of people in the rural areas most affected by violence, thus helping to close the gaps and achieve greater equity and inclusion, particularly in the most remote and unprotected areas.

(…)

On the other hand, an additional challenge is the already existing circumstances of violence in the territory, which have affected business activity. The Government has even taken measures to benefit those corporations that have been affected by the violence in Colombia, which is evidence of the existence of this problem.

In the situation caused by Covid-19, violations have been denounced due to massive layoffs, the non-adoption of biosecurity measures for workers, public health effects on specially protected groups such as indigenous people, the worsening of violence in some sectors of the country and informality.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

Strand 6 [Eje nº 6]: In areas affected by violence, provide guidance and assistance to companies in order to promote the promotion and guarantee of human rights

• The Observatory of the Presidential Advisory Office for Human Rights, together with the National System for Human Rights and International Humanitarian Law, will be responsible for identifying areas where there is a possible impact on human rights. Once this analysis has been carried out, the Business and Human Rights area, together with business associations and local authorities, will train companies on the UN Guiding Principles on Business and Human Rights.
• The Ministry of Environment and Sustainable Development will develop tools to prevent human rights violations related to socio-environmental conflicts by strengthening Regional Environmental Dialogue Centres and providing guidance to affected communities.

Strand 8 [Eje nº 8]: Participation strategies for people in the reintegration process, as well as initiatives that strengthen the stabilisation and consolidation of the country

• The Agency for Reintegration and Normalisation will disseminate the strategy for the participation of people in the reintegration process in the business, productive and peacebuilding spheres.
• The Agency for Reintegration and Normalisation will encourage the public and private business sector to involve people in the reintegration and reincorporation processes.
• The Presidential Advisory Office for Stabilisation will formulate and implement a policy document containing a human rights approach for the participation of the public and private business sector in the stabilisation and consolidation of the country.
• The Unit for the Attention and Integral Reparation of Victims (UARIV) will implement a strategy in which companies are linked through their social management, social architecture or Corporate Social Responsibility (CSR) in the creation of income-generating opportunities for victims affected by violence.
• The Unit for the Attention and Integral Reparation of Victims (UARIV) will implement strategies with international cooperation actors, the social sector and the private sector that contribute to productive inclusion, recovery of historical memory, peace-building, reconciliation, promotion of human rights and reconstruction of the social fabric of the victims of violence.

Read more about Conflict-affected areas

`The Colombia NAP does not explicitly address this issue’

Read more about Construction sector

`The Colombia NAP does not explicitly address this issue’

Read more about Corporate law & corporate governance

`The Colombia NAP does not explicitly address this issue’

Read more about Corruption

`The Colombia NAP does not explicitly address this issue’

Read more about Data protection & privacy

`The Colombia NAP does not explicitly address this issue’

Read more about Development finance institutions

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 2: The duty of business to respect human rights

Strand 1[Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights

(…)

• The Ministry of Telecommunications [Mintic] will elaborate the “Guide on Human Rights and Business: A document on the application of human rights and business principles” for the specific context of the Information and Telecommunications Technologies (ICT) sector.

iii. Fundamental Pillar 3: Access to remedy mechanisms

(…)

Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms

(…)

• The SIC [Superintendencia de Industria y Comercio] will identify in telecommunications companies in Colombia which mechanisms are in place to guarantee due process in relation to the rights of petition presented by customers or citizens, within the operational framework.
• The SIC [Superintendencia de Industria y Comercio] will identify the actions or strategies of telecommunications companies in Colombia to address or remedy the actual and potential negative consequences of their operation.

Read more about Digital technology & electronics sector

Read more about Energy sector

I. CONTEXT

Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]

(…)

• Commitment with clean and sustainable growth: within the framework of the principle “produce conserving and conserve producing” [“producir conservando y conservar produciendo”] the roadmap in relation with sustainable growth is based in issues such as energy transition, combatting climate change effects, reforestation and access to environmental information.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation

(…)

• The Ministry of Trade, Industry and Tourism [MINCIT] will arrange meetings with civil society representatives in the framework of the trade and sustainable development chapter with the European Union and the environmental chapter with the United States in the sessions of the Environmental Committee.

(…)

• The National Environmental Licensing Authority will strengthen environmental licensing processes by incorporating actions for the prevention and positive transformation of socio-environmental conflicts and promoting spaces for citizen participation.

Strand 6 [Eje nº 6]: In areas affected by violence, provide guidance and assistance to companies in order to promote the promotion and guarantee of human rights

(…)

• The Ministry of Environment and Sustainable Development will develop tools to prevent human rights violations related to socio-environmental conflicts by strengthening Regional Environmental Dialogue Centres and providing guidance to affected communities.

