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NAP Development Process

Status

The ‘Plan National D’action Pour La Mise En Œuvre Des Principes Directeurs Des Nations Unies Relatifs Aux Droits De L’homme Et Aux Entreprises’ was adopted on 26th April 2017.

A table accompanying the NAP (English/ Français) provides detail on the implementation of the NAP’s Action Points (Actions underway, actions to be implemented, and responsible ministeries).

Process

On 21st February 2013, the French Government formally requested the opinion of the National Consultative Commission on Human Rights (CNCDH) in order to prepare its action plan for the implementation of the United Nations Guiding Principles on Business and Human Rights (UNGP). A National Action Plan (NAP) on Business and Human Rights was drafted to complement the National Action Plan on Corporate Social Responsibility.

It should be noted that in 2008, the CNCDH undertook research into the topic of human rights and business and the role of the state in ensuring respect for human rights.

A NAP was drawn up by an inter-ministerial group on the basis of recommendations issued by the CNCDH in 2013. It was analyzed, debated and supplemented by the multi-stakeholder CSR Platform, of which the CNCDH is a member, set up by the Prime Minister in June 2013 as a forum for dialogue and consultation involving various players in French society including representatives of businesses, employees, non-profit organizations, NGOs and multi-stakeholder structures, as well as public authorities including representatives of central administration, parliament, and local government.

The proposals of the CNCDH have been examined within the framework of interdepartmental working group consisting of:

  • The Ministry of Foreign Affairs and Development;
  • The Ministry of Economy;
  • The Ministry of Finance;
  • The Ministry of Labor;
  • The Ministry of the Environment; and
  • Chaired by the Ambassador in charge of Corporate Social Responsibility.

Stakeholder Participation

Multiple stakeholders were consulted in drafting the NAP. There were twelve meetings by stakeholder groups (between November 2015 and June 2016).

It was also the subject of work undertaken by the multi-stakeholder CSR Platform (see section above for details), which was called upon to give its views about the draft Action Plan concerning corporate social responsibility.

While civil society was consulted as well, many of the recommendations made by civil society organizations, such as Sherpa, have not been included in the NAP, and very few appear in the Annex as non-consensual proposals. This led to criticism by civil society, which stressed that this exclusively consensual approach undermines the regulatory role of the State, and lessens the efforts of civil society and trade unions to implement effective reforms called by the UNGP

National Baseline Assessment (NBA)

The government has not conducted a NBA as such, however some initial research conducted by CNCDH was taken into consideration during the drafting.

Follow-up, monitoring, reporting and review

The Plan includes a mechanism for monitoring and evaluating the recommendations. It expands the mandate of the CNCDH to allow it to monitor and evaluate the implementation of the National Action Plan for Human Rights and Business. Convinced that companies have an essential role in asserting human dignity, the CNCDH will work as an independent administrative authority, in line with the recommendation issued by the UN, to advise, monitor, and evaluate the government to accompany it in the construction of public policy.

Policy implementation will be evaluated through periodic reporting.

Stakeholders views and analysis on the NAP




Explore NAP by Issue

Children’s rights

I. The State’s Obligation to Protect Human Rights

The International Framework

5. The International Organisation of la Francophonie (OIF)

Actions to be Implemented [page 16]:

  • Work to enhance cooperation between the World Trade Organization (WTO) and ILO to better integrate international social standards on responsible production processes and methods (for example, targeting child labour and forced labour), in order to promote a level playing field that takes into account existing frameworks and regulations.

 

The National Framework

13. The Role of Public Agencies

The Agence Française de Développement (AFD) [page 28-29]

… The AFD considers human rights when selecting the projects it finances. Every year, it produces a corporate social responsibility report which mentions human rights in accordance with the ISO 26000 standard. It also has an exclusion list which prevents it from financing projects that involve forced labour, child labour, …

 

II – Businesses’ Responsibility to Respect Human Rights

3. Risk Analysis and Impact Assessment

Practical Tools Addressing Specific Issues [page 41]

  • ILO has created a business helpdesk providing questions and answers, resources and tools on issues connected with … child labour, etc.

 

III – Access to Remedy

2. Non-Judicial Mechanisms – At the National Level

2.5 The Defender of Rights [page 58]

… Lastly, the Defender of Rights can be called on whenever someone considers that a child’s rights are not being respected…

… This Defender of Rights replaces four previous entities: … the Defender of Children, …

Read more about Children’s rights

Conflict-affected areas

I – The State’s Obligation to Protect Human Rights

The International Framework

3. The Organisation for Economic Co-Operation and Development (OECD) [page 14]

… Lastly, France finances actions supporting the implementation of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. It is also very active in the working group developing a guide for the textile industry, following the recommendations of its NCP in this field.

 

The European Framework

7. The European Union (EU) [page 18]

… Following the proposal for a European regulation on the traceability of minerals from conflict zones,6 France supported an ambitious draft regulation on responsible supply chains for minerals in conflict zones and high-risk areas. The regulation on due diligence for conflict minerals was approved at a plenary session of the European Parliament in March 2017, following the political understanding announced by the Council in June 2016. France will work to ensure that it is correctly implemented and quickly evaluated so it can be reinforced if necessary …

 

The National Framework

13. The Role of Public Agencies

Actions Underway [page 30]

  • COFACE Government Guarantees and the Ministry of the Economy and Financeare currently examining whether to implement an IT module widening the scope of checks, to highlight at-risk industries or countries in the short, medium and long term. This would make it possible to check compliance with the UN Guiding Principles by reviewing all credit insurance operations and assessing human rights risks.

…

15. Economic Sectors and Human Rights [page 31]

Not only must the authorities promote and raise awareness of CSR standards, they must also require extra vigilance with respect to high-risk economic sectors, geographic areas and products.

The Extractive Sector [page 34]

…

  • France helps monitor and finance the implementation of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. This document is an international reference in the field of good practices for businesses seeking to identify and manage non-financial risks in their mineral supply chains (funding for armed groups and terrorism, human rights abuses, child labour, corruption, etc.).
  • France is also active at the EU level. For example, it took part in negotiations on the Conflict Minerals Regulation, which concluded on 22 November 2016. It played a key role in pushing through the adoption of Chapter 10 of the Accounting Directive of 26 June 2013, which requires companies in the extractive sector to report all payments to governments in the countries they operate in, broken down by country and by project. France was one of the first European countries to transpose this requirement.

…

Actions Underway 

  • France raises awareness among French businesses of their due diligence obligations with respect to mineral supply chains as set out in relevant regulatory initiatives (the OECD Due Diligence Guidance, the EU Conflict Minerals Regulation and national law on due diligence).

 

II – Businesses’ Responsibility to Respect Human Rights

Actions Underway

  • The French Ministry of Foreign Affairs and International Development issues advice for businesses operating in conflict zones and/or high-risk areas.

Read more about Conflict-affected areas

Construction sector

The French NAP does not make an explicit reference to the construction sector.

Read more about Construction sector

Corporate law & corporate governance

I – The State’s Obligation to Protect Human Rights

The International Framework

1. The United Nations (UN) [page 13]

… France also chairs the Group of Friends of Paragraph 47 of the Rio+20 Declaration. This group promotes sustainable development reporting to better ensure that economic actors respect social, environmental, good governance and human rights standards. This group successfully advocated for reporting to be reinforced and extended to all SDGs …

2. The International Labour Organization (ILO) 

France is second to just one other country in its ratification of ILO conventions. It has ratified 127 conventions, including the eight fundamental conventions and the four governance conventions (considered priority instruments). It regularly publishes reports on the enforcement of these conventions, which are submitted to the organization’s Committee of Experts on the Application of Conventions and Recommendations. The observations and recommendations of this committee are taken into account when revising national regulatory instruments and practices. France is committed to seeing ILO, a source of international labour laws, establish a shared reference standard based on a common interpretation of conventions. It actively supports the universal ratification process for ILO’s eight fundamental conventions. For several years, it has also underlined the need to reinforce the organization’s supervisory system.

France is one of ILO’s more active members and has a permanent seat on the organization’s Governing Body. It adheres to and promotes the Decent Work Agenda, and fully supports the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (the MNE Declaration). The country has signed a four-year partnership agreement with the International Labour Office, which involves implementing CSR initiatives and contributing to
the Better Work Programme.

4. The International Organization for Standardization (ISO) [page 15]

France actively contributed to work completed by ISO which resulted in the adoption of the ISO 26000 standard on social responsibility for businesses and organizations. This standard seeks to promote a common understanding of social responsibility, but cannot be used for certification. The ISO 26000 standard deals with seven core subjects, one of which is human rights …

… In addition, France steered work on the voluntary international standard ISO 20400, which provides guidance on sustainable procurement for organizations in the public and private sectors, through the French standardization organization AFNOR. This standard aims to establish a basic frame of reference to tackle the practices of social and environmental dumping. It was approved in late January, which paved the way for its publication.

Actions Underway [page 16]

  • France is participating in work carried out by the UN intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, which has been mandated to elaborate an international legally binding instrument, subject to the integration of parameters defined with our European Union partners, in order to ensure that the process respects the unanimity and integrity of the UN Guiding Principles (applicability to all businesses, consultation with businesses and integration of UN Guiding Principles).
  • Working with the Group of Friends of Paragraph 47 of the Rio+20 Declaration, France supports the reinforcement of reporting requirements in the environmental, social and governance fields, especially with respect to the implementation of the Sustainable Development Goals adopted on 25 September 2015.
  • France actively contributes to OECD activities in the field of responsible business conduct, particularly its work on due diligence (in the textile and finance sectors) and reinforcing the OECD Guidelines to mark their 40th anniversary (from June 2016 onwards).

Actions to be Implemented

  • Work to enhance cooperation between the World Trade Organization (WTO) and ILO to better integrate international social standards on responsible production processes and methods (for example, targeting child labour and forced labour), in order to promote a level playing field that takes into account existing frameworks and regulations.

 

The European Framework

7. The European Union (EU) [page 17]

France has played an important role in ensuring that these issues are high on the European agenda, particularly with respect to the adoption of the European directive on binding non-financial reporting, which France actively supported during negotiations.

It also promoted the inclusion of social, environmental and governance standards in trade and investment agreements. It helped to ensure that the conclusions of the Council of the EU under the Dutch Presidency were adopted, supporting the enforcement of the UN Guiding Principles on Business and Human Rights and their integration into development policy.

France could play a key role in the adoption of a common European framework on due diligence. The French National Assembly launched a parliamentary “green card” initiative to this effect.

Actions Underway

  • France has made human rights a requirement in non-financial reporting following the transposition of European Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups.
  • France is promoting the notion of due diligence at the European level to encourage the creation of a common framework based on the legislative framework adopted in France.
  • France has transposed the European Directive on trade secrets into national law, allowing businesses to protect trade secrets while assuring the necessary transparency of business activities and conduct, and the protection of whistleblowers acting in the public interest.

 

The National Framework

10. The Reinforcement of Legislation [page 23]

Recent public policies have led France to adopt new legislative measures supporting CSR.

  • For approximately ten years, French legislation has required all large companies to publish detailed information on their CSR policies. The 2001 Act on New Economic Regulations, otherwise known as the NRE Act, requires listed companies to disclose specific social and environmental information in their management reports. The Act of 12 July 2010, also referred to as the Grenelle II Act, reinforced transparency requirements in two ways:
    • Under Article 224 of this act, the annual reports of asset management companies must mention the ways in which their investment policies take into
      account environmental, social and governance criteria.
    • Under Article 225 of this act and the decree of 24 April 2012, companies must provide more detailed information, non-listed companies that exceed thresholds (for example, the threshold of 500 employees) must respect transparency obligations, 11 and independent third parties must check the
      information published.
  • Articles 70-IV and 173-IV of the Act on Energy Transition for Green Growth of 17 August 2015 extended reporting requirements by introducing the concept of the circular economy and asking companies to provide information on how the use of their goods and services affected climate change. An implementing decree was adopted in August 2016 to clarify these obligations.

France also played a key role in developing transparency obligations for companies at the European level. It was the main supporter of the draft directive on non-financial reporting obligations, published on 22 October 2014, which requires large European listed companies to publish reports on their social, environmental, human rights and corruption policies. France encouraged the European Commission to take an ambitious approach when adopting the guidelines discussed in the directive. The directive is currently in the final stages of being transposed into French law. This will reinforce existing non-financial reporting requirements for companies.

