Colombia
Colombia launched its first NAP in December 2015 with a lifespan until 2018.
Colombia launched a second NAP in December 2020 with lifespan until 2022.
In July 2024, Colombia published a ‘Memorandum on Public Policy on Business and Human Rights‘. This provides an updated state-of-play of BHR in Colombia and highlights potential next steps.
Colombia is currently undertaking an NBA and developing a 3rd NAP.
Available NAPs
Colombia: 1st NAP (2015-2018)
NAP Development Process
Status
The 1st Colombian NAP was launched in December 2015.
According to the first report on implementation released in May 2017, Colombia was advancing in the implementation of 59% of the actions in the NAP.
According to the second report on advancements in implementation (in Spanish) released in August 2018, Colombia was advancing on 86% of the actions in the NAP.
Process
Through the approval of the Decree 4100 of 2nd November 2011, the Colombian Government created the National System of Human Rights and International Humanitarian Law in order to “coordinate rules, policies, entities and institutions at the national and territorial levels and thus promote the respect and guarantee of the Human Rights and the application of the IHL”.
Within this framework, an inter-governmental Working Group on Business and Human Rights – where the Presidential Advisory Office for Human Rights acts as the Technical Secretariat– was established (Spanish) to create an inter-agency space to address various issues that link businesses to human rights.
In 2013, a proposal for a Comprehensive Public Policy for Human Rights was published after a consultation process carried out through 32 meetings where 19,000 social leaders and 9,000 organisations attended. In 2014, the Presidential Advisory Office for Human Rights issued the Human Rights National Strategy for 2014-2034 as a way to provide public institutions with tools for the adoption a Human Rights-based approach.
In 2013 Colombia acted as the host for the First Latin American and Caribbean Regional Forum on Business and Human Rights.
In 2014 the Working Group published the Business and Human Rights Public Policy Guidelines, which provided an initial base for the Colombian NAP on Business and Human Rights. These Guidelines contain two main themes:
- A report on the territorial workshops held in Casanare, Huila, Norte de Santander, Bolivar, Antioquia and Valle del Cauca with representatives of civil society, local governments and companies and ii) “Conclusions and proposals for dialogue for the implementation of the UNGP in Colombia”;
- An outcome document from the Multistakeholder Dialogue Project, leading by Sustentia, that included capacity building and dialogue in multi-stakeholder workshops, from 2012 to 2013. Those dialogues were mainly focused on the main issues in Colombian context under the approach of the UNGP, “Protect, Respect
and Remedy”.
In 2014 Colombia hosted the Latin American Dialogue on the National Implementation of Business and Human Rights frameworks.
In 2015, the Colombian government announced it would develop a NAP on Business and Human Rights. The Presidential Advisory Office for Human Rights – within the Office of the Presidency – was tasked with developing the NAP and with determining which government entities were responsible for each area of action. Additionally, a multi-stakeholder steering committee was established to guide and support the drafting process. The Committee was composed by the Ombudsman’s Office, Fundación Ideas para la Paz, Colombia’s Mining-Energy Committee, AECID (Spanish Agency for International Development Cooperation), UNDP and the OHCHR.
After a consultation process with representatives from public institutions, private companies, and civil society organisations, the first draft was submitted for consultation in a multi-stakeholder national forum with over 100 attendants and three territorial forums hosted in Cartagena, Villavicencio and Apartadó between October and November 2015. Additionally, from October to December 2015, the draft NAP was posted on the Presidential Advisory Office for Human Rights website in Spanish and English, along with an email address allowing for interested parties to submit comments. However, a terms of reference and timeline for the NAP development process was not shared with stakeholders. The final draft NAP was officially launched and published in December 2015.
In parallel, the Danish Institute for Human Rights (DIHR) and the Fundación Ideas para la Paz (FIP) updated the Human Rights and Business Country Guide to Colombia (Spanish), which was published in 2016.