Read more about Environment & climate change

VIII. FUNDAMENTAL PILLARS

(…)

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity

• The Presidential Advisor’s Office for Human Rights and International Affairs will carry out accompaniment and advice sessions for employers on the importance of labour inclusion for the vulnerable population, highlighting its importance in the reactivation phase of Covid-19.
• The Presidential Advisory Office for Human Rights, together with the Presidential Advisory Office for Competitiveness and Public-Private Management, the Presidential Advisory Office for Women and the ICBF [Instituto Colombiano de Bienestar Familiar] will carry out the articulation mechanisms for the implementation of gender parity initiatives that involve women and girls.
• The Ministry of Telecommunications [Mintic] will enhance the relay centre as a two-way communication service platform that allows deaf and hearing people to communicate with each other.
• The Ministry of Labour will design a toolkit developed within the framework of the national human rights strategy on the right to equality and non-discrimination.
• The Ministry of Labour will provide training on specialised labour demand services aimed at strengthening human talent management.
• The Ministry of Labour [Mintrabajo] will design a primer in the framework of the National Human Rights Strategy on the right to equality and non-discrimination.

Read more about Equality & non-discrimination

`The Colombia NAP does not explicitly address this issue’

Read more about Export credit

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 2 [Eje nº 2]: Encourage the creation of regulations and strategies that promote respect for human rights in the development of business activities.

(…)

• The Ministry of Mines and Energy [Minminas] together with the National Hydrocarbons Agency, the National Mining Agency and the Mining and Energy Planning Unit (UPME) [Unidad de Planeación Minero Energética, UPME] will form and implement the Human Rights and Energy Working Group.
• The Ministry of Mines and Energy [Minminas] will formulate and implement gender guidelines for the mining and energy sector.
• The Ministry of Mines and Energy [Minminas] will implement the lines of action that respond to the public policy on Human Rights in the sector, in coordination with the entities of the mining and energy sector.
• The Ministry of Mines and Energy [Minminas]will build the human rights risk map for the mining and energy sector in prioritised territories.

Read more about Extractives sector

`The Colombia NAP does not explicitly address this issue’

Read more about Extraterritorial jurisdiction

`The Colombia NAP does not explicitly address this issue’

Read more about Finance & banking sector

The Colombian NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors.

Read more about Fisheries and aquaculture sectors

`The Colombia NAP does not explicitly address this issue’

Read more about Forced labour & modern slavery

II. CHALLENGES

(…)

[The Plan] recognizes the need to: (i) continue working to prevent union violence and encourage the promotion of workers’ rights and, (ii) continue with the national government’s commitment to guarantee the protection of human rights and the process of articulation between institutions and unions to advance in the construction of scenarios that benefit the country’s workers and union leaders.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation

(…)

• The Ministry of Agriculture and Rural Development will implement strategies to continue to guarantee the right of association of small and medium producers and participation of farmers in public policy decisions affecting the sector.

ii. Fundamental Pillar 2: The duty of business to respect human rights

Strand 1 [Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights

• The Ministry of Labour will promote respect for the fundamental right of association, unionisation and bargaining through accompaniment and training.

Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region

(…)

• The Ministry of Labour [Mintrabajo] will support the strengthening of the trade union association process through training focused on raising awareness among the labour force on the right to association.

Read more about Freedom of association

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

Read more about Garment, Textile and Footwear Sector

IV. POLICY DEFINITION

(…)

Human Rights Approach

(…)

• Gender-sensitive approach: A human rights-based approach (HRBA) applied to gender issues reveals how human rights affect women and men differently and how power relations and gender discriminations affect the effective enjoyment of rights by human beings. It will also take into account the document “Gender Perspective of the Guiding Principles on Business and Human Rights” and, in that sense, the importance of understanding that the impacts of business activities vary between men and women.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 2 [Eje nº 2]: Encourage the creation of regulations and strategies that promote respect for human rights in the development of business activities.

(…)

• The Ministry of Mines and Energy [Minminas] will formulate and implement gender guidelines for the mining and energy sector.

(…)

Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity

(…)

• The Presidential Advisory Office for Human Rights, together with the Presidential Advisory Office for Competitiveness and Public-Private Management, the Presidential Advisory Office for Women and the ICBF [Instituto Colombiano de Bienestar Familiar] will carry out the articulation mechanisms for the implementation of gender parity initiatives that involve women and girls.

Strand 7 [Eje nº 7]: Provide guidance and assistance to businesses and enterprises targeting vulnerable populations

• The Ministry of Trade, Industry and Tourism will incorporate the gender approach in the national government’s rural and urban entrepreneurship strategies focused on the most vulnerable population (framework of the integral routes of productive inclusion).

(…)

Strand 9 [Eje nº 9]: The state as economic actor

• Bancóldex will develop and implement a gender policy, according to the scope defined by the bank in 2019.

ii. Fundamental Pillar 2: The duty of business to respect human rights

Strand 1[Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights

(…)

• The Presidential Advisory Office for Women’s Equity (CPEM) will provide technical advice to private companies on the implementation of gender equity initiatives.

(…)

Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region

(…)

• The Presidential Advisory Office for Women’s Equity (CPEM) will implement an advocacy strategy for companies to promote actions to close gender gaps and empower women and girls from the logic of the 2030 Agenda for Sustainable Development and Shared Value.