  • In the development field, the Act of 7 July 2014 on France’s strategy for development and international solidarity states that policy in this field must take into account “the social and environmental responsibility of public and private actors”. In addition, “France shall promote this requirement to partner countries and other donors”.
  • Furthermore, “It shall also encourage businesses with their headquarters in France and with offices abroad to implement the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights”. Also under this act, “Companies shall implement risk management procedures to identify, prevent or mitigate social, health and environmental damage and human rights abuses that may arise as a result of their operations in partner countries”.
  • The Act of 21 July 2014 defined the scope of the social and solidarity economy (SSE) for the first time. The notion of an SSE enterprise now covers
  • traditional actors (nonprofit organizations, mutual societies, cooperatives, and foundations) as well as new forms of social enterprise (commercial companies which pursue socially useful goals and decide to adopt SSE principles). Under this definition, the SSE represents 10% of GDP and 2.3 million employees. After the Rana Plaza tragedy, France wished to give consumers the ability to check manufacturing conditions for goods sold in France by distributers, manufacturers and producers. Article 93 of the SSE Act, which discusses transparency obligations with respect to the social conditions of a product’s manufacture, entered into force on 1 August 2014.
  • Article 13 of the SSE Act seeks to ensure that more public purchases are made from socially responsible businesses (many of which are part of the SSE) and that better use is made of social clauses in procurement contracts. It states that, if a maximum annual procurement amount is exceeded, contracting authorities must adopt schemes promoting socially responsible purchases. This article came into force on 1 February 2015 (Decree of 28 January 2015).
    • Article 11 of the SSE Act creates a “socially useful solidarity-based enterprise” accreditation which is awarded to businesses with high social standards so they can attract private financing from socially minded investors, particularly solidarity-based employee savings. This article came into force in the first quarter of 2015 after the Conseil d’Etat (Council of State) issued a decree to this effect.
  • An act on a duty of vigilance for parent companies and outsourcing companies was promulgated on 27 March 2017. Under this act, companies that employ more than 5,000 employees in France, or more than 10,000 employees in France and abroad, must draft and implement due diligence plans. Plans must set out reasonable measures to identify risks and prevent serious abuse of human rights, fundamental freedoms, health, personal safety and the environment, arising as a result of the operations of the company, of companies under its direct or indirect control, or of subcontractors and suppliers with which it has well-established commercial relationships.

13. The Role of Public Agencies 

The Agence Française de Développement (AFD)

… Also pursuant to Article 8, the AFD must incorporate social responsibility into its governance system and operations. It must implement measures to evaluate and control the environmental and social risks of the operations it finances, and to promote the financial transparency of businesses involved in these operations, country by country. Its annual report must mention the ways in which it addresses social responsibility requirements …

15. Economic Sectors and Human Rights

The Extractive Sector [page 34]

… France’s actions in [the extractive sector] focus on multilateral and European initiatives reinforcing the legal and regulatory framework for businesses working in the extractive sector, especially in regions with fragile governance systems …

 

II – Businesses’ Responsibility to Respect Human Rights

6. Reporting [page 44]

Businesses must monitor the human rights measures they adopt and disclose on theirinitiatives in this field.

Under European Directive 2014/95/EU, human rights will become one of the pillars of CSR. This position will be reflected in French reporting requirements when the directive is transposed into national law. It should be noted that human rights reporting is already a requirement under the regulatory provisions of the Commercial Code. Decree 2012-557 of 24 April 2012 on the social and environmental transparency obligations of businesses places human rights on an equal footing with other issues.

Actions Underway:

  • France is continuing to implement monitoring indicators and communicate with external stakeholders on business commitments and enforcement under the UN Guiding Principles on Business and Human Rights.

Actions to be Implemented:

  • Implement provisions to help transpose the European Directive on non-financial reporting into French law.

Read more about Corporate law & corporate governance

Corruption

I- The State’s Obligation to Protect Human Rights

The National Framework

10. The Reinforcement of Legislation [page 23]

… France also played a key role in developing transparency obligations for companies at the European level. It was the main supporter of the draft directive on non-financial reporting obligations, published on 22 October 2014, which requires large European listed companies to publish reports on their social, environmental, human rights and corruption policies. France encouraged the European Commission to take an ambitious approach when adopting the guidelines discussed in the directive. The directive is currently in the final stages of being transposed into French law. This will reinforce existing non-financial reporting requirements for companies …

11. The Inter-Ministerial Exemplary Administration Action Plan and the National Action Plan for Sustainable Public Procurement

Public Procurement Policy [page 25]

The new legal framework for public procurement gives purchasers several ways of addressing social and environmental impacts. Having transposed Article 57 of Directive 2014/24/EU of 26 February 2014 on public procurement, French law now states that public contracts may not be awarded to economic operators that have been found guilty of fraud, corruption or the trafficking or exploitation of human beings (Article 45 of Ordinance 2015-899).

The Extractive Sector [page 34]

… France helps monitor and finance the implementation of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. This document is an international reference in the field of good practices for businesses seeking to identify and manage non-financial risks in their mineral supply chains (… corruption, etc.).

 

II- Businesses’ Responsibility to Respect Human Rights

3. Risk Analysis and Impact Assessment

Existing Tools and Responsible Practices – At the European level [page 42]

…

  • The Business Anti-Corruption Portal for recruitment agencies, oil and gas industries and ICT.

…

5. Employee Representatives [pg. 43]

… A number of different laws contain provisions on whistleblowers: Article L 1161-1 of the Labour Code applies to corruption;

 

III – Access to Remedy

1. Judicial Mechanisms – At the National Level

1.4 Proceedings

The Jurisdiction of French Courts to Hear Criminal Matters [page 49]

Generally speaking, unless otherwise stipulated in legislation, companies and legal entities are liable for the criminal offences they commit, provided that these offences can be attributed to one of the company’s “organs” or representatives, and the offences were committed on their behalf.

More specifically, French legislation is strict in combating human rights violations by legal entities. Under French law, it is a criminal offence for companies to engage in activities that breach … equality laws (… corruption) …

1.6 Whistleblower Rights [page 53]

The Act 2016-1691 of 9 December 2016 on transparency, fighting corruption and modernizing the economy replaced earlier sector-specific provisions on whistleblowers. Under the new Act, a single framework was created to protect whistleblowers who now share a common status regardless of the field concerned.

Read more about Corruption

Data protection & privacy

II. Business’s Responsibility to Respect Human Rights

The International Framework

5. Employee Representatives [page 43]

… The act on job security [Act of 14 June 2013] has several additional provisions for improving the information given to employees and reinforcing social dialogue in businesses and groups. Works councils must now be consulted on companies’ strategic goals…To prepare this consultation, databases must be created for employee representatives to assemble all useful information that is regularly communicated to works councils. Information must be kept up-to-date and have a forward-looking focus based on data and trends for the next three years. Employee representatives given access to companies’ sensitive and strategic data must comply with strict confidentiality requirements …

 

III. Access to Remedy

Judicial Mechanisms

1.4. Proceedings

Collective actions [page 51]

… Given the different fields of application mentioned in the bill, collective actions will become a tool allowing plaintiffs to stop or remedy discrimination in the labour field and elsewhere including with respect to the provision of services, accommodation, transport, etc. Collective actions will also be possible in the environmental, health, and personal data protection fields.

Read more about Data protection & privacy

Development finance institutions

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

Read more about Development finance institutions

Energy sector

THE NATIONAL FRAMEWORK

10. THE REINFORCEMENT OF LEGISLATION

Articles 70-IV and 173-IV of the Act on Energy Transition for Green Growth of 17 August 2015 extended reporting requirements by introducing the concept of the circular economy and asking companies to provide information on how the use of their goods and services affected climate change. An implementing decree was adopted in August 2016 to clarify these obligations. – page 23  

Read more about Energy sector

Environment & climate change

The French NAP includes a large number of references to the environment and climate change. A number of these include:

I. The State’s Obligation to Protect Human Rights

Introduction [page 12]

France helps reinforce human rights and social and environmental standards at the national, European and international levels, offering constitutional, legislative and regulatory protections …

 

The International Framework

4. The International Organization for Standardization (ISO) [page 15]

… France steered work on the voluntary international standard ISO 20400, which provides guidance on sustainable procurement for organizations in the public and private sectors, through the French standardization organization AFNOR. This standard aims to establish a basic frame of reference to tackle the practices of social and environmental dumping. It was approved in late January, which paved the way for its publication.

5. International Organisation of La Francophonie

At their 12th summit in Quebec in October 2008, OIF [International Organisation of La Francophonie] Heads of State and Government formally undertook to “promote social/societal and environmental corporate responsibility, in particular by encouraging the companies from La Francophonie Member States to adhere to the relevant instruments and international standards and principles, as well as by promoting their harmonization.”

France therefore supports social and environmental corporate responsibility, as stated in the final declarations of the 2008 and 2014 summits. The OIF could be encouraged to cooperate with national consultative human rights commissions on these issues.

Actions underway [page 16]

  • Working with the Group of Friends of Paragraph 47 of the Rio+20 Declaration, France supports the reinforcement of reporting requirements in the environmental, social and governance fields, especially with respect to the implementation of the Sustainable Development Goals adopted on 25 September 2015.
  • As outlined in the UN Guiding Principles, France encourages embassies to be vigilant with respect to the human rights and environmental performances of French economic actors. In particular, the French Ministry of Foreign Affairs and International Development has sent the CSR guide to all diplomatic posts since 2015.

…

Actions to be implemented

  • Implement the UN Guiding Principles in the battle against climate change, following commitments made during COP 21.

 

The European Framework

7. European Union (EU) [pages 17-18]

… [France has] promoted the inclusion of social, environmental and governance standards in trade and investment agreements …

8. Trade and Investment Agreements [page 19]

… As for the National CSR Platform, [the National Consultative Commission on Human Rights (CNCDH)] issued the following recommendations:

  • Ensure social and environmental clauses are included and respected under these agreements

…

European trade agreements incorporate CSR [Corporate Social Responsibility] and adherence to international conventions on labour and the environment. EU free trade agreements all include sustainable development chapters, which contain provisions on labour law and environmental protection. These chapters also refer to CSR. Provisions mainly reiterate key existing multilateral agreements (for example, ILO’s fundamental conventions in the labour field and multilateral environmental agreements in the environmental field). They also set out cooperation mechanisms for the parties in order to support progress in these fields. Sustainable development chapters in EU free trade agreements and investment agreements contain two further important provisions: one prevents parties to the agreement from lowering social and environmental standards to promote trade and attract investments; the other confirms States’ right to regulate in the social and environmental fields.

…

From the French perspective, addressing these issues in free trade agreements results in a number of weaknesses:

…

  • Secondly, although trade agreements include social and environmental standards and human rights clauses taken from the main international texts on labour laws and the environment, international organizations (the UNDP, ILO, etc.) are not involved in negotiations, despite the fact they carefully monitor the implementation of these texts (through regular reports by State parties, etc.). Instead, in trade agreements, a committee meeting at least once per year is charged with monitoring the implementation of sustainable development chapters. Civil society (NGOs and nonprofit organizations) can also act as whistleblowers if these regulations are breached, although this power is not institutionalized. Discussions with civil society are generally formalized by way of an annual forum or consultative committee bringing together stakeholders from different backgrounds.

…

To respect human rights and support responsible practices, social and environmental costs must be included in cost prices. The EU condemns social and environmental dumping and selling at a loss. France must encourage the international bodies to which it is party to implement measures guaranteeing fair and undistorted competition.

In 2013, France issued a number of proposals to improve the way in which social and environmental standards were addressed in European trade agreements. These proposals are still relevant.

These proposals focus on five main areas:

  1. Improving cooperation with international organizations working in the labour and environmental protection fields (ILO, UNDP, UNEP, etc.). Some of these organizations, particularly UN organizations, are running cooperation projects in countries currently negotiating trade agreements with the EU. Some of these cooperation activities are oriented in such a way that they directly support the social and environmental goals set down in agreements. This is the case for some countries that have just concluded trade agreements or countries benefitting from Europe’s Generalised Scheme of Preferences (GSP).
  2. Improving the evaluation of sustainable development chapters through rigorous impact assessments. These impact assessments must provide a clear overview of social and environmental standards in countries negotiating agreements with the EU. France has completed a major revision of the European manual used to write these impact assessments. This could lead to progress in the field.
  3. Giving civil society more power to monitor these chapters. In addition to the annual forums currently planned by the European Commission, European trade agreements could give civil society (NGOs and trade unions) a formal “whistleblower” role, denouncing breaches of social and environmental standards. The Commission has decided not to look further into this option at this stage.

…

Actions Underway [pages 21-22]

  • France, working with other European partners who support this initiative, is building on proposals made to the previous European Commission (in March 2013) to reinforce social and environmental standards in free trade agreements and monitor their enforcement.

…

 

The National Framework

9.  The Protection of Human Rights and the Environment Constitutional Guarantees [page 22-23]

… The charter [Charter for the Environment, 2004, France Constitution] acknowledges a number of rights, including “the right to live in a balanced environment which shows due respect for health” (Article 1), the obligation for public policies to “promote sustainable development” and “reconcile the protection and enhancement of the environment with economic development and social progress” (Article 6), the right to “have access to information pertaining to the environment” and to “participate in the public decision-taking process likely to affect the environment” (Article 7), as well as the principles of precaution and prevention in the environmental field …

10. The Reinforcement of Legislation [pages 23-24]

Recent public policies have led France to adopt new legislative measures supporting CSR.