Stakeholder Participation
Stakeholders
A multi-stakeholder steering committee was established to guide and support the drafting process. The Committee was composed of the Ombudsman’s Office, Fundación Ideas para la Paz, Colombia’s Mining-Energy Committee, AECID (Spanish Agency for International Development Cooperation), UNDP and the UN OHCHR.
Consultation
Prior to the first draft of the NAP, diverse multi-stakeholders discussions, training programs, national and regional consultations, and bilateral dialogues took place, which resulted in the 2014 Business and Human Rights Public Policy Guidelines. Business owners, private sector actors, civil society, NGOs, and government entities participated in the process.
The first draft was submitted for consultation in a multi-stakeholder national forum held in October 2015 with over 100 attendants including over 30 national and international civil society organisations (Caguán Vive, Sisma Mujer, Corporación Jurídica Yira Castro, CGT, Corporación Viva la Ciudadanía, Instituto Popular de Capacitación, CREER, and ICCO Cooperación among other), universities, private companies, business associations, international organisations (UNDP, OHCHR, and IOM the European Union), embassies from different countries (Nederland, United Kingdom, Norway and Spain), international experts (London School of Economics, ICAR, DIHR, Sustentia, Access Facility and the Institute for Human Rights and Business) and public entities. Furthermore, three territorial forums with multi-stakeholder participation were held in Cartagena, Villavicencio and Apartadó in November 2015. The details of these consultations were published in the Business and Human Rights Public Policy Guidelines.
From October to December 2015, the draft NAP was posted on the Presidential Advisory Office for Human Rights website in Spanish and English, along with an email address allowing for interested parties to submit comments on it.
In these participative processes, institutional actors from business and civil society organisations, as well as government and international entities were consulted regarding the draft NAP. Among others, ICAR, FIP, ARDURA and the DIHR provided strategic advice and a written submission with recommendations.
Moreover, governance structures (the NAP’s Advisory Committee) were established as spaces of consultation and dialogue between civil society, companies and the government, to resolve human rights conflicts through dialogue and participation.
Despite the different consultations carried out before the approval of the NAP, some civil society organisations considered the dialogue process to be insufficient, in activities, in timeline and inclusiveness of the more critical organisations. This point of view was portrayed by ICAR’s assessment on the NAP.
Training
Between 2012 and 2014, Sustentia and AECID (Spanish Agency for International Development Cooperation) provided a training program coordinated by the Colombian Government.
From 2012 to 2013 Business and Human Rights Capacity training was provided through a Dialogue project. The general goal was to capacitate staff to support the growing dialogue around business and human rights, especially on how to develop and implement due diligence and human rights policies and on effective remedy mechanisms. This included training 65 Colombian public officers from different Ministries about human rights generally and the UNGPs on business and human rights. Those individuals formed part of the inter-ministry committee in charge of the development of public policy on Business and Human Rights in Colombia. During October and November 2014, The Ombudsman’s Office organised, with the technical assistance of Sustentia, an academic program focused on Business and Human Rights (Cátedra Ciro Angarita Barón) targeted to both public and civil organisations.
To support the development of the NAP process, the DIHR and FIP developed a strategic alliance with the National Human Rights Institution (NHRI) and the Presidential Advisory Office on Human Rights which included, among others, a training session for the Presidential Advisor’s Office, the NHRI and various government ministries in July 2015 on human rights and business, including the implementation of the UNGPs through NAPs.
With the financial support of AECID, the Presidential Advisory Office on Human Rights, ANDI, Sustentia and CREA, in 2016 and 2017, also led an 18-month training program with a regional approach priorities and dilemmas on how to implement the NAP. Three main multi-stakeholder dialogue processes were developed- Antioquia, Valle del Cauca and Bogotá- during 18 months, including 2 local workshops in Buenaventura y Turbo. This project was directed to civil society organisations, private companies, business associations and public institutions. The main outcomes are available here (Spanish).