Read more about Gender & women’s rights

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 3 [Eje nº 3]: Dissemination of the National Action Plan on Business and Human Rights and of instruments and strategies related to the promotion of these rights

• The Presidential Advisory Office for Human Rights and International Affairs, together with the Escuela Superior de Administración Pública, will implement a training module on international standards on business and human rights and the actions contained in this NAP aimed at public servants, companies, monitoring, surveillance and control bodies of business activities.

(…)

• The Presidential Advisory Office for Human Rights and International Affairs, together with the support of academic sectors, will hold training sessions on international standards on business and human rights and the actions in the Plan, aimed at public servants, companies and bodies responsible for monitoring, surveillance and control of business activities.

Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity

(…)

• The Ministry of Labour will provide training on specialised labour demand services aimed at strengthening human talent management (gestión del talent humano).

Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation

(…)

• The Civil Aeronautic Department will provide technical assistance in aeronautical and airport matters to territorial entities that have air transport infrastructure, as a strategy for their strengthening.

(…)

• The Ministry of Labour will carry out one (1) training and awareness-raising activity about Human Rights and Enterprise with the members or with the Technical Secretariat of the Permanent Commission for the Coordination of Wage and Labour Policies (CPCPSL) and in the 32 Departmental Sub-Commissions for the Coordination of Wage and Labour Policies (SDCPSL).
• The Ministry of Transport will implement strategies for the improvement of the road infrastructure of the country’s indigenous, Afro and peasant communities through support in the formulation and structuring of projects, training in sources of financing upon request and technical accompaniment in the territory to facilitate the prioritisation and rationalisation of projects.
• The Ministry of Culture [Mincultura] will disseminate through territorial strategies the guiding document on the protection of human rights with special emphasis on the most vulnerable populations in the cultural and creative sector.

Strand 6 [Eje nº 6]: In areas affected by violence, provide guidance and assistance to companies in order to promote the promotion and guarantee of human rights

• The Observatory of the Presidential Advisory Office for Human Rights, together with the National System for Human Rights and International Humanitarian Law, will be responsible for identifying areas where there is a possible impact on human rights. Once this analysis has been carried out, the Business and Human Rights area, together with business associations and local authorities, will train companies on the UN Guiding Principles on Business and Human Rights.

Strand 7 [Eje nº 7]: Provide guidance and assistance to businesses and enterprises targeting vulnerable populations

• The Ministry of Trade, Industry and Tourism will incorporate the gender approach in the national government’s rural and urban entrepreneurship strategies focused on the most vulnerable population (framework of the integral routes of productive inclusion).

Strand 9 [Eje nº 9]: The state as economic actor

• The Ministry of Finance and Public Credit will implement a human rights and business training strategy targeting companies owned or majority owned by the Ministry of Finance.

ii. Fundamental Pillar 2: The duty of business to respect human rights

Strand 1[Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights

• The Ministry of Labour will promote respect for the fundamental right of association, unionisation and bargaining through accompaniment and training.
• The Presidential Advisory Office for Human Rights and International Affairs, together with the Business Associations, the National Apprenticeship Service (SENA) and the Regional Competitiveness Commissions, will generate spaces for the exchange of good business practices in the field of human rights.
• The Presidential Advisory Office for Human Right s and International Affairs will prepare and update contextual documents that allow companies to understand the environment in which they operate or will operate.
• The Presidential Advisory Office for Women’s Equity (CPEM) will provide technical advice to private companies on the implementation of gender equity initiatives.
• The Ministry of Telecommunications [Mintic] will elaborate the “Guide on Human Rights and Business: A document on the application of human rights and business principles” for the specific context of the Information and Telecommunications Technologies (ICT) sector.
• The National Road Safety Agency will generate road safety activities in the business sector, focused on promoting safe mobility for vulnerable actors.

Strand 2[Eje nº 2]: Promoting corporate human rights due diligence

• The business associations will provide training opportunities aimed at promoting due diligence in the development of business activities. This will be done through the dissemination of the OECD Guidelines described in chapter IV “International Standards”.
• The Presidential Advisory Office for Human Rights and International Affairs will disseminate methodologies, tools and recommendations to inform corporate human rights due diligence processes.
• The Procurement Agency [Colombia Compra Eficiente] will disseminate the due diligence framework established by the entity in the Guide for Socially Responsible Public Procurement within state entities.

Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region

• The Presidential Advisory Office for Human Rights and International Affairs will coordinate, together with the Presidential Advisory Office for the Regions, virtual training sessions so that teams from the governors and mayors’ offices can learn about and replicate the need to respect human rights in business activities in the region, including the need to respect human rights in the situation caused by Covid-19 as well as in its reactivation phase. The Ministry of Trade, Industry and Tourism will support this action by participating in these training activities, disseminating and promoting the OECD Guidelines for Multinational Enterprises.
• The ICBF [Instituto Colombiano de Bienestar Familiar]  will provide technical assistance, advice, training and accompaniment to public-private agents in the integral respect of children’s rights, as well as in the implementation of the principles and actions set out in the Rights of the Child, as well as in the adoption and implementation of the Business and Childhood Strategy [Estrategia de Empresa y Niñez] within the framework of business activities in Colombia.
• The Presidential Advisory Office for Women’s Equity (CPEM) will implement an advocacy strategy for companies to promote actions to close gender gaps and empower women and girls from the logic of the 2030 Agenda for Sustainable Development and Shared Value.
• The National Infrastructure Agency will provide training, education and awareness-raising scenarios for communities in the projects promoted by the National Infrastructure Agency (ANI).
• The Ministry of Labour [Mintrabajo] will carry out awareness-raising and guidance actions for companies in the employability route of the SPE [Servicio Público de Empleo], to strengthen the management of human talent and labour demand, incorporating services that seek to mitigate the organisational barriers present due to the Covid-19 pandemic.

iii. Fundamental Pillar 3: Access to remedy mechanisms

(…)

Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms

(…)

• The SIC [Superintendencia de Industria y Comercio] will provide technical assistance to companies to design and strengthen their grievance mechanisms with a focus on human rights and business.

Read more about Guidance to business

I. CONTEXT

(…)

Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]

(…)

• Commitment with the health of Colombians: The Final Point Agreement [Acuerdo de Punto Final], the pact for available capacity of the ICU (intensive care units), the bonuses to first line health professionals during the pandemic, the dispersion of lung ventilators equipment and the extension of the national laboratory network will be accelerated.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

Strand 1[Eje nº 1]: Promoting a human rights approach to economic and social revitalisation

• In the framework of strengthening the health sector as part of the economic and social reactivation strategy, the Ministry of Health will strengthen respect for the human rights of the actors in the health system, within the framework of the culture of social security.

ii. Fundamental Pillar 2: The duty of business to respect human rights

(…)

Strand 4 [Eje nº 4]: Monitor how the actions of companies impact human rights

• The Ministry of Labour will maintain a constant process of monitoring and review of compliance with labour and occupational health standards in enterprises.

Read more about Health and social care

`The Colombia NAP does not explicitly address this issue’

Read more about Human rights defenders & whistle-blowers

`The Colombia NAP does not explicitly address this issue’

Read more about Human rights impact assessments

II. CHALLENGES

(…)

In the situation caused by Covid-19, violations have been denounced due to massive layoffs, the non-adoption of biosecurity measures for workers, public health effects on specially protected groups such as indigenous people, the worsening of violence in some sectors of the country and informality.

IV. POLICY DEFINITION

• Ethnic approach: it is a form of analysis and a guide of principles for the adoption and implementation of public policy with ethnic groups. The ethnic differential approach is developed as a participatory formulation and construction exercise between the state and ethnic organisations and authorities at the national and territorial levels.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation

(…)

• The Ministry of Transport will implement strategies for the improvement of the road infrastructure of the country’s indigenous, Afro and peasant communities through support in the formulation and structuring of projects, training in sources of financing upon request and technical accompaniment in the territory to facilitate the prioritisation and rationalisation of projects.

(…)

• The National Infrastructure Agency (ANI) will strengthen participation scenarios for ethnic and non-ethnic communities in the framework of its infrastructure projects.

Read more about Indigenous peoples

`The Colombia NAP does not explicitly address this issue’

Read more about Investment treaties & investor-state dispute settlements

II. CHALLENGES

(…)

Another major challenge in the implementation of the Plan has to do with strengthening the institutional offer of judicial and non-judicial, state and non-state reparation mechanisms, and the population’s access to them. It is essential to work hand in hand with the business sector to foster a culture of respect for the rule of law by participating in state reparation mechanisms and promoting, through its activities, the prompt resolution of any claims that may arise.

V. INTERNATIONAL NORMATIVE FRAMEWORK

(…)

On the other hand, the Pact for Legality: Effective Security and Transparent Justice seeks to guarantee access to justice for all people in the event of a rights violation. This objective is fundamental in the framework of the National Action Plan (NAP), as it strengthens the Remediation pillar, which will be developed later, but which seeks to strengthen access to justice in business and human rights cases. The national government seeks to strengthen both the judicial system and all non-judicial mechanisms that ensure conflict resolution and guarantee reparations for all victims of human rights violations.

VIII. FUNDAMENTAL PILLARS

(…)

iii. Fundamental Pillar 3: Access to remedy mechanisms

Strand 1[Eje nº 1]: Access to judicial remedy mechanisms

• The Presidential Advisory Office for Human Rights and International Affairs will disseminate a map/roadmap of state mechanisms to guide people affected by business activity.
• The Ministry of Justice [Minjusticia] will include in the information system “Suin Juriscol” a space where mention is made of the regulations and jurisprudence of interest in relation to human rights.
• The Ministry of Justice [Minjusticia] will generate justice routes on labour and commercial law disputes on the “Legal APP” website, which will inform how and before which justice operator such disputes can be resolved.
• The Ministry of Justice [Minjusticia] will develop content to be published on the microsite of the Ministry of Justice “Conexión Justicia” related to Title VIII “De la Actividad Económica” and Title XIV “Del Urbanismo” of the Police Code (Law 1080 of 2016) [Código de Policía (Ley 1080 de 2016)].
• The Presidential Advisory Office for Human Rights and International Affairs will disseminate a map/roadmap of state mechanisms to guide people affected by business activity.
• The Ministry of Interior will formulate and socialise the Conflict Resolution Policy through social dialogue.