  • For approximately ten years, French legislation has required all large companies to publish detailed information on their CSR policies. The 2001 Act on New Economic Regulations, otherwise known as the NRE Act, requires listed companies to disclose specific social and environmental information in their management reports. The Act of 12 July 2010, also referred to as the Grenelle II Act, reinforced transparency requirements in two ways:
    • Under Article 224 of this act, the annual reports of asset management companies must mention the ways in which their investment policies take into account environmental, social and governance criteria …
  • Articles 70-IV and 173-IV of the Act on Energy Transition for Green Growth of 17 August 2015 extended reporting requirements by introducing the concept of the circular economy and asking companies to provide information on how the use of their goods and services affected climate change. An implementing decree was adopted in August 2016 to clarify these obligations.

France also played a key role in developing transparency obligations for companies at the European level. It was the main supporter of the draft directive on non-financial reporting obligations, published on 22 October 2014, which requires large European listed companies to publish reports on their social, environmental, human rights and corruption policies. France encouraged the European Commission to take an ambitious approach when adopting the guidelines discussed in the directive. The directive is currently in the final stages of being transposed into French law. This will reinforce existing non-financial reporting requirements for companies.

  • In the development field, the Act of 7 July 2014 on France’s strategy for development and international solidarity states that policy in this field must take into account “the social and environmental responsibility of public and private actors”. In addition, “France shall promote this requirement to partner countries and other donors”. Furthermore, “It shall also encourage businesses with their headquarters in France and with offices abroad to implement the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights”. Also under this act, “Companies shall implement risk management procedures to identify, prevent or mitigate social, health and environmental damage and human rights abuses that may arise as a result of their operations in partner countries”.
  • An act on a duty of vigilance for parent companies and outsourcing companies was promulgated on 27 March 2017. Under this act, companies that employ more than 5,000 employees in France, or more than 10,000 employees in France and abroad, must draft and implement due diligence plans. Plans must set out reasonable measures to identify risks and prevent serious abuse of human rights, fundamental freedoms, health, personal safety and the environment, arising as a result of the operations of the company, of companies under its direct or indirect control, or of subcontractors and suppliers with which it has well-established commercial relationships.

…

11. The Inter-Ministerial Exemplary Administration Action Plan and the National Action Plan for Sustainable Public Procurement [page 25]

On 17 February 2015, the Prime Minister issued instructions concerning the 2015-2020 Inter-ministerial Exemplary Administration Plan, on the basis of which each ministry was requested to draw up its own exemplary administration plan. These plans must outline initiatives to be implemented by 2020 in the fields of energy saving, sustainable mobility, resource consumption, waste reduction and biodiversity preservation. They may also address social and societal impacts as part of their focus on social and environmental responsibility …

Public Procurement Policy [page 25-26]

… The National Action Plan on Sustainable Public Procurement seeks to help the State, local government and hospitals make sustainable purchases as per Ordinance 2015-899 of 23 July 2015 and Decree 2016-360 of 25 March 2016 on public procurement …

… The new legal framework for public procurement gives purchasers several ways of addressing social and environmental impacts. Having transposed Article 57 of Directive 2014/24/EU of 26 February 2014 on public procurement, French law now states that public contracts may not be awarded to economic operators that have been found guilty of fraud, corruption or the trafficking or exploitation of human beings (Article 45 of Ordinance 2015- 899). Article 59 of Decree 2016-360 obliges public purchasers to reject bids that do not comply with applicable laws, particularly in the social and environmental fields. Transposing Article 69 of the above mentioned directive, the decree also enables purchasers to reject tenders that are abnormally low because they do not respect applicable environmental, social and labour obligations established by French law, European law, collective agreements or by international environmental, social and labour law provisions (Article 53 of the above mentioned ordinance and Article 60 of the above mentioned decree). This also applies to subcontractors (Article 62 of the above mentioned ordinance and Article 133 of the above mentioned decree). Finally, over and above the analysis of tenders, Article 18 of Directive 2014/24 requires Member States to “take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by (…) international environmental, social and labour law provisions.”

Actions Underway [page 26]

  • The State is committed to ensuring that businesses in which it holds shares respect human rights and the environment.

…

13. The Role of Public Agencies 

Compagnie Française d’Assurance pour le Commerce Extérieur (COFACE) [page 27]

The French export credit agency COFACE, which provides guarantees on behalf of the State, systematically applies the Recommendations of the OECD Council on Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence (the “Common Approaches”), most recently negotiated in 2012 by the OECD Export Credits Group …

The Agence Française de Développement [page 28-29]

As mentioned above, pursuant to Article 8 of the French Act of 7 July 2014 France’s strategy for development and international solidarity, the development and international solidarity policy must take into account the social and environmental responsibility of public and private actors. Furthermore, companies must implement risk management procedures to identify, prevent or mitigate social, health and environmental damage and human rights abuses that may arise as a result of their activities in partner countries.

…

Currently, the AFD does not apply Article 5 of Chapter III of the Act on France’s strategy for development and international solidarity, in particular the requirement to implement measures promoting the financial transparency of businesses involved in operations, country by country. Instead, the financial operators and private sector actors with which the AFD Group and PROPARCO work are encouraged to disclose information on their turnover, profits, employee numbers and taxes paid in each country they are based in. This measure, called “country-by-country reporting”, is already compulsory for European banks.

Actions Underway [page 30]

  • COFACE is continuing efforts to make information on reasonable due diligence in the social and environmental fields (which include human rights) visible and accessible on its website.
  • The AFD has implemented a grievance management mechanism to deal with environmental and social complaints.
  • The AFD is reinforcing CSR and human rights criteria in 80% of pending public works contracts with high social and environmental impacts.

…

14. Reinforced Risk Analysis and Information [page 31]

… On 8 July 2002, France ratified the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. This convention seeks to ensure that everyone is able to receive information, participate in decision-making and access justice in the environmental field. As stated in the preamble, “adequate protection of the environment is essential to human well-being and the enjoyment of basic human rights(…).” …

Actions to be Implemented

  • Provide training, particularly to staff of the State and local government, on human rights and environmental obligations for businesses (in business schools, engineering schools, the judiciary, etc.).

…

15. Economic Sectors and Human Rights

The Agricultural and Food Sector – Actions Underway [page 32]

  • Recommendations in the Guide to Ex-Ante Analysis of Agricultural Investment Projects that Affect Land and Property Rights are being integrated into the AFD’s due diligence procedures in the land, social and environmental fields.

…

The Extractive Sector [page 34]

Extractive industries are often considered opaque and at high risk of environmental and human rights abuses. As such, they are subject to heightened due diligence measures and initiatives seeking to address sector-specific risks …

… Implementing the EITI [Extractive Industry Transparency Initiative] will help reinforce the transparency of financial flows and support dialogue between businesses, the State and civil society addressing the extractive sector’s social and environmental impacts on national territories.

The Financial Sector – Actions Underway [page 36]

  • France is examining whether to extend environmental, social and governance reporting requirements for institutional investors in Europe to cover human rights.

…

 

II- Business’ Responsibility to Respect Human Rights

Introduction [page 37]

… In March 2015, the National CSR Platform agreed on the following points with respect to due diligence:

Parent companies and outsourcing companies should undertake due diligence (which some considered should be voluntary and reasonable, and which others considered should be compulsory) with respect to subsidiaries and subcontractors in order to improve human rights and environmental risk prevention.

This due diligence could include the following measures:

  • Defining the operational content of reasonable due diligence processes for companies in due diligence plans. These plans would distinguish between subsidiaries and subcontractors given the different due diligence processes applicable to each of these cases. The goal of these plans would be to identify and prevent human rights and environmental risks resulting from business operations. The French NCP’s work on the textile and garment sector could be a useful reference. Parent companies and outsourcing companies would have to disclose the due diligence processes they implement, in compliance with the European directive on non-financial reporting.

…

4. International Framework Agreements [page 42]

An international framework agreement is an instrument negotiated between a multinational enterprise and a global union federation. It defines the rights of those working for the group’s subsidiaries and subcontractors around the world, as well as the social and environmental standards the parties wish to comply with. Generally, the agreement includes a monitoring mechanism involving trade union participation. International framework agreements enable businesses to make international commitments to human rights by working with employees and trade unions and respecting the same standards in all the countries they operate in. Businesses should be encouraged to conclude such agreements …

5. Employee Representatives [page 43]

… Under current legislation, judges sitting on interim matters can rule on the admissibility of claims by stakeholders outside of the company (in other words, they can name these stakeholders “interested parties” in specific circumstances). A number of different laws contain provisions on whistleblowers: Article L 1161-1 of the Labour Code applies to corruption; Article L 5312-4-2 of the Public Health Code applies to the safety of certain health products; Article L 1351-1 of the Public Health Code and Articles L 4133-1 et seq. of the Labour Code apply to serious public health and environmental risks; Article 25 of the Act of 11 October 2003 applies to conflicts of interest; and Article L 1132-3-3 of the Labour Code applies to tax fraud and serious economic and financial crime …

6. Reporting [page 44]

… Under European Directive 2014/95/EU, human rights will become one of the pillars of CSR. This position will be reflected in French reporting requirements when the directive is transposed into national law. It should be noted that human rights reporting is already a requirement under the regulatory provisions of the Commercial Code. Decree 2012-557 of 24 April 2012 on the social and environmental transparency obligations of businesses places human rights on an equal footing with other issues.

 

III. Access to Remedy 

Introduction [page 46]

In its 2013 opinion, the CNCDH made the following recommendations:

  • The CNCDH recommends that consideration be given to the possibility of extending the exception to the principle of legal independence of companies, which is currently limited to environmental issues, to the field of human rights.
  • Drawing inspiration from the duty to protect and remedy in the environmental sphere, the CNCDH recommends that a duty of vigilance on the part of the parent company with regards to its subsidiaries be legally imposed with the aim of preventing any violations of human rights that might occur over the course of its activities.

…

 

1. Judicial Mechanisms – At the National Level

1.4. Proceedings

The jurisdiction of French courts to hear criminal matters [page 49]

… French legislation is strict in combating human rights violations by legal entities. Under French law, it is a criminal offence for companies to engage in activities that breach people’s rights (violations of human dignity, working conditions that violate human dignity, forced labour), equality laws (gender discrimination, anti-union discrimination, denying the freedom to work, corruption), environmental laws (pollution), or social, health and safety laws (hindering organizations representing employees, concealed work, involuntary injuries or death due to workplace accidents) …

Collective Actions [page 51]

In its opinion dated 24 October 2013, the CNCDH recommended “extending collective action, to matters relating to the environment and health in particular. It is also essential that any French or foreign individual or legal entity residing in France or abroad be able to get involved in any collective action initiated against a French company.”…

… Given the different fields of application mentioned in the bill, collective actions will become a tool allowing plaintiffs to stop or remedy discrimination in the labour field and elsewhere, including with respect to the provision of services, accommodation, transport, etc. Collective actions will also be possible in the environmental, health, and personal data protection fields.

 

2. Non-Judicial Mechanisms – At the International Level

2.1 The OECD National Contact Point (NCP) [page 54]

… NCPs are set up to promote and monitor compliance with the OECD Guidelines for Multinational Enterprises. They are non-judicial dispute resolution bodies that support remedial measures by offering their good offices and, where possible, giving parties access to mediation. Successful remedial measures rely on an environment of trust being established between the parties and constructive dialogue being initiated between the parties and the NCP, to improve compliance with OECD recommendations.

France’s NCP is tripartite, involving government, trade union and business representatives. This structure was praised by OECD Watch in its report “Remedy Remains Rare” (June 2015). Since the French NCP was created, the State’s involvement has enabled it to adopt a balanced multi-sectorial and inter-ministerial model that is relatively unique among its peers. Its members include representatives of the Ministry of the Economy and Finance, the Ministry of the Environment, the Ministry of Social Affairs, Labour and Employment, and the Ministry of Foreign Affairs and International Development. Another unique feature of the French NCP is its broad representation of labour groups, with six national trade unions featuring among its members. The employers’ organization MEDEF represents French businesses. The French NCP’s decisions are all consensual …

Read more about Environment & climate change

Equality & non-discrimination

II. The State’s Obligation to Protect Human Rights

The European Framework

8. Trade and Investment Agreements [page 30]

… ISDS [investor-State dispute settlement] makes it possible to obtain rulings against States that do not respect their commitments (for example, due to discrimination on the basis of gender, religion, nationality, etc.) …

Actions Underway:

  • The AFD [The Agence Française de Développement] is working to reduce gender inequality in AFD-funded operations.