Transparency
Between October and December 2015, the NAP’s draft was posted on the Presidential Advisory Office for Human Rights website in Spanish and English for public consultation together with an email address for comments and proposals.
The final NAP was published in the following websites:
- The Government of Colombia
- Organisation for Economic Co-operation and Development (OECD)
- Issuu.com
- UN Working Group on the issue of human rights and transnational corporations and other business enterprises
The Government runs a microsite (in Spanish) with details on the NAP.
National Baseline Assessment (NBA)
The Colombian government did not conduct an NBA in advance of its NAP development.
A participative process with private and public organisations was conducted between 2012 and 2013 to identify different problems regarding human rights and design actions to address them. The Government of Colombia conducted a brief Survey for the States: National Action Plans on Business and Human Rights in 2014, to assess the state of Colombia on the implementation of the UNGPs, before the adoption of the NAP. Neither of these amounted to a National Baseline Assessment (NBA).
In March 2018 CREER, the British Embassy in Colombia, the Presidential Advisory Office for Human Rights, and the IHRB published ‘Closer to citizens: Elements of a comprehensive system of non-judicial remedy in business and human rights‘ (Spanish), which addresses elements of the limited baseline assessment promised in the first NAP.
Follow-up, monitoring, reporting and review
The NAP clearly identifies follow-up and implementation measures, providing a monitoring and evaluation framework. Likewise, specific responsible governmental entities are clearly identified for each area of implementation. The NAP also defined its Advisory Committee with the following members:
- One representative elected by the national indigenous organisations.
- One representative elected by the national afro-descendent organisations.
- One representative elected by the National NGO Platform.
- One representative elected by the confederations of workers’ unions.
- One representative elected by the Colombian Association of Universities.
- Two representatives elected by the National Trade Council, one of whom must be a delegate of the enterprises and the other one a delegate of the trades.
- One representative elected by the Ombudsman’s Office.
- One representative of the current multi-stakeholder initiatives on the business and human rights in the country.
- One representative of the multi-lateral entities related to business and human rights.
- One representative appointed by the International Community.
When the members were assigned the Advisory Committee first met in March 2017. The inter-governmental Working Group on Business and Human Rights defined by the National System of Human Rights and International Humanitarian Law is in charge for the monitoring of the plan.
The Government runs a microsite (in Spanish) detailing the implementation of each action point within the NAP by the responsible entity. The Colombian Government commits in the NAP to publish an annual report and has currently published two.
The first Annual Evaluation on the implementation of the Colombian National Action Plan on Human Rights and Businesses in 2017 stated that Colombia was advancing in the implementation of 59% of the actions in the NAP.
The second report on advancements in implementation (in Spanish) released in August 2018, stated that Colombia was advancing on 86% of the actions in the NAP. The second report contains chapters on the process of developing the update, each of the 3 pillars, the role of the Defensor del Pueblo (Colombia’s NHRI), the process for realising the NAP, and challenges.
Stakeholders views and analysis on the NAP
The International Corporate Accountability Roundtable (ICAR) and the Centro de Estudios de Derecho, Justicia, y Sociedad (Dejusticia) published conducted an evaluation of the Colombian NAP on Business and Human Rights, following the NAPs checklist developed by ICAR and the DIHR’s NAP Toolkit, to evaluate the content and development process of the Colombian NAP. This Assessment of the Colombian National Action Plan (NAP) on Business and Human Rights was published in September 2016.
The Colombian Government published the Report of the Annual Plenary on Business and Human Rights in 2016, as a compliance of the 2016 UN Forum on Business and Human Rights, which took place in Geneva in November 2016, with representatives from governments, businesses, community groups and civil society, NHRIs and international bodies, to discuss about the UNGPs and other business-related human rights issues. This report compiles the perspective raised on the Colombian NAP during the mentioned three-day forum.