Read more about Judicial remedy

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

Strand 2 [Eje nº 2]: Encourage the creation of regulations and strategies that promote respect for human rights in the development of business activities.

• The Ministry of Mines and Energy [Minminas] will build the human rights risk map for the mining and energy sector in prioritised territories.

(…)

• The Ministry of Agriculture and Rural Development will carry out actions to contribute to the formalisation of property rights.

Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation

(…)

• The National Infrastructure Agency (ANI) will contribute to the reduction of impacts and the improvement of the living conditions of the social units located in the areas of land required for the development of the works.

Read more about Land

II. CHALLENGES

(…)

Indeed, for a company, observing Responsible Business Conduct standards and implementing due diligence in its response to the Covid-19 crisis will help ensure that its business decisions avoid and address potential adverse impacts on people and the planet, including in its supply chain. Those companies that take proactive steps to address Covid-19 risks in a way that mitigates adverse impacts on workers and supply chains are more likely to generate greater long-term value and resilience.

III. OBJECTIVES

(…)

… the specific objectives that will develop the general objective mentioned above are the following:

(…)

• Encourage the adoption and appropriation of corporate due diligence processes to strengthen respect for human rights and eventual remediation of adverse impacts.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

Strand 9 [Eje nº 9]: The state as economic actor

(…)

• The Ministry of Finance and Public Credit will adopt commitments to respect human rights and good reporting practices (GRI methodology) to monitor company performance.

ii. Fundamental Pillar 2: The duty of business to respect human rights

(…)

Strand 2 [Eje nº 2]: Promoting corporate human rights due diligence

• The business associations will provide training opportunities aimed at promoting due diligence in the development of business activities. This will be done through the dissemination of the OECD Guidelines described in chapter IV “International Standards”.
• The Presidential Advisory Office for Human Rights and International Affairs, together with business associations, will be responsible for promoting responsible supply chain management in the area of human rights, with an emphasis on small and medium-sized enterprises.
• The Presidential Advisory Office for Human Rights and International Affairs will disseminate methodologies, tools and recommendations to inform corporate human rights due diligence processes.
• The Procurement Agency [Colombia Compra Eficiente] will disseminate the due diligence framework established by the entity in the Guide for Socially Responsible Public Procurement within state entities.

Read more about Mandatory human rights due diligence

IV. POLICY DEFINITION

Migration approach: It is the approach of policies that take into account the migration phenomenon given its effects on the social, cultural, environmental and economic context. As of April 2020, Colombia has received more than 1,825,000 migrants, which has had a direct effect on the labour market and the business environment in Colombia. This leads to the need for this document to take this vision into account.

Read more about Migrant workers

`The Colombia NAP does not explicitly address this issue’

Read more about National Human Rights Institutions/ Ombudspersons

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

Strand 9 [Eje nº 9]: The state as economic actor

(…)

• The Ministry of Finance and Public Credit will adopt commitments to respect human rights and good reporting practices (GRI methodology) to monitor company performance.

Read more about Non-financial reporting

II. CHALLENGES

(…)

Another major challenge in the implementation of the Plan has to do with strengthening the institutional offer of judicial and non-judicial, state and non-state reparation mechanisms, and the population’s access to them. It is essential to work hand in hand with the business sector to foster a culture of respect for the rule of law by participating in state reparation mechanisms and promoting, through its activities, the prompt resolution of any claims that may arise.

V. INTERNATIONAL NORMATIVE FRAMEWORK

(…)

On the other hand, the Pact for Legality: Effective Security and Transparent Justice seeks to guarantee access to justice for all people in the event of a rights violation. This objective is fundamental in the framework of the National Action Plan (NAP), as it strengthens the Remediation pillar, which will be developed later, but which seeks to strengthen access to justice in business and human rights cases. The national government seeks to strengthen both the judicial system and all non-judicial mechanisms that ensure conflict resolution and guarantee reparations for all victims of human rights violations.