…

 

II. Business’ Responsibility to Respect Human Rights

3. Risk Analysis and Impact Assessment

Practical tools addressing specific issues [page 41]

  • ILO has created a business helpdesk providing questions and answers, resources and tools on issues connected with … discrimination …

…

 

III. Access to Remedy

1. Judicial Mechanisms – At the National Level

1.4 Proceedings

The jurisdiction of French courts to hear criminal matters [page 49]

… More specifically, French legislation is strict in combating human rights violations by legal entities. Under French law, it is a criminal offence for companies to engage in activities that breach … equality laws (gender discrimination, anti-union discrimination, denying the freedom to work, corruption) …

Collective Actions [page 51]

… Given the different fields of application mentioned in the bill, collective actions will become a tool allowing plaintiffs to stop or remedy discrimination in the labour field and elsewhere…

 

2. Non- Judicial Mechanisms – At the National Level

2.5 The Defender of Rights [page 58]

… Any individual or legal entity can call on the Defender of Rights when they consider that they have been discriminated against or when they observe public or private representatives of law and order (police officers, customs officers, security guards, etc.) engaging in improper conduct …

… Given the Defender of Rights’ jurisdiction over discrimination-related matters, he/she plays a role in dealing with cases and mediation proceedings concerning CSR.

2.6 Grievance Mechanisms in Companies [pages 58-59]

Pursuant to UN Guiding Principle 29, “To make it possible for grievances to be addressed early and remediated directly, business enterprises should establish or participate in effective operational-level grievance mechanisms for individuals and communities who may be adversely impacted”, companies establish their own grievance mechanisms …

In practice, grievance mechanisms in companies are generally: …

  • Mechanisms dealing with specific issues: harassment, discrimination, specific activities or specific countries

Read more about Equality & non-discrimination

Export credit

I – The State’s Obligation to Protect Human Rights

The National Framework

13. The Role of Public Agencies (pg 27)

The NAP recalls the CNCDH’s 2013 recommendation regarding France’s export credit agency COFACE, namely the establishment of human rights due diligence procedures including exhaustive human rights impact assessments, better transparency and information, and better civil society and affected stakeholders participation. It also recalls the CSR Platform’s recommendation for the development agency AFD and the export credit agency COFACE to reinforce their due diligence procedures and to establish grievance mechanisms.

Compagnie Française d’Assurance pour le Commerce Extérieur (COFACE) [page 28]

The French export credit agency COFACE, which provides guarantees on behalf of the State, systematically applies the Recommendations of the OECD Council on Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence (the “Common Approaches”), most recently negotiated in 2012 by the OECD Export Credits Group. These recommendations cover all types of credit insurance transactions with a repayment term of more than two years, and require reasonable due diligence to be undertaken to ensure that each project complies with host country regulations and the international standards of the World Bank and International Finance Corporation (IFC). The Common Approaches establish strict common standards for OECD countries, and are more ambitious than the UN Guiding Principles as they require detailed due diligence determining project impacts on human rights. They also provide for the quarterly publication of a list of projects guaranteed for more than €10 million, and the publication of data on highimpact projects on the websites of credit agencies one month prior to transactions taking place. Discussions with civil society are held regularly at the OECD. Detailed impact assessments must be completed before COFACE awards government guarantees to projects likely to have major impacts on CSR (pollution, population movements, etc.), especially human rights. The inter-ministerial guarantee commission based at the Ministry of the Economy and Finance, which authorizes COFACE to allocate public funding on behalf of the State, also examines these requirements. Impact assessments are published on COFACE’s government guarantees website, and COFACE may request to visit industrial sites while carrying out due diligence or during the guarantee period. These analyses generally result in the inclusion of specific suspensive conditions (financial covenants) and detailed action plans to manage human rights impacts during the credit period. The OECD Common Approaches only apply to credit insurance transactions of more than two years. Businesses that request government guarantees from COFACE are systematically given information on the OECD Guidelines. When applying for credit insurance, businesses must confirm they have read and understood the OECD Guidelines.
A group of technical experts from export credit agencies has been mandated by the OECD Export Credits Group to work on the implementation of the Common Approaches, particularly in the field of human rights.

The Agence Française de Développement (AFD) [page 28-29]

Regarding the development agency AFD, the NAP recalls the 7 July 2014 law on orientation and programming related to development and international solidarity policies, through which “development and international solidarity policies must integrate the social and environmental responsibility of public and private actors”, and “the AFD integrates societal responsibilities in its governance and actions”.  The AFD also issues a yearly “organization social responsibility” report which covers human rights issues in accordance with ISO26000, and has established a list of exclusions which prohibits the funding of projects implying forced labour, child labour, grave environmental damage, destruction of cultural heritage, diffusion of discriminatory or anti-democratic messages and diamond mining activities conducted outside of the Kimberley Protocol. Diligence obligations and mandatory respect of ILO Core Conventions are integrated to financing agreements, and social risks are assessed in light of internationally recognized human rights standards. The AFD established a social responsibility action plan for 2014-2016, aiming to strengthen transparency, stakeholder consultations and the publication of project informations, among other . For high risk projects, the AFD demands that developers set up a grievance mechanisms, and the AFD and Proparco (a subsidiary of AFD devoted to private sector funding) are developing a grievance mechanism for social and environmental complaints. The AFD is strengthening CSR requirements in public works contracts, and has reinforced its rules and procedures to assess social and environmental impacts of each projects by aligning it to the World Bank’s safeguards. Finally the NAP indicates that article 5, part 3 of the 7 July 2014 law on orientation and programming related to development and international solidarity policies regarding financial transparency country by country is currently not being applied in France.

Actions Underway [page 30]

  • COFACE Government Guarantees and the Ministry of the Economy and Finance are currently examining whether to implement an IT module widening the scope of checks, to highlight at-risk industries or countries in the short, medium and long term. This would make it possible to check compliance with the UN Guiding Principles by reviewing all credit insurance operations and assessing human rights risks.
  • COFACE is continuing efforts to make information on reasonable due diligence in the social and environmental fields (which include human rights) visible and accessible on its website.
  • When evaluating extractive industry projects, the AFD ensures that funding recipients comply with the Extractive Industries Transparency Initiative (EITI),
    without excluding those who respect EITI standards but are not based in EITI countries.
  • The AFD supports the implementation of universal social protection and the promotion of initiatives to develop decent work (the creation of decent jobs, skills upgrading, training and the transition towards sustainable employment) in accordance with the AFD’s partnership with the International Labour Office and the priority areas in the ILO-France partnership agreement.
  • The AFD has implemented a grievance management mechanism to deal with environmental and social complaints.
  • The AFD is reinforcing CSR and human rights criteria in 80% of pending public works contracts with high social and environmental impacts.
  • The AFD is working to reduce gender inequality in AFD-funded operations.
  • The AFD is reinforcing the human rights focus of social clauses.
  • The AFD seeks to ensure that this policy regarding “non-cooperative jurisdictions” is respected.

Actions to be implemented:

  • Allocate the resources necessary to raise business awareness of the OECD Guidelines in AFD- and COFACE-funded operations.
  • Make AFD funding for businesses conditional on implementing or undertaking to implement non-financial reporting and a CSR due diligence plan for projects, or on the enforcement of host country or international standards.

Read more about Export credit

Extractives sector

I- The State’s Obligation to Protect Human Rights

The National Framework

13. The Role of Public Agencies

The Agence Française de Développement (AFD) [page 28]

… [AFD] also has an exclusion list which prevents it from financing projects that involve … diamond mining activities outside of the Kimberley Process.

Actions Underway: 

  • When evaluating extractive industry projects, the AFD ensures that funding recipients comply with the Extractive Industries Transparency Initiative (EITI), without excluding those who respect EITI standards but are not based in EITI countries.

15. Economic Sectors and Human Rights

The Extractive Sector [page 34]

the NAP cites France’s participation in multilateral and european initiatives aiming to strengthen the legal and normative frameworks regulating companies in the extractive sector, in particular in contexts of fragile governance: France participates in the monitoring and contributes to the funding of the implementation of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (paragraph 3, p36); France participated in the development and adoption of the OECD Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector (paragraph 4,p36); it played a major role at the EU in negotiations regarding the regulation on conflict minerals and was one of the first European countries to transpose the 26 June 2013 directive imposing obligations of transparency on extractive companies (paragraph 5,p36); and France’s President committed to adhere to the EITI (paragraph 1, p36). This section concludes by indicating that the implementation of the EITI will “contribute to enhancing the transparency of financial flows and tripartite dialogue between the State, business and civil society on the social and environmental impact of extractive activity on the national territory” (paragraph 2, p37).

Actions Underway

  • France has launched an ambitious process to become an EITI country.
  • France raises awareness among French businesses of their due diligence
    obligations with respect to mineral supply chains as set out in relevant regulatory
    initiatives (the OECD Due Diligence Guidance, the EU Conflict Minerals Regulation and
    national law on due diligence).

Read more about Extractives sector

Extraterritorial jurisdiction

I- The State’s Obligation to Protect Human Rights

The International Framework

1. The United Nations (UN) [page 12]

Most international CSR standards refer to the UN instruments that are part of what is known as the “International Bill of Human Rights”, … Under this charter, States have an obligation to protect all human rights, which are considered indivisible (see the Vienna Declaration of 1993), in their home territories and abroad.

Actions Underway [page 16]

  • The French Government and French businesses are committed to addressing their actions’ adverse impacts on populations in regions in which they operate, in France and abroad, in accordance with the country’s obligation to provide protection under the ICESCR.

 

The European Framework

6. The Council of Europe [page 17]

The NAP cites article 13 of Recommendation CM/Rec(2016)3 on human rights and business of March 2016: “Member States should (…) apply such measures as may be necessary to require, as appropriate, business enterprises domiciled in their jurisdiction to respect human rights throughout their operations abroad;(…)” .

10. The Reinforcement of Legislation [page 23]

The NAP cites the 7 July 2014 law on orientation and programming related to development and international solidarity policies, through which France “shall also encourage businesses with their headquarters in France and with offices abroad to implement the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights”.

Actions to be Implemented [page 33]

  • Ensure the [Voluntary Guidelines on the Responsible Governance of Tenure of Land] VGGT and [the Principles of Responsible Investment in Agriculture and Food Systems] RAI are respected by French economic actors abroad. Training on the implementation of these principles and directives will be offered to government employees (in embassies and economic services) and agencies.

 

III- Access to Remedy

Introduction [page 46]

The NAP cites the 2013 Recommendation of the Commission Nationale Consultative des Droits de l’Homme (CNCDH, France’s national human rights institution), which recommended a series of measures to “allow for the responsibility of parent companies for acts committed abroad by their subsidiaries, in order to align French law to UNGP 26”. Such measures include among other: “In criminal matters, the competent authorities should conduct a reflection on the extension of the extraterritorial jurisdiction of French criminal courts. French courts should be able to recognize themselves as competent vis à vis certain offenses committed abroad by French companies without being subject to the obligation of double incrimination”, and “In civil matters, extending the notion of extraterritoriality to parent companies for human rights violations committed abroad by their subsidiaries”.

 

1. Judicial Mechanisms – At the National Level

1.4 Proceedings

The NAP describes French courts’ international jurisdiction over legal persons in civil matters, and the scenarios in which victims can seize French courts, depending on where the company is headquartered and where the harm occurred, as well as French courts’ jurisdiction in criminal matters, including for acts committed abroad.

 

2. Non-Judicial Mechanisms – At the International Level

2.3 The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) [page 57]

The NAP recalls obligations under the ICESCR to respect, protect and fulfill ESCR on the national territory and in countries where France has a presence, notably through public and private actors conducting economic, commercial, and financial activities abroad.

 

Appendix

The positions adopted by the different groups of the National CSR Platform

Proposals by the civil society and trade union groups [page 61]

  • Civil (and possibly criminal) liability and a duty of vigilance should be introduced for French parent companies and outsourcing companies that commit human rights violations in France or abroad over the course of their activities or those of their subsidiaries or subcontractors. Under this regime, the burden of proof would be on companies, enabling victims to trace the abuse to the highest level of the chain of responsibility.
  • France should comply with and implement its international commitments to monitor transnational private actors operating in France and abroad (by applying its extraterritorial obligations under the ICESC, for instance).

 

Read more about Extraterritorial jurisdiction

Finance & banking sector

I- The State’s Obligation to Protect Human Rights

The International Framework

Actions Underway [page 16]

  • France actively contributes to OECD activities in the field of responsible business conduct, particularly its work on due diligence (in the textile and finance sectors) and reinforcing the OECD Guidelines to mark their 40th anniversary (from June 2016 onwards).

 

The National Framework

15. Economic Sectors and Human Rights

The Financial Sector [page 35]

Given the financial sector’s importance in providing loans, managing assets and financing projects, it has a duty to promote the adoption of responsible management practices by the companies it finances or invests in, especially in the human rights field.

In France, these activities represent €1.063 trillion in loans21 (including €303 billion to large businesses), more than €3 trillion in assets managed for third parties22 (including €900 billion invested in businesses) and several hundred billion euros in financing for large projects. The leverage effect is therefore considerable. In a statement dated 27 May 2013, the OECD’s Norwegian NCP specified that like other enterprises, investors are expected to comply with due diligence requirements recommended by the OECD Guidelines for Multinational Enterprises regarding the respect and protection of human rights including in relation to minority shareholdings. The OECD also set up a multi-stakeholder Working Party on Responsible Business Conduct in finance, and developed recommendations to support the implementation of the Guidelines in this sector. France monitored this work closely. Recommendations on responsible business conduct for investors have been established.