Conectas Human Rights, Dejusticia and Justiça Global share a critical perspective on the UN Working Group on Business and Human Rights, compiled in the Review of the first two years of the work of the Working Group, which applies to the Colombian implementation of the UNGPs. Other CSO critic papers are published, for example a paper from Tierra Digna.
Additional resources
Fundación DIS and Sustentía Innovación Social (2013) Conclusions and Recommendations from the dialogue on the application of the UNGPs on Business and Human Rights in Colombia
Fundación DIS and Sustentía Innovación Social (2013) Handbook Guide on Business and Human Rights: Embracing the UN Guiding Principles
Government of Colombia (2014) Colombian National Plan for Development 2014-2018: “All for a New Country”
Government of Colombia (2014) National Strategy on the realization of Human Rights 2014-2034
Government of Colombia (2014) Business and Human Rights Public Policy Guidelines
Danish Institute for Human Rights (DIHR) (2014) National action plan on business and human rights in Colombia
Government of Colombia (2015) Plan Nacional de Acción sobre Derechos Humanos y Empresas
Government of Colombia (2016) Report of the Annual Plenary on Business and Human Rights in 2016 (Spanish only)
Sustentia, AECID Report of the Regional and National Dialogues: priorities and dilemmas on how implement the Colombian NAP on territory Antioquia, Valle del Cauca and Bogotá (2016- 2017)
Government of Colombia (2017) Annual Evaluation on the implementation of the Colombian National Action Plan on Human Rights and Businesses
International Corporate Accountability Roundtable (ICAR) and Centro de Estudios de Derecho, Justicia, y Sociedad (Dejusticia) (2016) Assessment of the Colombian National Action Plan (NAP) on Business and Human Rights
Ministry of Commerce, Industry and Turism, Government of Colombia (2012) National Contact Point of the OCDE’ Guidelines for Multinational Enterprises
Ministry of Foreign Affairs, Government of Colombia (2014) Survey for the States: National Action Plans on Business and Human Rights
Ministry of the Interior, Government of Colombia (2011) National System for Human Rights
UN Office of the High Commissioner for Human Rights (OHCHR) (2016) State National Action Plans
UN Working Group on Business and Human Rights (2016) Guidance on National Action Plans on Business and Human Rights IV UN Forum on Business and Human Rights
Explore NAP by Issue
Colombia: 2nd NAP (2020-2022)
NAP Development Process
Status
Colombia’s second National Action Plan for Business and Human Rights 2020-2022 “Juntos lo Hacemos Posible Resiliencia y Solidaridad” was published on 10 December 2020. This was developed by the Presidential Advisory Office for Human Rights and International Affairs, under the direction of the President of the Republic.
Process
Colombia’s second NAP development process began during the later stage of the implementation of the first NAP (2015-2018). A National Coordination Body (NCB) was established in November 2017, comprised of over 90 stakeholders.
In February 2018, the NCB conducted 15 territorial meetings and a multi-stakeholder Technical Roundtable. Subsequent workshops, meetings, and tables, led by the Presidential Advisory Office for Human Rights, reviewed recommendations.
The NCB recommended that the NAP should be updated with the participation of actors in the territories and agreed to hold seven regional workshops to identify, through constructive dialogue, the weaknesses, challenges and opportunities of the National Action Plan on Business and Human Rights from its new validity in December 2018. More than 500 people participated in these workshops, including companies, international organisations, representatives of civil society and national and territorial entities.
In the framework of these regional workshops, the following recommendations were made:
- Strengthen the institutional framework of the NAP from the National Development Plan and the territorial development plans.
- Specify state responsibilities according to their competencies in the implementation of the Plan’s actions.
- Strengthen effective channels of nation-territory articulation.
- Build capacities for the positioning and dissemination of public policy.
- Incorporate perspectives from different state, business and social actors in policy planning, implementation and monitoring.