VIII. FUNDAMENTAL PILLARS

(…)

iii. Fundamental Pillar 3: Access to remedy mechanisms

Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms

• The Presidential Advisory Office for Human Rights and International Affairs will disseminate a map/roadmap of non-state mechanisms to guide people affected by business activity.
• The Ministry of Trade, Industry and Tourism [Mincit], as the entity where the Colombian NCP of the OECD Guidelines for Multinational Enterprises has its seat, will continue its work of disseminating the NCP’s non-judicial dispute resolution mechanism, in the events it organises in fulfilment of its functions of disseminating the Guidelines.
• The Presidential Advisory Office for Human Rights and International Affairs, together with the Presidential Advisory Office for Public-Private Management, will design a guidance mechanism to ensure that human rights grievance mechanisms are effective and aligned with the criteria set out in the Guiding Principles.
• The Ministry of Justice [Minjusticia] will manage the education and training of the operators of the Houses of Justice and Citizen Coexistence in Conflict on human rights and business.
• The Ministry of Justice [Minjusticia] will facilitate access to alternative methods of conflict resolution in disputes arising from business activities that violate human rights in the territories.
• Business associations will promote the importance of human rights grievance mechanisms and their effectiveness.
• The SIC [Superintendencia de Industria y Comercio] will identify in telecommunications companies in Colombia which mechanisms are in place to guarantee due process in relation to the rights of petition presented by customers or citizens, within the operational framework.
• The SIC [Superintendencia de Industria y Comercio] will identify the actions or strategies of telecommunications companies in Colombia to address or remedy the actual and potential negative consequences of their operation.
• The SIC [Superintendencia de Industria y Comercio] will provide technical assistance to companies to design and strengthen their grievance mechanisms with a focus on human rights and business.

Read more about Non-judicial grievance mechanisms

VIII. FUNDAMENTAL PILLARS

(…)

iii. Fundamental Pillar 3: Access to remedy mechanisms

Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms

(…)

• The Ministry of Trade, Industry and Tourism [Mincit], as the entity where the Colombian NCP of the OECD Guidelines for Multinational Enterprises has its seat, will continue its work of disseminating the NCP’s non-judicial dispute resolution mechanism, in the events it organises in fulfilment of its functions of disseminating the Guidelines.

Read more about OECD National Contact Points

IV. POLICY DEFINITION

• Approach to persons with disabilities: Firstly, it is important to understand that under the Convention persons with disabilities are: “those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others”. The Plan’s approach to disability is based on the social model of disability which mentions that: The notion of a person with disability from this model is based, beyond the functional diversity of people, on the limitations of society itself. In this way, a distinction is made between what is commonly referred to as “impairment” and what is understood as “disability”.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity

(…)

• The Ministry of Telecommunications [Mintic] will enhance the relay centre as a two-way communication service platform that allows deaf and hearing people to communicate with each other.

Read more about Persons with disabilities

II. CHALLENGES

The NAP will face important challenges during the two years expected for its implementation. One of them is to ensure the vertical coherence of public policies. This means achieving an articulation of the various public policy instruments at the different levels of government, promoting the inclusion of recommendations regarding business and human rights.

IV. POLICY DEFINITION

The National Action Plan for Business and Human Rights “Together We Make It Possible” is a public policy instrument to be implemented in two years, formulated to ensure that: (i) the State protects human rights in the context of business activity, (ii) these are respected by companies and, (iii) effective mechanisms are in place to redress human rights violations.

In this sense, from the State’s perspective, it is essential to guarantee due coherence and coordination of national and territorial public policies, and to establish the commitment of State entities at the different levels of government. In this sense, efforts will be made to ensure that national and territorial entities undertake actions aimed at formulating sectoral and territorial human rights policies and thus guarantee the inclusion of a human rights-based approach in the business activities in which they are involved, as well as in the companies with which they have relationships in the value chain.

Through this Plan, the national Government urges all companies, regardless of their size, sector, location, ownership and structure, to comply with the highest international standards in the respect of human rights, such as the United Nations Guiding Principles on Business and Human Rights, the OECD Guidelines, the ILO Tripartite Declaration and the 2030 Agenda for Sustainable Development, consistent with Colombian constitutional mandates, the ILO Tripartite Declaration and the 2030 Agenda for Sustainable Development in coherence with Colombian constitutional mandates, in order to avoid and address the negative consequences in which they may be implicated, including those present in supply/value chains, while making a positive contribution to economic, environmental and social progress.

Read more about Policy coherence

`The Colombia NAP does not explicitly address this issue’

Read more about Privatisation

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

Strand 9 [Eje nº 9]: The state as economic actor

(…)

• The Procurement Agency [Colombia Compra Eficiente] will accompany the implementation of the Socially Responsible Public Procurement Guide for state entities that are carrying out procurement processes.

ii. Fundamental Pillar 2: The duty of business to respect human rights

(…)

Strand 2[Eje nº 2]: Promoting corporate human rights due diligence

(…)

• The Procurement Agency [Colombia Compra Eficiente] will disseminate the due diligence framework established by the entity in the Guide for Socially Responsible Public Procurement within state entities.

Read more about Public procurement

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 3 [Eje nº 3]: Dissemination of the National Action Plan on Business and Human Rights and of instruments and strategies related to the promotion of these rights

(…)

• The Ministry of National Defence will hold seminars and workshops for the security forces and companies to disseminate and raise awareness of the voluntary principles of security and human rights.

Read more about Security sector

I. CONTEXT

(…)

Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]

• Job creation: the government seeks increasing employment through a strategy that combines support to Small and medium enterprises (which generate around 90% of employment in the country), acceleration of infrastructure projects, incentives to orange economy [economía naranja] projects^_, development in connectivity and digital transformation and support to sector specially impacted by the pandemic such as tourism and the hotel industry.