One of the instruments France has implemented for businesses is increased transparency by way of non-financial reporting requirements.

There have been a number of voluntary international initiatives by the financial sector to promote human rights (the Equator Principles,26 UNEP Finance Initiative, the development of Socially Responsible Investment, and the Global Compact). However, France has implemented a regulatory framework that is relatively unique in that some of its provisions specifically target this sector (the Grenelle II Act of 12 July 2010).

Actions Underway [page 36]

  • France promotes, at the national and European levels, investment policies that incorporate due diligence and highlight the principles and practices of institutional investors.
  • France promotes initiatives and commitments by the financial sector, particularly those based on the Equator Principles and the Thun Group.
  • France is examining whether to extend environmental, social and governance reporting requirements for institutional investors in Europe to cover human rights.

 

II- Businesses’ Responsibility to Respect Human Rights

3. Risk Analysis and Impact Assessments [page 40]

The NAP cites the Ecuador Principles in the list of existing tools available at the sectoral level.

Read more about Finance & banking sector

Fisheries and aquaculture sectors

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

Read more about Fisheries and aquaculture sectors

Forced labour & modern slavery

I- The State’s Obligation to Protect Human Rights

The International Framework

Actions to be Implemented [page 16]

  • Work to enhance cooperation between the World Trade Organization (WTO) and ILO to better integrate international social standards on responsible production processes and methods (for example, targeting child labour and forced labour), in order to promote a level playing field that takes into account existing frameworks and regulations

 

The National Framework

11. The Inter-Ministerial Exemplary Administration Action Plan and the National Action Plan for Sustainable Public Procurement

Public Procurement Policy [page 25]

… The new legal framework for public procurement gives purchasers several ways of addressing social and environmental impacts. Having transposed Article 57 of Directive 2014/24/EU of 26 February 2014 on public procurement, French law now states that public contracts may not be awarded to economic operators that have been found guilty of … trafficking or exploitation of human beings (Article 45 of Ordinance 2015-899) …

13. The Role of Public Agencies 

The Agence Française de Développement (AFD) [page 28]

… The AFD considers human rights when selecting the projects it finances. Every year, it produces a corporate social responsibility report which mentions human rights in accordance with the ISO 26000 standard. It also has an exclusion list which prevents it from financing projects that involve forced labour, …

 

II- Businesses’ Responsibility to Respect Human Rights

3. Risk Analysis and Impact Assessment

Practical Tools Addressing Specific Issues [page 41]

  • ILO has created a business helpdesk providing questions and answers, resources and tools on issues connected with workers’ rights: … forced labour, … It also offers free and confidential assistance for company directors and workers.

 

III- Access to Remedy

1. Judicial Mechanisms – At the International Level

1.1 The Protocol to the ILO Forced Labour Convention [page 47]

France ratified the Protocol to the 1930 ILO Forced Labour Convention (no.29) on 7 June 2016. France was the fifth country to ratify the Protocol.

This Protocol was adopted at the ILO International Labour Conference on 11 June 2014 in Geneva. It supplements the convention, which is one of ILO’s most ratified instruments, by dealing with new forms of forced labour.

The Protocol provides for access to appropriate and effective remedies such as compensation. It also reinforces international cooperation in the fight against forced and compulsory labour. It highlights the important role played by employers and workers in tackling this issue.

This ratification is evidence of France’s commitment to fighting all forms of forced labour and promoting the universal ratification of ILO’s fundamental conventions.

 

1. Judicial Mechanisms – At the National Level

1.4 Proceedings

The Jurisdiction of French Courts to Hear Criminal Matters [page 49]

More specifically, French legislation is strict in combating human rights violations by legal entities. Under French law, it is a criminal offence for companies to engage in activities that breach people’s rights (… forced labour), …

Read more about Forced labour & modern slavery

Freedom of association

II- Businesses’ Responsibility to Respect Human Rights

Introduction [page 37]

The NAP refers to framework agreements on by citing the CSR Platform’s recommendation of November 2014 to “encourage the generalization and strengthening of International Framework Agreements including criteria for human rights respect, measures to ensure regular monitoring of their effective implementation and a mechanism of evaluation ex-post.”

3. Risk Analysis and Impact Assessment

Practical Tools Addressing Specific Issues [page 41]

  • ILO has created a business helpdesk providing questions and answers, resources and tools on issues connected with workers’ rights: …, freedom of association, … It also offers free and confidential assistance for company directors and workers.

4. International Framework Agreements [page 42]

An international framework agreement is an instrument negotiated between a multinational enterprise and a global union federation. It defines the rights of those working for the group’s subsidiaries and subcontractors around the world, as well as the social and environmental standards the parties wish to comply with. Generally, the agreement includes a monitoring mechanism involving trade union participation. International framework agreements enable businesses to make international commitments to human rights by working with employees and trade unions and respecting the same standards in all the countries they operate in. Businesses should be encouraged to conclude such agreements.

As of October 2015, 112 international framework agreements had been signed around the world.

One of France’s goals under this action plan is to significantly increase the number of international framework agreements.

Actions Underway:

  • France encourages the generalization and reinforcement of international framework agreements that include human rights criteria, measures to regularly monitor their implementation and ex-post evaluation mechanisms

5. Employee Representatives [page 43]

In its 2013 opinion, the CNCDH recommended that “employee and union representatives be kept informed and consulted and be able to express their opinions when it comes to producing a company’s management report”, as this would “improve the credibility of such reports”. It added that each company should “be obliged to indicate whether there is in fact any form of union or employee representation within each of its entities and subsidiaries.”

The Act of 14 June 2013 on job security introduced several new provisions in this field. It gave employee representatives the right to vote on the administrative boards of large French companies (meaning they also had the right to discuss the content of management reports submitted to these boards). The act also reinforced obligations to keep employees informed by improving processes for consulting with and providing information to works councils.

Actions Underway [page 44]

  • France ensures staff representative bodies have sufficient operating resources to defend human rights.

 

III- Access to Remedy

1. Judicial Mechanisms – At the National Level

1.4 Proceedings

The Jurisdiction of French Courts to Hear Criminal Matters [page 49]

More specifically, French legislation is strict in combating human rights violations by legal entities. Under French law, it is a criminal offence for companies to engage in activities that breach equality laws (…, anti-union discrimination, …), …, or social, health and safety laws (hindering organizations representing employees, …).

 

2. Non-Judicial Mechanisms – At the International Level

2.2 ILO Enforcement Mechanisms [page 56]

There are also three specific procedures for examining representations and complaints: …, and the special procedure for examining complaints about freedom of association (heard by the Committee on Freedom of Association).

2.4 The European Social Charter [page 57]

In order to promote and guarantee social rights not covered in the European Convention on Human Rights, the Council of Europe drew up the European Social Charter, which was adopted in Turin in 1961. Significantly, the 1961 Charter covers …, the right to organize, the right to bargain collectively, …

… France ratified the revised 1996 version of the European Social Charter, which took effect on 7 May 1999, at the same time as the 1995 Protocol providing for a system of collective complaints (ratified by 15 of the Council of Europe’s 47 Member States).

To enforce the Charter, a European Committee of Social Rights was created. This Committee adopts conclusions on the national reports submitted by State Parties, and adopts non-binding “decisions” on collective complaints lodged by national and international employers’ and employees’ organizations and NGOs. These conclusions and decisions must be approved by the Committee of Ministers of the Council of Europe.

Read more about Freedom of association

Garment, Textile and Footwear Sector

THE INTERNATIONAL FRAMEWORK

3. THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD)

France finances actions supporting the implementation of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. It is also very active in the working group developing a guide for the textile industry, following the recommendations of its NCP in this field. – page 14

15. ECONOMIC SECTORS AND HUMAN RIGHTS

Not only must the authorities promote and raise awareness of CSR standards, they must also require extra vigilance with respect to high-risk economic sectors, geographic areas and products.

PROPOSAL FOR ACTION NO.7

– Capitalize on the observations in the French NCP’s report on the textile and garment sector and begin promoting and adapting these recommendations so they can be enforced in all sectors. – page 32

The textile and garment sector

Following the collapse of the Rana Plaza textile factory in Bangladesh in April 2013, France’s Minister for Foreign Trade at that time asked the OECD National Contact Point (NCP) to clarify the scope of the OECD Guidelines with respect to outsourcing companies’ supply chains, and to issue recommendations reinforcing the application of these guidelines so such negligence could be prevented in the future.

The NCP report, produced following hearings with all parties involved, was submitted to the Minister and published online on 2 December 2013. It addresses all actors, and establishes a full range of measures which, once implemented, will enable businesses to oversee supply chains in this sector. The recommendations were shared widely, particularly with the OECD, ILO and EU, and were followed by similar reports published by the Italian and Belgian NCPs.

Following the publication of these recommendations, the OECD set up a working group to

develop a guide for the enforcement of the guidelines in the textile sector, at France’s

insistence. This working group brings together international organizations such as ILO, the private sector, civil society, NCPs and States. The guide will include reinforced due diligence measures to be implemented in this specific sector. The OECD has also planned to set up a platform for shared dialogue and good practices.

As for the EU, it has set up a multi-stakeholder platform for the textile sector.

The G7 included the issue of supply chains in the Leaders’ Declaration issued under the German Presidency following the Elmau Summit in June 2015. This was followed by a roadmap, which was adopted by the French Ministries of Social Affairs and Development in October 2015. While the scope of these initiatives extends beyond the textile sector, approved measures will initially apply to this industry. This is the case for the “Vision Zero Fund”, which will be created to reinforce workplace safety and reduce workplace accidents in producer countries. – page 33

ACTIONS UNDERWAY:

– France is continuing to raise awareness of the NCP report issued on 2 December 2013, and monitor the implementation of its recommendations in the French textile, garment and distribution sectors.

– France is helping to finalize the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector. – page 33

Read more about Garment, Textile and Footwear Sector

Gender & women’s rights

I- The State’s Obligation to Protect Human Rights

The European Framework

8. Trade and Investment Agreements [page 18]

… Indeed, most bilateral investment agreements and a growing number of bilateral and regional trade agreements implement mechanisms for investor-State dispute settlement (ISDS). ISDS enables foreign investors to bring arbitration proceedings when they consider that host States have not complied with the terms of the original agreement. ISDS makes it possible to obtain rulings against States that do not respect their commitments (for example, due to discrimination on the basis of gender, …). In 2014, more than 600 cases were registered around the world, not including private disputes between parties whose details were kept confidential …

 

The National Framework 

Actions Underway [page 30]

  • The [Agence Française de Développement] AFD is working to reduce gender inequality in AFD-funded operations.

…

Footnotes: In line with its framework for crosscutting action on gender, AFD has committed to ensuring that at least 50% of operations funded in foreign countries in 2017 are graded 1 or 2 by the OECD Development Assistance Committee gender equality policy marker (with the exception of AFD funding in the form of global or sectoral budget assistance or unallocated credit lines). In 2015, 39.4% of operations met this criterion.

 

II- Businesses’ Responsibility to Respect Human Rights

2. Training and Information for Businesses [page 39]

… Thanks to the implementation of innovative partnerships between the public, private and nonprofit sectors, regional movements are providing information, raising awareness, offering training and supporting actions to defend and promote human rights. Regional business networks are also committed to human rights, women’s rights … These networks, which support multi-stakeholder dialogue and operations, develop tools and initiatives adapted to the needs of businesses (micro, small, medium and large enterprises) using cooperative approaches.

Footnote: See, for example, the Guide for Companies: Responding to Violence against Women, a joint publication developed by French and European actors from the public, private and non-profit sectors.

 

III- Access to Remedy

1. Judicial Mechanisms – At the National Level

1.4 Proceedings

The Jurisdiction of French Courts to Hear Criminal Matters [page 49]

… More specifically, French legislation is strict in combating human rights violations by legal entities. Under French law, it is a criminal offence for companies to engage in activities that breach …, equality laws (gender discrimination, …), …

Read more about Gender & women’s rights

Guidance to business

II- Businesses’ Responsibility to Respect Human Rights

Introduction [page 37]

… Given the complexity of this issue, companies must continue efforts to develop tools and good practices in the human rights field, at all levels of the production chain. Not only does this allow them to meet their obligations, it is also a key factor in their long-term viability and the image they project to investors and the public. To help companies, especially SMEs, manage this logistically and financially challenging process, a wide range of tools and support is available from actors in the public and private sectors. Most of these resources are free, publicly available and adaptable to business requirements …

Actions Underway [page 38]

  • France is reinforcing training for employees on issues related to business and human rights.
  • The French Ministry of Foreign Affairs and International Development issues advice for businesses operating in conflict zones and/or high-risk areas.