- Make visible and articulate measures to protect and respect human rights in the framework of economic activities with other agendas such as the Sustainable Development Goals, competitiveness derived from joining the OECD, among others.
- Promote multi-stakeholder dialogue to build trust and consolidate the human rights and business agenda in the territories.
In October 2018, the Presidential Advisory Office for Human Rights and International Affairs began a process of reviewing the recommendations together with the entities responsible for the different strategic lines. To this end, around 40 bilateral meetings were held with more than 28 entities.
In addition to these bilateral meetings, four collective construction workshops were held with the participation of institutions, representatives of civil society, academia and international cooperation, in which inputs were gathered for the elaboration of this Action Plan. The workshops addressed the following topics: the general objective and specific objectives, the lines of action and their indicators, and the governance bodies.
In the second half of 2019, the Business and Human Rights Working Group of the Presidential Advisory Office for Human Rights and International Affairs held seven regional workshops in different departments in order to socialise the Plan’s commitments, prioritise sectors, strengthen participation and inter-institutional coordination, among others. The aim of these workshops was to learn about the needs of each territory and thus be able to translate the policy to the realities of each region.
However, given the need to incorporate a vision aimed at the protection, respect and reparation of human rights violations in the framework of Covid-19, the document was adjusted accordingly. In this sense, in order to strengthen the participation process, which has been underway since 2018, a new round of socialisation and agreement on the policy and its actions began in 2020. On this occasion, members of academia, business associations and companies, international organisations, trade unions and other national government entities participated so that the NAP could be built on the basis of a participatory dialogue process.
Stakeholder Participation
The second NAP was criticised by trade unions and CSOs for the lack of an NBA and lack of effective public participation and timely, accessible, and complete information.
Transparency
The 2nd NAP, the National Action Plan for Business and Human Rights 2020-2022 “Juntos lo Hacemos Posible Resiliencia y Solidaridad” is available at the website of the Presidential Advisory Office for Human Rights, where a press release describing the basic features of the plan can also be found.
National Baseline Assessment (NBA)
The Colombian government did not conduct an NBA in advance of its second NAP development.
However, in March 2018 CREER, the British Embassy in Colombia, the Presidential Advisory Office for Human Rights, and the IHRB published ‘Closer to citizens: Elements of a comprenhensive system of non-judicial remedy in business and human rights‘ (Spanish), which addresses elements of the limited baseline assessment promised in the first NAP.
Follow-up, monitoring, reporting and review
The second NAP provides for:
An Inter-Institutional Working Group (Grupo de Trabajo Interinstitucional)
For the comprehensive and coherent management of the Business and Human Rights agenda, the work developed by the Inter-Institutional Working Group, formed from the Subsystem of Economic, Social, Cultural and Environmental Rights, will be continued, as a scenario that promotes coherence between sectoral policies, coordination between State programmes and territorial entities. To this end, it must formulate, coordinate, implement and follow up on the Road Map for the implementation of the Plan. The Technical Secretariat of this space will be headed by the Presidential Advisory Office for Human Rights and International Affairs.
The Coordination of this Working Group will be in charge of the annual implementation reports of the Working Group’s Plan, the reports of the UN Working Group on Business and Human Rights and relevant information for the implementation of the Plan.
It should produce a yearly review, which should be published in the first semester of every year in the Presidential Advisory Office for Human Rights and International Affairs’ website.
In 2021, the Colombian government published an annual report on the implementation of the second NAP. Colombia’s 2022 annual report on human rights contains a chapter on BHR, detailing actions taken to implement the NAP.
Monitoring Commission (Comisión de Seguimiento)
The Monitoring Commission is constituted as an advisory body to the Inter-Institutional Working Group with the function of guiding the actions related to the implementation of this plan, for which it will meet every 3 months. This commission will be made up as follows:
- One representative elected by the indigenous organisations
- One representative elected by the national organisations of black communities
- One representative elected by the National Confederation of NGOs.