III. OBJECTIVES

The general objective of the National Action Plan on Business and Human Rights “Together we make it possible” [“Juntos lo Hacemos Posible”] is the following:

Guarantee that, during the situation caused by Covid-19, as well as in the economic and social reactivation phase to overcome it: the State adequately protects human rights, business activities are respectful of these rights and victims of human rights violations are allowed to have access to effective reparations. This is a fundamental basis for sustainable development and equity in the country.

Likewise, the specific objectives that will develop the general objective mentioned above are the following:

(…)

• Encourage respect for human rights in micro, small, medium and large companies.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation

(…)

• The Ministry of Agriculture and Rural Development will implement strategies to continue to guarantee the right of association of small and medium producers and participation of farmers in public policy decisions affecting the sector.

ii. Fundamental Pillar 2: The duty of business to respect human rights

(…)

Strand 2[Eje nº 2]: Promoting corporate human rights due diligence

(…)

• The Presidential Advisory Office for Human Rights and International Affairs, together with business associations, will be responsible for promoting responsible supply chain management in the area of human rights, with an emphasis on small and medium-sized enterprises.

Read more about Small & medium-sized enterprises

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 3 [Eje nº 3]: Dissemination of the National Action Plan on Business and Human Rights and of instruments and strategies related to the promotion of these rights

(…)

• The Presidential Advisory Office for Competitiveness and Public-Private Management will support the dissemination of the NAP with the business sector and at territorial level through the Regional Competitiveness and Innovation Commissions.

Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity

(…)

• The Presidential Advisory Office for Human Rights, together with the Presidential Advisory Office for Competitiveness and Public-Private Management, the Presidential Advisory Office for Women and the ICBF [Instituto Colombiano de Bienestar Familiar] will carry out the articulation mechanisms for the implementation of gender parity initiatives that involve women and girls.

Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation

(…)

• The Ministry of Trade, Industry and Tourism [MINCIT] will link public-private policy networks related to competitiveness, productivity and income and employment generation to human rights and business processes and guidelines.

ii. Fundamental Pillar 2: The duty of business to respect human rights

(…)

Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region

(…)

• The ICBF [Instituto Colombiano de Bienestar Familiar] will provide technical assistance, advice, training and accompaniment to public-private agents in the integral respect of children’s rights, as well as in the implementation of the principles and actions set out in the Rights of the Child, as well as in the adoption and implementation of the Business and Childhood Strategy [Estrategia de Empresa y Niñez] within the framework of business activities in Colombia.

iii. Fundamental Pillar 3: Access to remedy mechanisms

(…)

Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms

(…)

• The Presidential Advisory Office for Human Rights and International Affairs, together with the Presidential Advisory Office for Public-Private Management, will design a guidance mechanism to ensure that human rights grievance mechanisms are effective and aligned with the criteria set out in the Guiding Principles.

Read more about State Owned Enterprises/ Public Private Partnerships

VIII. FUNDAMENTAL PILLARS

(…)

ii. Fundamental Pillar 2: The duty of business to respect human rights

Strand 1[Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights

(…)

• The ICBF [Instituto Colombiano de Bienestar Familiar]  will promote plans, programmes, strategies and projects coordinated with the State, to eradicate child labour in economic sectors identified as critical, in which children and adolescents participate in the production value chain.
• ProColombia (in charge of promoting Colombian exports, international tourism and foreign investment in Colombia) will take advantage of spaces or programmes that contribute to the promotion of exports to raise awareness of good sustainable development practices that include human rights commitments by companies as a factor of competitiveness in global value chains.

Strand 2[Eje nº 2]: Promoting corporate human rights due diligence

(…)

• The Presidential Advisory Office for Human Rights and International Affairs, together with business associations, will be responsible for promoting responsible supply chain management in the area of human rights, with an emphasis on small and medium-sized enterprises.

Read more about Supply chains

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 2 [Eje nº 2]: Encourage the creation of regulations and strategies that promote respect for human rights in the development of business activities.

(…)

• The Ministry of Culture [Mincultura] will promote the protection of human rights in the entrepreneurship that benefits from the tax and financing strategies located in the framework of the Orange Economy policy [Economía Naranja].

Read more about Taxation

III. OBJECTIVES

… the specific objectives that will develop the general objective mentioned above are the following:

(…)

• Contribute to the fulfilment of the 2030 Agenda for Sustainable Development.

IV. POLICY DEFINITION

Through this Plan, the national Government urges all companies, regardless of their size, sector, location, ownership and structure, to comply with the highest international standards in the respect of human rights, such as the … 2030 Agenda for Sustainable Development, consistent with Colombian constitutional mandates.

Sustainable Development Goals

With a universal call to end poverty, protect the environment and ensure that all people enjoy peace, the 193 Member States of the United Nations adopted the “2030 Agenda for Sustainable Development”. It is composed of 17 goals, the main elements of which are as follows:

• The people
• The planet
• Prosperity
• Peace Partnerships

In response to the pandemic, the path towards achieving the 2030 agenda has lagged behind. In order to continue to make progress towards achieving the 2030 agenda, a resilient, inclusive and environmentally friendly economy is needed to meet the agenda and to have a more sustainable and equitable world.