…

2. Training and Information for Businesses [page 39]

All staff members must be made aware of CSR. Because CSR involves protecting, developing and enhancing an organization’s human capital, it is dependent on training. Training is central to sustainable development, enabling people to adapt their skills to economic, professional and societal changes. Training efforts must also target appropriate populations.

Thanks to the implementation of innovative partnerships between the public, private and nonprofit sectors, regional movements are providing information, raising awareness, offering training and supporting actions to defend and promote human rights. Regional business networks are also committed to human rights, women’s rights and the rights of newcomers, workers, vulnerable populations, etc. These networks, which support multi-stakeholder dialogue and operations, develop tools and initiatives adapted to the needs of businesses (micro, small, medium and large enterprises) using cooperative approaches.

Existing tools and responsible practices [page 40]

  • Entreprises pour les Droits de l’Homme (Businesses for Human Rights – EDH) is a non-profit organization bringing together 12 French businesses working in various sectors. It has developed an e-learning tool and one-day training programme on business and human rights for employees;
  • The Global Business Initiative on Human Rights (GBI) is a platform bringing together 18 businesses from various sectors operating in 190 countries. It organizes learning workshops where businesses can share knowledge on human rights issues: good practices, tools, challenges, etc.;
  • Some businesses include human rights modules in sustainable development training programmes for directors. Others offer specific training to purchasers, human resources staff, legal staff, etc.

Actions Underway [page 39]

  • Training efforts are being continued, especially in the fields of purchasing, employee representatives, etc.
  • Measures may be examined with businesses to encourage adherence to rules on the products authorized for sale and consumption in countries that have ratified the UN Guiding Principles.

 

Appendix

The Positions Adopted by the Different Groups of the National CSR Platform 

Proposals by the Economic Group [page 61] 

  • Companies acknowledge their liability for harm caused over the course of their operations. However, they prefer measures such as voluntary initiatives and the sharing of good practices, despite the fact that State intervention may be necessary and justified in specific areas to ensure compliance with general French legal principles.
  • Furthermore, the State should seek to promote homogenous initiatives and rules at the European and international levels.
  • Companies are not in principle opposed to binding frameworks. They are opposed to enforcement mechanisms whose application would be purely punitive.

Read more about Guidance to business

Health and social care

I – THE STATE’S OBLIGATION TO PROTECT HUMAN RIGHTS

THE INTERNATIONAL FRAMEWORK

PROPOSAL FOR ACTION NO.1 [page 16]

ACTIONS UNDERWAY:

– France seeks to ensure that the issues of decent work, occupational health and safety and supply chains are addressed by the G20, particularly by working with Germany, whose presidency runs from 2016 to 2017. It also seeks to build on the G7’s commitments to the UN Guiding Principles in 2015, as well as commitments made during the International Labour Conference in June 2016, one of the three themes of which was “decent work in global supply chains”.

 

THE EUROPEAN FRAMEWORK

8.TRADE AND INVESTMENT AGREEMENTS [page 20]

France is currently revising its model agreement for the protection of investments. In particular, it is planning to significantly reinforce provisions on CSR and the State’s capacity to regulate in the social, environmental, health and cultural fields, as per the European draft model.

 

THE NATIONAL FRAMEWORK

9. THE PROTECTION OF HUMAN RIGHTS AND THE ENVIRONMENT: CONSTITUTIONAL GUARANTEES  [pages 22-23]

The charter acknowledges a number of rights, including “the right to live in a balanced

environment which shows due respect for health” (Article 1), the obligation for public policies to “promote sustainable development” and “reconcile the protection and enhancement of the environment with economic development and social progress” (Article 6), the right to “have access to information pertaining to the environment” and to “participate in the public decision taking process likely to affect the environment” (Article 7), as well as the principles of precaution and prevention in the environmental field.

10. THE REINFORCEMENT OF LEGISLATION [page 24]

Recent public policies have led France to adopt new legislative measures supporting CSR.

  • In the development field, the Act of 7 July 2014 on France’s strategy for development and international solidarity states that policy in this field must take into account “the social and environmental responsibility of public and private actors”. Also under this act, “Companies shall implement risk management procedures to identify, prevent or mitigate social, health and environmental damage and human rights abuses that may arise as a result of their operations in partner countries”.
  • An act on a duty of vigilance for parent companies and outsourcing companies was promulgated on 27 March 2017. Under this act, companies that employ more than 5,000 employees in France, or more than 10,000 employees in France and abroad, must draft and implement due diligence plans. Plans must set out reasonable measures to identify risks and prevent serious abuse of human rights, fundamental freedoms, health, personal safety and the environment, arising as a result of the operations of the company, of companies under its direct or indirect control, or of subcontractors and suppliers with which it has well-established commercial relationships.

 

13. THE ROLE OF PUBLIC AGENCIES 

The Agence Française de Développement (AFD) [page 28]

As mentioned above, pursuant to Article 8 of the French Act of 7 July 2014 France’s strategy for development and international solidarity, the development and international solidarity policy must take into account the social and environmental responsibility of public and private actors. Furthermore, companies must implement risk management procedures to identify, prevent or mitigate social, health and environmental damage and human rights abuses that may arise as a result of their activities in partner countries.

 

II – BUSINESSES’ RESPONSIBILITY TO RESPECT HUMAN RIGHTS

5. EMPLOYEE REPRESENTATIVES [page 40]

Under current legislation, judges sitting on interim matters can rule on the admissibility of claims by stakeholders outside of the company (in other words, they can name these stakeholders “interested parties” in specific circumstances). A number of different laws contain provisions on whistleblowers: … Article L 5312-4-2 of the Public Health Code applies to the safety of certain health products; Article L 1351-1 of the Public Health Code and Articles L 4133-1 et seq. of the Labour Code apply to serious public health and environmental risks …

 

III – ACCESS TO REMEDY

JUDICIAL MECHANISMS

AT THE NATIONAL LEVEL

1.4. PROCEEDINGS

The jurisdiction of French courts to hear criminal matters [page 49]

More specifically, French legislation is strict in combating human rights violations by legal entities. Under French law, it is a criminal offence for companies to engage in activities that breach people’s rights (violations of human dignity, working conditions that violate human dignity, forced labour), equality laws (gender discrimination, anti-union discrimination, denying the freedom to work, corruption), environmental laws (pollution), or social, health and safety laws (hindering organizations representing employees, concealed work, involuntary injuries or death due to workplace accidents).

Collective actions [page 51]

In its opinion dated 24 October 2013, the CNCDH recommended “extending collective action, to matters relating to the environment and health in particular. It is also essential that any French or foreign individual or legal entity residing in France or abroad be able to get involved in any collective action initiated against a French company.”

Collective action, which initially only applied to consumption and competition disputes, was extended to cover health disputes on 1 July 2016, pursuant to the provisions of the Act of 26 January 2016 on the modernization of the health system.

…

Given the different fields of application mentioned in the bill, collective actions will become a tool allowing plaintiffs to stop or remedy discrimination in the labour field and elsewhere, including with respect to the provision of services, accommodation, transport, etc. Collective actions will also be possible in the environmental, health, and personal data protection fields. [51]

Read more about Health and social care

Human rights defenders & whistle-blowers

I- The State’s Obligation to Protect Human Rights

The European Framework

Actions Underway [page 18]

  • France has transposed the European Directive on trade secrets into national law, allowing businesses to protect trade secrets while assuring the necessary transparency of business activities and conduct, and the protection of whistle-blowers acting in the public interest.

 

II- Businesses’ Responsibility to Respect Human Rights

5. Employee Representatives [page 43]

The NAP lists exiting legislation related to whistle-blowers in matters of corruption, public health, conflict of interest, tax evasion and large-scale economic and financial fraud, which protect individuals (referred to as whistle-blowers) requesting the company to disclose information either directly or through legal means. It furthermore mentions existing legislation asserting workers councils’ “right to economic alert”, which enables it to demand information in case of significant preoccupations regarding the company’s financial situation.

 

III- Access to Remedy

At the National Level

1.6 Whistleblower Rights [page 53]

The Act 2016-1691 of 9 December 2016 on transparency, fighting corruption and modernizing the economy replaced earlier sector-specific provisions on whistleblowers. Under the new Act, a single framework was created to protect whistleblowers who now share a common status regardless of the field concerned.

The whistleblower status now includes:

  1. A general definition: a whistleblower is defined as an individual who reveals or reports,
    disinterestedly and in good faith, a crime or offence; a serious and manifest breach of an
    international commitment duly ratified or approved by France, of a unilateral act of an
    international organization adopted on the basis of such commitment, or a serious breach
    of a law or regulation; or a serious threat or harm to the public interest, of which the
    whistleblower has had personal knowledge.
  2. A process for raising alerts: in order to receive legal protection, the whistleblower must respect a three-step process, raising the alert first with his/her employer or the contact person designated by the employer, second with the judicial or administrative authority and third with the public, as a last resort.
  3. Three forms of legal protection:
    • Professional protection against all forms of retaliation for raising the alert;
    • Protection against criminal liability: whistleblowers are not considered criminally liable for disclosing information that is a legally protected secret if this disclosure is necessary and proportionate to the interests being defended and the whistleblower respects the alert process described above. However, this exemption does not cover whistleblowers who disclose national defence secrets, medical secrets or lawyerclient communications.
    • Protection against being prevented from raising the alert : any person who interferes with the transmission of an alert by a whistleblower is punishable by law by up to one year of imprisonment and a €15,000 fine. The Act also reinforces sanctions for malicious defamation proceedings against whistleblowers.

Actions to be Implemented 

  • Amend Article 113-8 of the Criminal Code so that a prosecutor’s decision not to open an investigation into a complaint lodged by the victim of a crime committed by a French entity abroad can be appealed.
  • Continue to examine national and international options to address the denials of justice faced by plaintiffs attempting to take legal action to obtain remedy for harm caused by the subsidiaries of groups operating in countries where courts do not have the necessary independence to deliver justice, or where plaintiffs are threatened.

Read more about Human rights defenders & whistle-blowers

Human rights due diligence

I- The State’s Obligation to Protect Human Rights

The International Framework

3. The Organisation for Economic Co-Operation and Development (OECD) [page 14]

… Lastly, France finances actions supporting the implementation of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas …

4. The International Organisation for Standardization (ISO) [page 15]

France actively contributed to work completed by ISO which resulted in the adoption of the ISO 26000 standard on social responsibility for businesses and organizations. This standard seeks to promote a common understanding of social responsibility, but cannot be used for certification. The ISO 26000 standard deals with seven core subjects, one of which is human rights …

… The standard also defines the concept of due diligence, describing it as a “comprehensive, proactive process to identify the actual and potential negative social, environmental and economic impacts of an organization’s decisions and activities over the entire life cycle of a project or organizational activity, with the aim of avoiding and mitigating negative impacts”…

Actions Underway [page 16]

  • France actively contributes to OECD activities in the field of responsible business conduct, particularly its work on due diligence (in the textile and finance sectors) and reinforcing the OECD Guidelines to mark their 40th anniversary (from June 2016 onwards).

The European Framework

6. The Council of Europe [page 17]

… the Recommendation CM/Rec(2016)3 on human rights and business was adopted by the Committee of Ministers of the Council of Europe on 2 March 2016. Currently this recommendation includes the following provisions:

Article 20: Member States should apply such measures as may be necessary to encourage or, where appropriate, require that:

  • business enterprises domiciled within their jurisdiction apply human rights due diligence throughout their operations;
  • business enterprises conducting substantial activities within their jurisdiction carry out human rights due diligence in respect of such activities; including project-specific human rights impact assessments, as appropriate to the size of the business enterprise and the nature and context of the operation.”

7. The European Union (EU) [pages 17-18]

… Following the proposal for a European regulation on the traceability of minerals from conflict zones, France supported an ambitious draft regulation on responsible supply chains for minerals in conflict zones and high-risk areas. The regulation on due diligence for conflict minerals was approved at a plenary session of the European Parliament in March 2017, following the political understanding announced by the Council in June 2016. France will work to ensure that it is correctly implemented and quickly evaluated so it can be reinforced if necessary.

France could play a key role in the adoption of a common European framework on due diligence. The French National Assembly launched a parliamentary “green card” initiative to this effect.

Actions Underway 

  • France is promoting the notion of due diligence at the European level to encourage the creation of a common framework based on the legislative framework adopted in France.

 

The National Framework

10. The Reinforcement of Legislation [page 23]

Recent public policies have led France to adopt new legislative measures supporting CSR.

  • An act on a duty of vigilance for parent companies and outsourcing companies was promulgated on 27 March 2017. Under this act, companies that employ more than 5,000 employees in France, or more than 10,000 employees in France and abroad, must draft and implement due diligence plans. Plans must set out reasonable measures to identify risks and prevent serious abuse of human rights, fundamental freedoms, health, personal safety and the environment, arising as a result of the operations of the company, of companies under its direct or indirect control, or of subcontractors and suppliers with which it has well-established commercial relationships.

…

Actions Underway [page 27]

  • France is implementing the act on the corporate duty of vigilance.