- One representative elected by the confederation of workers’ trade unions
- Two representatives elected by the National Trade Council, one of whom shall be from the companies and the other from the trade unions.
- A representative of the Ombudsman’s Office (Defensoría del Pueblo).
- A representative of existing multi-stakeholder initiatives on business and human rights in the country
- A representative of multilateral agencies engaged in business and human rights activities
- Two representatives of the Academic Board (Mesa Académica)
In order to facilitate the follow-up of the Plan’s implementation, a matrix containing the actions, indicators, goals and deadlines that each institution has committed to implement in the remainder of the policy has been included as an annex, which will be monitored by the Coordination of the Inter-Institutional Working Group. In addition, the Inter-Institutional Working Group, made up of the entities with implementation responsibilities in the Plan, will coordinate the preparation of the annual report on the implementation of the policy in question, which will be published on the website of the Presidential Advisory Office for Human Rights and International Affairs in the first half of each year of its validity, as of its publication. It has been noted that there was no annex in the NAP document. Furthermore, no information is available concerning the constitution, members and work of the Monitoring Commission.
Stakeholders views and analysis on the NAP
- In July 2019, the Fundación Ideas para la Paz published the “Planes Nacionales de Acción en Empresas y Derechos Humanos. Mínimos para la elaboración e implementación exitosa en Colombia” , a report aimed at giving recommendations for updating the Colombian NAP.
- In July 2020, the Presidential Advisory Office for Human Rights held a seminar on the “Juntos lo Hacemos Posible Resiliencia y Solidaridad” The National Action Plan for Business and Human Rights was included in the discussion on public policy and the post-COVID agenda.
- In December 2020, soon after the NAP was launched, the National Roundtable of Civil Society Organisations on Business and Human Rights (Mesa Nacional de Organizaciones de la Sociedad Civil sobre Empresas y Derechos Humanos) issued a public statement rejecting the new version of the National Action Plan on Business and Human Rights. The statement emphasised the attempt to portray the current pandemic as the central problem of human rights violations by companies in the country. It also raised several issues, such as the lack of a prior diagnosis, the lack of real and effective participation of civil society and impacted communities, the non-obligational language of the Plan and the general lack of adequate tools for the comprehensive reparation of human rights violations.
- In June 2021, Fundación Ideas para la Paz drafted a report called Mínimos para un Plan Nacional de Acción de Empresas y Derechos Humanos exitoso (in Spanish) on the key aspects the Colombian Nap should include for its success.
Additional resources
- Fundación DIS and Sustentía Innovación Social (2013) Conclusions and Recommendations from the dialogue on the application of the UNGPs on Business and Human Rights in Colombia
- Fundación DIS and Sustentía Innovación Social (2013) Handbook Guide on Business and Human Rights: Embracing the UN Guiding Principles
- Government of Colombia (2014) Colombian National Plan for Development 2014-2018: “All for a New Country”
- Government of Colombia (2014) National Strategy on the realization of Human Rights 2014-2034
- Government of Colombia (2014) Business and Human Rights Public Policy Guidelines
- Danish Institute for Human Rights (DIHR) (2014) National action plan on business and human rights in Colombia
- Government of Colombia (2015) Plan Nacional de Acción sobre Derechos Humanos y Empresas
- Government of Colombia (2016) Report of the Annual Plenary on Business and Human Rights in 2016 (Spanish only)
- Sustentia, AECID Report of the Regional and National Dialogues: priorities and dilemmas on how implement the Colombian NAP on territory. Antioquia, Valle del Cauca and Bogotá (2016- 2017)
- Government of Colombia (2017) Annual Evaluation on the implementation of the Colombian National Action Plan on Human Rights and Businesses
- International Corporate Accountability Roundtable (ICAR) and Centro de Estudios de Derecho, Justicia, y Sociedad (Dejusticia) (2016) Assessment of the Colombian National Action Plan (NAP) on Business and Human Rights
- Ministry of Commerce, Industry and Turism, Government of Colombia (2012) National Contact Point of the OCDE’ Guidelines for Multinational Enterprises
- Ministry of Foreign Affairs, Government of Colombia (2014) Survey for the States: National Action Plans on Business and Human Rights