Acknowledging the importance of promoting economic development that fundamentally integrates the SDGs, the national government, through Law 1955 of 2019, issued the National Development Plan (NDP) 2019-2022 “Pact for Colombia Pact for Equity” [“Pacto por Colombia Pacto por la Equidad”], establishing the need to develop the country’s productive potential, always under the obligation to respect human rights.

The NDP has three structural pacts among which is the Pact for Entrepreneurship, Formalisation and Productivity: A dynamic, inclusive and sustainable economy. Its objective is to retake the productive potential and support entrepreneurship projects in the country, while respecting the human rights of all people. It also seeks to ensure that companies generate sustainable projects with positive and long-term impacts in their operating contexts.

On the other hand, the Pact for Legality: Effective Security and Transparent Justice seeks to guarantee access to justice for all people in the event of a rights violation. This objective is fundamental in the framework of the National Action Plan (NAP), as it strengthens the Remediation pillar, which will be developed later, but which seeks to strengthen access to justice in business and human rights cases. The national government seeks to strengthen both the judicial system and all non-judicial mechanisms that ensure conflict resolution and guarantee reparations for all victims of human rights violations.

With regard to the Transversal Pacts set out in the NDP, it is important to highlight the Pact for Sustainability: Producing by conserving and conserving by producing, which aims to establish the importance of developing business activities within the framework of respect for the environment and corporate sustainability. This Pact seeks to promote integrated actions between the business sector, the territories, the public sector, including state-owned companies, international actors and civil society to adopt sustainable practices that take into account the climatic aspects and biodiversity of the Colombian territory.

Similarly, it is necessary to mention the evaluation of Colombia in the Third Cycle of the Universal Periodic Review on 10 May 2018, where the United Nations Human Rights Council requested the Colombian State to prioritise actions regarding the fulfilment of SDG 1 “End Poverty”, SDG 5 “Gender Equality”, SDG 8 “Decent Work and Economic Growth” and SDG 16 “Peace, Justice and Strong Institutions”.

VIII. FUNDAMENTAL PILLARS

(…)

ii. Fundamental Pillar 2: The duty of business to respect human rights

(…)

Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region

(…)

• The Presidential Advisory Office for Women’s Equity (CPEM) will implement an advocacy strategy for companies to promote actions to close gender gaps and empower women and girls from the logic of the 2030 Agenda for Sustainable Development and Shared Value.

Read more about The 2030 Agenda for Sustainable Development

I. CONTEXT

(…)

Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]

Job creation: the government seeks increasing employment through a strategy that combines support to Small and medium enterprises (which generate around 90% of employment in the country), acceleration of infrastructure projects, incentives to orange economy [economía naranja] projects^_, development in connectivity and digital transformation and support to sector specially impacted by the pandemic such as tourism and the hotel industry.

Read more about Tourism sector

`The Colombia NAP does not explicitly address this issue’

Read more about Trade

I. CONTEXT

(…)

Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]

• Job creation: the government seeks increasing employment through a strategy that combines support to Small and medium enterprises (which generate around 90% of employment in the country), acceleration of infrastructure projects, incentives to orange economy [economía naranja] projects^_, development in connectivity and digital transformation and support to sector specially impacted by the pandemic such as tourism and the hotel industry.

VIII. FUNDAMENTAL PILLARS

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 2 [Eje nº 2]: Encourage the creation of regulations and strategies that promote respect for human rights in the development of business activities.

(…)

• The Ministry of Labour will formulate departmental plans for the eradication of child labour and the protection of adolescent workers within the framework of the CIETI [Comité Interinstitucional para la Erradicación del Trabajo Infantil].

(…)

• The Ministry of Agriculture and Rural Development will carry out actions to formalise employability relations in the rural sector and basic minimum income, in accordance with the recognised rights of rural workers, taking into account a differential approach for the sector.

Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity

• The Presidential Advisor’s Office for Human Rights and International Affairs will carry out accompaniment and advice sessions for employers on the importance of labour inclusion for the vulnerable population, highlighting its importance in the reactivation phase of Covid-19.

Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation

• The Ministry of Trade, Industry and Tourism [MINCIT] will link public-private policy networks related to competitiveness, productivity and income and employment generation to human rights and business processes and guidelines.

(…)

• The Ministry of Agriculture and Rural Development will implement strategies to continue to guarantee the right of association of small and medium producers and participation of farmers in public policy decisions affecting the sector.

ii. Fundamental Pillar 2: The duty of business to respect human rights

Strand 1 [Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights

• The Ministry of Labour will promote respect for the fundamental right of association, unionisation and bargaining through accompaniment and training.

Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region

(…)

• The Ministry of Labour [Mintrabajo] will support the strengthening of the trade union association process through training focused on raising awareness among the labour force on the right to association.

Read more about Workers’ rights