13. The Role of Public Agencies [page 26]

The NAP recalls the CNCDH’s 2013 recommendation regarding France’s export credit agency COFACE, namely the establishment of human rights due diligence procedures including exhaustive human rights impact assessments, better transparency and information, and better civil society and affected stakeholders participation. It also recalls the CSR Platform’s recommendation for the development agency AFD and the export credit agency COFACE to reinforce their due diligence procedures and to establish grievance mechanisms.

Actions Underway

  • COFACE is continuing efforts to make information on reasonable due diligence in the social and environmental fields (which include human rights) visible and accessible on its website.

Actions to be Implemented

  • Make AFD funding for businesses conditional on implementing or undertaking to implement non-financial reporting and a CSR due diligence plan for projects, or on the enforcement of host country or international standards.

15. Economic Sectors and Human Rights

Not only must the authorities promote and raise awareness of CSR standards, they must also require extra vigilance with respect to high-risk economic sectors, geographic areas and products.

Actions for all Economic Sectors

  • Reinforce due diligence, particularly in sectors and countries at risk of human rights abuses.
  • Encourage French businesses to develop and implement due diligence plans on the basis of their size.

…

The Textile and Garment Sector

… the OECD set up a working group to develop a guide for the enforcement of the guidelines in the textile sector, at France’s insistence. This working group brings together international organizations such as ILO, the private sector, civil society, NCPs and States. The guide will include reinforced due diligence measures to be implemented in this specific sector. The OECD has also planned to set up a platform for shared dialogue and good practices …

Actions Underway

  • France is helping to finalize the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector.

…

The Extractive Sector

Extractive industries are often considered opaque and at high risk of environmental and human rights abuses. As such, they are subject to heightened due diligence measures and initiatives seeking to address sector-specific risks.

France’s actions in this field focus on multilateral and European initiatives reinforcing the legal and regulatory framework for businesses working in the extractive sector, especially in regions with fragile governance systems.

  • France helps monitor and finance the implementation of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and HighRisk Areas. This document is an international reference in the field of good practices for businesses seeking to identify and manage non-financial risks in their mineral supply chains (funding for armed groups and terrorism, human rights abuses, child labour, corruption, etc.).
  • France also helped draft and adopt the OECD Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector. This guide contains recommendations to help businesses in the sector identify and manage the adverse impacts of their operations on communities affected by mining projects.

Actions Underway

  • France raises awareness among French businesses of their due diligence obligations with respect to mineral supply chains as set out in relevant regulatory initiatives (the OECD Due Diligence Guidance, the EU Conflict Minerals Regulation and national law on due diligence).

The Financial Sector

In a statement dated 27 May 2013, the OECD’s Norwegian NCP specified that like other enterprises, investors are expected to comply with due diligence requirements recommended by the OECD Guidelines for Multinational Enterprises regarding the respect and protection of human rights including in relation to minority shareholdings. The OECD also set up a multi-stakeholder Working Party on Responsible Business Conduct in finance, and developed recommendations to support the implementation of the Guidelines in this sector. France monitored this work closely. Recommendations on responsible business conduct for investors have been established.

Actions Underway

  • France promotes, at the national and European levels, investment policies that incorporate due diligence and highlight the principles and practices of institutional investors.

 

II- Businesses’ Responsibility to Respect Human Rights

Introduction [page 37]

In March 2015, the National CSR Platform agreed on the following points with respect to due diligence:

Parent companies and outsourcing companies should undertake due diligence (which some considered should be voluntary and reasonable, and which others considered should be compulsory) with respect to subsidiaries and subcontractors in order to improve human rights and environmental risk prevention.

This due diligence could include the following measures:

  • Defining the scope of the fundamental rights concerned. The Universal Declaration of Human Rights, the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises and the Charter of Fundamental Rights of the European Union could serve as a basis for this definition.
  • Setting a size threshold over which companies and groups would be obliged to implement due diligence processes.
  • Defining the operational content of reasonable due diligence processes for companies in due diligence plans. These plans would distinguish between subsidiaries and subcontractors given the different due diligence processes applicable to each of these cases. The goal of these plans would be to identify and prevent human rights and environmental risks resulting from business operations. The French NCP’s work on the textile and garment sector could be a useful reference. Parent companies and outsourcing companies would have to disclose the due diligence processes they implement, in compliance with the European directive on non-financial reporting.

 

III- Access to Remedy

Introduction [page 46]

In its 2013 opinion, the CNCDH made the following recommendations:

  • Drawing inspiration from the duty to protect and remedy in the environmental sphere, the CNCDH recommends that a duty of vigilance on the part of the parent company with regards to its subsidiaries be legally imposed with the aim of preventing any violations of human rights that might occur over the course of its activities.

…

2. Non-Judicial Mechanisms – At the International Level

2.1 The OECD National Contact Point (NCP) [page 54]

The French NCP is very active in promoting responsible business conduct and the OECD Guidelines for Multinational Enterprises. Following the Rana Plaza tragedy, the NCP stepped up its activities, especially in the field of due diligence for supply chain risks, human rights and workers’ rights …

 

Appendix

The Positions Adopted by the Different Groups of the National CSR Platform

Proposals by the civil society and trade union groups [page 61]

  • Civil (and possibly criminal) liability and a duty of vigilance should be introduced for French parent companies and outsourcing companies that commit human rights violations in France or abroad over the course of their activities or those of their subsidiaries or subcontractors. Under this regime, the burden of proof would be on companies, enabling victims to trace the abuse to the highest level of the chain of responsibility.

…

Read more about Human rights due diligence

Human rights impact assessments

I- The State’s Obligation to Protect Human Rights

The European Framework

6. The Council of Europe [page 17]

The political declaration supporting the UN Guiding Principles was adopted in April 2014 and the Recommendation CM/Rec(2016)3 on human rights and business was adopted by the Committee of Ministers of the Council of Europe on 2 March 2016.

Currently this recommendation includes the following provisions:

Article 20. Member States should apply such measures as may be necessary to encourage or, where appropriate, require that:

  • business enterprises domiciled within their jurisdiction apply human rights due diligence throughout their operations;
  • business enterprises conducting substantial activities within their jurisdiction carry out human rights due diligence in respect of such activities; including project-specific human rights impact assessments, as appropriate to the size of the business enterprise and the nature and context of the operation.”

8. Trade and Investment Agreements [page 19]

In 2013, France issued a number of proposals to improve the way in which social and environmental standards were addressed in European trade agreements. These proposals are still relevant.

These proposals focus on five main areas:

…

2. Improving the evaluation of sustainable development chapters through rigorous impact assessments. These impact assessments must provide a clear overview of social and environmental standards in countries negotiating agreements with the EU. France has completed a major revision of the European manual used to write these impact assessments. This could lead to progress in the field.

…

Actions to be Implemented

  • Encourage impact assessments to be completed before and after agreements are concluded and make all free trade agreements conditional on the inclusion of human rights clauses and the prioritization of the UN Guiding Principles.

 

The National Framework

13. The Role of Public Agencies

The Agence Française de Développement (AFD)

… the AFD adopted a 2014-2016 CSR action plan developed with internal and external stakeholders. The goals of this action plan are to increase transparency
by consulting with relevant parties and by publishing information on AFD-funded projects and final reports. Other information is available upon request, including social and environmental impact assessments …

 

II- Businesses’ Responsibility to Respect Human Rights

3. Risk Analysis and Impact Assessment [page 40]

Businesses must understand the type and scope of adverse human rights impacts (both real and potential) caused directly or indirectly by their operations, particularly in their business relationships. This enables them to identify measures to prevent, remedy and mitigate these impacts.

Practically speaking, businesses analyse their human rights risks by:

  • Using external risk analysis tools (see below), which may or may not be adaptable;
  • Identifying human rights issues that are specific to their operations or sector;
  • Carrying out country risk assessments by compiling the available external data;
  • Carrying out background checks and audits on suppliers and other stakeholders.

Many tools are available to help businesses analyse risks and assess the impact of their operations. If necessary, they can also call on employers’ organizations and other appropriate stakeholders.

Actions Underway

The following points are key to the implementation of risk management measures:

  • Impact assessments must be completed for new operations, projects, commercial relationships, countries, etc.;

…

Actions to be Implemented [page 41]

  • Promote the completion and publication of voluntary impact assessments, ensuring that all appropriate stakeholders are included (if necessary, through the free, prior and informed consultation of populations), particularly rights holders for companies that are not required to complete project-specific impact assessments, and ensure these assessments are monitored.

Practical Tools Addressing Specific Issues:

  • The Business and Human Rights Resource Centre (www.businesshumanrights.org) is an online library with connections to a wide range of working
    documents and conceptual tools published by businesses, NGOs, governments, sector-specific initiatives and institutions. Many tools have been sorted by issue, country, sector or company policy/steps (policy, impact assessment, training, reporting, etc.).

Read more about Human rights impact assessments

ICT & electronics sector

I- The State’s Obligation to Protect Human Rights

Examples of Responsible Practices Abroad [page 36]

Switzerland

  • The Swiss Federal Council has introduced a major amendment to its export licensing legislation in order to ensure surveillance technologies that might be used for human rights abuses are not exported from Switzerland. Following this amendment, Swiss authorities must reject companies’ requests to export surveillance technologies if there “are reasonable grounds to believe” that the items could be used for repression in the country of destination: https://www.privacyinternational.org/node/589

II- Businesses’ Responsibility to Respect Human Rights

3. Risk Analysis and Impact Assessment

Practical Tools Addressing Specific Issues 

At the European Level [page 42]

  • The European Commission’s guides for three economic activities: … information and communications technologies.

Read more about ICT & electronics sector

Indigenous peoples

I- Businesses’ Responsibility to Respect Human Rights

3. Risk Analysis and Impact Assessment

Actions to be Implemented [page 41]

Promote the completion and publication of voluntary impact assessments, ensuring that all appropriate stakeholders are included (if necessary, through the free, prior and informed consultation of populations), particularly rights holders for companies that are not required to complete project-specific impact assessments, and ensure these assessments are monitored.

Read more about Indigenous peoples

Investment treaties & investor-state dispute settlements

I- The State’s Obligation to Protect Human Rights

The European Framework

7. The European Union (EU) [page 17]

… It also promoted the inclusion of social, environmental and governance standards in trade and investment agreements …

8. Trade and Investment Agreements [page 19]

In its 2013 opinion, the CNCDH underlined that “the need for coherence should guide France’s foreign policy” and recommended that, in accordance with Guiding Principle no.10, “the Government support and promote the aforementioned instruments within multilateral institutions dealing with economic, commercial and financial issues, including those that are binding, that are designed to ensure that businesses respect human rights.”

As for the National CSR Platform, it issued the following recommendations:

  • “Promote CSR and human rights in international trade, finance and investment agreements;
  • Increase the involvement of stakeholders in impact studies completed before trade negotiations with respect to CSR;
  • Ensure social and environmental clauses are included and respected under these agreements;
  • Reinforce the monitoring and evaluation of these agreements.”

France discussed CSR issues in a report on its international trade strategy and European trade policy (December 2015), clearly indicating that CSR is a concern addressed in its trade policies.

State measures to control access to domestic markets are powerful tools when it comes to protecting and supporting businesses that respect human rights. However, in a document dated 24 June 2016, the Committee on Economic, Social and Cultural Rights expressed its concern at “the failure to devote sufficient attention to the impact that bilateral or multilateral trade or investment agreements concluded or being negotiated by the State party or the European Union have or will have on the enjoyment of Covenant rights in the other countries that are party to those agreements. The Committee is particularly concerned by the fact that the mechanisms for settling disputes between States and investors provided for in several agreements could reduce the State’s ability to protect and achieve some of the Covenant rights (art. 2 (1)).”

Indeed, most bilateral investment agreements and a growing number of bilateral and regional trade agreements implement mechanisms for investor-State dispute settlement (ISDS). ISDS enables foreign investors to bring arbitration proceedings when they consider that host States have not complied with the terms of the original agreement. ISDS makes it possible to obtain rulings against States that do not respect their commitments (for example, due to discrimination on the basis of gender, religion, nationality, etc.). In 2014, more than 600 cases were registered around the world, not including private disputes between parties whose details were kept confidential.

In 2013, the EU and the United States began negotiating a Transatlantic Free Trade Agreement (TAFTA,) also known as the Transatlantic Trade and Investment Partnership (TTIP), which originally featured an ISDS clause. The EU has suggested replacing the ISDS clause with a bilateral investment dispute court or Investment Court System until a permanent multilateral court can been established. This reform is being defended in all European trade negotiations, and has already been accepted by Canada and Vietnam.