- Ministry of the Interior, Government of Colombia (2011) National System for Human Rights
- UN Office of the High Commissioner for Human Rights (OHCHR) (2016) State National Action Plans
- UN Working Group on Business and Human Rights (2016) Guidance on National Action Plans on Business and Human Rights
- IV UN Forum on Business and Human Rights
Contacts
- Agencia Española de Cooperación Internacional para el Desarrollo (AECID)
- Centro de Estudios de Derecho, Justicia, y Sociedad (Dejusticia)
- Consejería Presidencial para los Derechos Humanos
- Comité Minero Energético para el sector extractivo
- Danish Institute for Human Rights (DIHR)
- Defensoría del Pueblo
- Fundación DIS
- Fundación Ideas para la Paz (FIP)
- International Corporate Accountability Roundtable (ICAR)
- Oficina en Colombia del Alto Comisionado de Naciones Unidas para los Derechos Humanos
- Presidential Advisory Office for Human Rights
- Programa de Naciones Unidas para el Desarrollo (PNUD)
- Sustentia Innovación Social
- Red Local de Pacto Global
Explore NAP by Issue
(…) (…) (…) 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. 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 Colombia NAP does not explicitly address this issue’ `The Colombia NAP does not explicitly address this issue’ `The Colombia NAP does not explicitly address this issue’ `The Colombia NAP does not explicitly address this issue’ `The Colombia NAP does not explicitly address this issue’ (…) (…) (…) (…) (…) (…) (…) (…) (…) `The Colombia NAP does not explicitly address this issue’ (…) (…) `The Colombia NAP does not explicitly address this issue’ `The Colombia NAP does not explicitly address this issue’ The Colombian NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors. `The Colombia NAP does not explicitly address this issue’ (…) [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. (…) (…) (…) The Colombian NAP does not make a direct reference to the Garment sector. (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) `The Colombia NAP does not explicitly address this issue’ `The Colombia NAP does not explicitly address this issue’ (…) 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. (…) (…) (…) `The Colombia NAP does not explicitly address this issue’ Read more about Investment treaties & investor-state dispute settlements (…) 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. (…) 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. (…) (…) (…) (…) 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. (…) … the specific objectives that will develop the general objective mentioned above are the following: (…) (…) (…) 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. `The Colombia NAP does not explicitly address this issue’ Read more about National Human Rights Institutions/ Ombudspersons (…) (…) 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. (…) 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. (…) (…) (…) (…) (…) 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. 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. (…) (…) (…) (…) (…) (…) 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: (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) (…) Read more about State Owned Enterprises/ Public Private Partnerships (…) (…) (…) (…) (…) … the specific objectives that will develop the general objective mentioned above are the following: (…) 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. 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: 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”. (…) (…) (…) (…) 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. `The Colombia NAP does not explicitly address this issue’ (…) (…) (…) (…) (…) (…)Children’s rights
IV. POLICY DEFINITION
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
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
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
Conflict-affected areas
II. CHALLENGES
(…)
VIII. FUNDAMENTAL PILLARS
i. Fundamental Pillar 1: The State’s obligation to protect human rights
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
Construction sector
Corporate law & corporate governance
Corruption
Data protection & privacy
Development finance institutions
Digital technology & electronics sector
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
iii. Fundamental Pillar 3: Access to remedy mechanisms
Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms
Energy sector
Environment & climate change
I. CONTEXT
Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]
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
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
Equality & non-discrimination
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
Export credit
Extractives sector
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.
Extraterritorial jurisdiction
Finance & banking sector
Fisheries and aquaculture sectors
Forced labour & modern slavery
Freedom of association
II. CHALLENGES
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
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
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
Garment, Textile and Footwear Sector
Gender & women’s rights
IV. POLICY DEFINITION
Human Rights Approach
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.
Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity
Strand 7 [Eje nº 7]: Provide guidance and assistance to businesses and enterprises targeting vulnerable populations
Strand 9 [Eje nº 9]: The state as economic actor
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
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
Guidance to business
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
Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity
Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective 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
Strand 7 [Eje nº 7]: Provide guidance and assistance to businesses and enterprises targeting vulnerable populations
Strand 9 [Eje nº 9]: The state as economic actor
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
Strand 2[Eje nº 2]: Promoting corporate human rights due diligence
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
iii. Fundamental Pillar 3: Access to remedy mechanisms
Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms
Health and social care
I. CONTEXT
Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]
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
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
Human rights defenders & whistle-blowers
Human rights impact assessments
Indigenous peoples
II. CHALLENGES
IV. POLICY DEFINITION
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
Investment treaties & investor-state dispute settlements
Judicial remedy
II. CHALLENGES
V. INTERNATIONAL NORMATIVE FRAMEWORK
VIII. FUNDAMENTAL PILLARS
iii. Fundamental Pillar 3: Access to remedy mechanisms
Strand 1[Eje nº 1]: Access to judicial remedy mechanisms
Land
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.
Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation
Mandatory human rights due diligence
II. CHALLENGES
III. OBJECTIVES
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
ii. Fundamental Pillar 2: The duty of business to respect human rights
Strand 2 [Eje nº 2]: Promoting corporate human rights due diligence
Migrant workers
IV. POLICY DEFINITION
National Human Rights Institutions/ Ombudspersons
Non-financial reporting
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
Non-judicial grievance mechanisms
II. CHALLENGES
V. INTERNATIONAL NORMATIVE FRAMEWORK
VIII. FUNDAMENTAL PILLARS
iii. Fundamental Pillar 3: Access to remedy mechanisms
Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms
OECD National Contact Points
VIII. FUNDAMENTAL PILLARS
iii. Fundamental Pillar 3: Access to remedy mechanisms
Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms
Persons with disabilities
IV. POLICY DEFINITION
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
Policy coherence
II. CHALLENGES
IV. POLICY DEFINITION
Privatisation
Public procurement
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
ii. Fundamental Pillar 2: The duty of business to respect human rights
Strand 2[Eje nº 2]: Promoting corporate human rights due diligence
Security sector
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
Small & medium-sized enterprises
I. CONTEXT
Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]
III. OBJECTIVES
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
ii. Fundamental Pillar 2: The duty of business to respect human rights
Strand 2[Eje nº 2]: Promoting corporate human rights due diligence
State Owned Enterprises/ Public Private Partnerships
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
Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity
Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation
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
iii. Fundamental Pillar 3: Access to remedy mechanisms
Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms
Supply chains
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
Strand 2[Eje nº 2]: Promoting corporate human rights due diligence
Taxation
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 2030 Agenda for Sustainable Development
III. OBJECTIVES
IV. POLICY DEFINITION
Sustainable Development Goals
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
Tourism sector
I. CONTEXT
Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]
Trade
Workers’ rights
I. CONTEXT
Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]
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.
Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity
Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation
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
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
Colombia: 3rd NAP (Under development)
NAP Development Process
Status
The Consejeria de Derechos Humanos is undertaking a national baseline assessment to inform its 3rd NAP, with a focus on
- Gender
- Armed conflict
- Social-environmental conflict
- Ethnic groups
- Access to justice
Concurrently, the Consejeria de Derechos Humanos is coordinating Ministries to develop a National Action Plan, which is envisaged to be adopted by Decree. The NAP will cover the UNGPs, and also focus on due diligence in a country with internal armed conflict and peace building.