European trade agreements incorporate CSR and adherence to international conventions on labour and the environment. EU free trade agreements all include sustainable development chapters, which contain provisions on labour law and environmental protection. These chapters also refer to CSR. Provisions mainly reiterate key existing multilateral agreements (for example, ILO’s fundamental conventions in the labour field and multilateral environmental agreements in the environmental field). They also set out cooperation mechanisms for the parties in order to support progress in these fields. Sustainable development chapters in EU free trade agreements and investment agreements contain two further important provisions: one prevents parties to the agreement from lowering social and environmental standards to promote trade and attract investments; the other confirms States’ right to regulate in the social and environmental fields.

These provisions have been included in European trade agreements since 2008. They are now systematically incorporated into agreements being negotiated, including the TTIP. The European Commission can adapt commitments to social and environmental standards based on a country’s level of development.

Otherwise, France is currently revising its model agreement for the protection of investments. In particular, it is planning to significantly reinforce provisions on CSR and the State’s capacity to regulate in the social, environmental, health and cultural fields, as per the European draft model.

From the French perspective, addressing these issues in free trade agreements results in a number of weaknesses:

  • Firstly, State-to-State dispute settlement (SSDS) mechanisms do not apply to social and environmental standards and human rights clauses. If standards are not met, consultations take place between the EU and the third country, after which an expert committee is created to suggest possible solutions. Moreover, European trade agreements do not provide for sanctions, unlike US agreements, which have lower human rights standards than those concluded by the EU. The lack of sanctions makes these provisions difficult to enforce.
  • Secondly, although trade agreements include social and environmental standards and human rights clauses taken from the main international texts on labour laws and the environment, international organizations (the UNDP, ILO, etc.) are not involved in negotiations, despite the fact they carefully monitor the implementation of these texts (through regular reports by State parties, etc.). Instead, in trade agreements, a committee meeting at least once per year is charged with monitoring the implementation of sustainable development chapters. Civil society (NGOs and nonprofit organizations) can also act as whistleblowers if these regulations are breached, although this power is not institutionalized. Discussions with civil society are generally formalized by way of an annual forum or consultative committee bringing together stakeholders from different backgrounds. To respect human rights and support responsible practices, social and environmental costs must be included in cost prices. The EU condemns social and environmental dumping and selling at a loss. France must encourage the international bodies to which it is party to implement measures guaranteeing fair and undistorted competition.

In 2013, France issued a number of proposals to improve the way in which social and environmental standards were addressed in European trade agreements. These proposals are still relevant.

These proposals focus on five main areas:

  1. Improving cooperation with international organizations working in the labour and environmental protection fields (ILO, UNDP, UNEP, etc.). Some of these organizations, particularly UN organizations, are running cooperation projects in countries currently negotiating trade agreements with the EU. Some of these cooperation activities are oriented in such a way that they directly support the social and environmental goals set down in agreements. This is the case for some countries that have just concluded trade agreements or countries benefitting from Europe’s Generalised Scheme of Preferences (GSP).
  2. Improving the evaluation of sustainable development chapters through rigorous impact assessments. These impact assessments must provide a clear overview of social and environmental standards in countries negotiating agreements with the EU. France has completed a major revision of the European manual used to write these impact assessments. This could lead to progress in the field.
  3. Giving civil society more power to monitor these chapters. In addition to the annual forums currently planned by the European Commission, European trade agreements could give civil society (NGOs and trade unions) a formal “whistleblower” role, denouncing breaches of social and environmental standards. The Commission has decided not to look further into this option at this stage.
  4. Improving the enforcement of existing sustainable development chapters by reinforcing implementation mechanisms. In November 2015, the French Minister of State for Foreign Trade sent a letter to European Commissioner Cecilia Malström asking the European Commission to investigate ways of including these chapters in dispute settlement mechanisms in trade agreements.
  5. Increasing the involvement of businesses by including CSR requirements in sustainable development chapters in trade agreements. Currently, these chapters contain a short paragraph on CSR, but this should be reinforced by adding references to key international texts on the subject (particularly the OECD Guidelines).

Actions Underway [page 21]

  • France has undertaken to promote the UN Guiding Principles in its trade relations with other States and confirms its commitment to the hierarchy of norms when signing trade and investment agreements.
  • France also checks that all trade and investment agreements comply with international human rights law.
  • France, working with other European partners who support this initiative, is building on proposals made to the previous European Commission (in March 2013) to reinforce social and environmental standards in free trade agreements and monitor their enforcement.
  • France supports the inclusion of a new European model investment chapter in all EU trade negotiations and, in the long run, the adoption of this approach in bilateral French agreements, in order to reinforce States’ right to regulate and overhaul investor-State dispute settlement procedures.
  • France contributes to the debate on setting up a permanent multilateral court to deal with investment disputes.

Actions to be Implemented [page 22]

  • Monitor compliance with the recommendations issued by the Committee on Economic, Social and Cultural Rights in its opinion of 24 June 2016.
  • Encourage impact assessments to be completed before and after agreements are concluded and make all free trade agreements conditional on the inclusion of human rights clauses and the prioritization of the UN Guiding Principles.
  • Ensure that sustainable development chapters in EU free trade agreements are binding and enforceable under these agreements’ dispute settlement mechanisms.
  • Support responsible businesses by giving goods and services produced in compliance with human rights obligations better access to French and European
    markets.
  • Initiate discussions on the consequences of failing to respect human rights and the inclusion of human rights in policies tackling unfair competition.
  • Contribute to debate on recognizing the concept of a group of companies in the EU.

France’s General Secretariat for European Affairs will support this work and distribute relevant documentation to lead ministries, in order to guarantee inter-ministerial coordination on European issues and their assessment by European institutions.

10. The Reinforcement of Legislation [page 23]

Recent public policies have led France to adopt new legislative measures supporting CSR.

  • … The Act of 12 July 2010, also referred to as the Grenelle II Act, reinforced transparency requirements in two ways:
    • Under Article 224 of this act, the annual reports of asset management companies must mention the ways in which their investment policies take into account environmental, social and governance criteria.

…

 

The National Framework

15. Economic Sectors and Human Rights

The Agriculture and Food Sector [page 32]

The strategic importance of national food security and economic opportunities in the agricultural sector have led a number of countries and businesses to invest (and support investment) in agrifood production. Given this large-scale investment, which often involves large-scale land purchases, the international community has sought to implement guidelines and directives to regulate these projects. Two major initiatives have been launched:

…

  • The Principles for Responsible Investment in Agriculture and Food Systems (also known as the RAI), adopted by the CFS in October 2014, which are partly based on the UN Guiding Principles on Business and Human Rights.

… Working with actors involved in French cooperation efforts, it developed the Guide to Ex-Ante Analysis of Agricultural Investment Projects that Affect Land and Property Rights to facilitate the enforcement of these principles …

Actions Underway

  • Partner States are encouraged to apply the Voluntary Guidelines on the Responsible Governance of Tenure of Land (VGGT) and the Principles for Responsible Investment in Agriculture and Food Systems (RAI).
  • Recommendations in the Guide to Ex-Ante Analysis of Agricultural Investment Projects that Affect Land and Property Rights are being integrated into the AFD’s due diligence procedures in the land, social and environmental fields.

Actions to be Implemented

  • Ensure the VGGT and RAI are respected by French economic actors abroad. Training on the implementation of these principles and directives will be offered to government employees (in embassies and economic services) and agencies.

The Financial Sector [page 34]

… There have been a number of voluntary international initiatives by the financial sector to promote human rights (…, the development of Socially Responsible Investment, …).

Footnote:  Socially Responsible Investment (SRI) is an investment that reconciles economic performance and social and environmental impact by financing enterprises and public bodies that support sustainable development, regardless of their sector of activity. By influencing governance and behaviour, SRI encourages the development of a responsible economy. In France, SRI represented €170 billion in 2013.

Actions Underway

  • France promotes, at the national and European levels, investment policies that incorporate due diligence and highlight the principles and practices of institutional investors.
  • France is examining whether to extend environmental, social and governance reporting requirements for institutional investors in Europe to cover human rights.

…

Read more about Investment treaties & investor-state dispute settlements

Judicial remedy

III- Access to Remedy

1. Judicial Mechanisms – At the International Level

1.1 The Protocol to the ILO Forced Labour Convention (No.29) [page 47]

France ratified the Protocol to the 1930 ILO Forced Labour Convention (no.29) on 7 June 2016. France was the fifth country to ratify the Protocol.

This Protocol was adopted at the ILO International Labour Conference on 11 June 2014 in Geneva. It supplements the convention, which is one of ILO’s most ratified instruments, by dealing with new forms of forced labour.

The Protocol provides for access to appropriate and effective remedies such as compensation. It also reinforces international cooperation in the fight against forced and compulsory labour. It highlights the important role played by employers and workers in tackling this issue.

This ratification is evidence of France’s commitment to fighting all forms of forced labour and promoting the universal ratification of ILO’s fundamental conventions.

 

At the European Level

1.2 The European Court of Human Rights

Any individual can lodge an application with the European Court of Human Rights, provided that they have exhausted all domestic remedies and the case falls under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Once the European Court of Human Rights has delivered a judgment, the State is required to implement all necessary enforcement measures to ensure the violation is not repeated. The enforcement of the judgment is monitored by the Committee of Ministers of the Council of Europe. States must report on the solutions implemented (this covers individual measures such as financial compensation, and general measures such as the revision of legislation).

 

At the National Level

1.3 Civil and Criminal Liability [page 48]

The right to effective remedy is enshrined in several European and international texts to which France adheres. It is mentioned in Article 8 of the Universal Declaration of Human Rights, Article 47 of the Charter of Fundamental Rights of the European Union (concerning the “rights and freedoms guaranteed by the law of the Union”), and Article 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (concerning the “rights and freedoms […] set forth in this Convention”).

Since the French Constitutional Council’s decision of 9 April 1996 (DC 96-373), the right to effective remedy has been protected by the French Constitution. However, the Council also acknowledged that this right did have limits and lawmakers could restrict its scope, provided they did not impose “substantial constraints” (recital 83). In a further decision dated 23 July 1999 (DC 99-416), the Constitutional Council discussed the consequences of this decision, particularly by linking the right to effective remedy to respect for defence rights, which it considered were one of the fundamental principles recognized in French legislation.

To ensure that the constitutional right to effective remedy is recognized as a real and tangible right in France, the State has taken theoretical and practical steps to enable individuals, especially victims of human rights abuses by businesses, to lodge complaints with judges and obtain appropriate reparation.

Under the rules of French civil procedure, the party applying to enforce the rule of law must prove the facts necessary for the success of their claim (Article 9 of the French Code of Civil Procedure).

Pursuant to French civil law, individuals and companies must remedy the harm they cause to others. Under Articles 1382 and 1383 of the Civil Code (Articles 1240 and 1241 as of 1 October 2016), they must remedy the consequences of their fault, even if this was committed through imprudence. The burden of proving the fault, damage and causal link between the two falls on the party requesting remedy.

Other legal texts establish liability in other circumstances. Specifically, Article 1384 of the Civil Code (Article 1242 as of 1 October 2016) deals with vicarious liability for acts committed by people under one’s responsibility or by things in one’s custody. When this text applies, the burden of proof is lighter for plaintiffs. Thus, when a “thing” commits an “act”, its custodian is considered liable, unless they can prove an exonerating cause such as force majeure.

In addition, under Act 2016-1087 of 8 August 2016 on the reclaiming of biodiversity, nature and landscapes, new articles on remedying ecological damage have been incorporated into the Civil Code.

1.4 Proceedings

The Jurisdiction of French Courts to Hear Civil Matters [page 49]

The rules determining whether French courts have the international jurisdiction to hear non-contractual civil liability cases against companies or other legal entities differ depending on the State in which this entity is domiciled.

If a company or legal entity has their statutory seat, central administration or principal place of business in an EU Member State, they are considered to be domiciled there under Article 63 of the European Regulation 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Pursuant to Article 4 of the Regulation, entities domiciled in an EU Member State shall be sued in the courts of that Member State. Consequently, any person suffering harm caused by a company domiciled in France can lodge a request for remedy with the French courts, regardless of the victim’s nationality and State of residence, and regardless of where the harm occurred.

When the company or legal entity that caused the harm is domiciled in another EU Member State or in Switzerland, Norway or Iceland, the victim can lodge a case with the French courts if the harmful event (the harm or the act causing the harm) occurred in France, pursuant to Article 7(2) of the Brussels I Regulation (recast) and Article 5(3) of the Lugano II Convention of 7 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

If the entity that caused the harm is domiciled outside the EU and the European Economic Area (EEA), the victim can still file proceedings with the French courts if the harmful event (the harm or the act causing the harm) occurred in France, pursuant to Article 46 of the French Code of Civil Procedure. Furthermore, if the harmful event occurred outside the EU and the EEA, victims domiciled in France can file proceedings with the French courts on a subsidiary basis, regardless of their nationality, pursuant to Article 14 of the French Civil Code.

Finally, even when the company and the harmful event are both based outside the EU and the EEA, and victims are not French citizens and not domiciled in France, proceedings can be filed with French courts on the independent jurisdictional grounds of a “denial of justice”. In this case, victims must prove that they are de jure or de facto unable to file proceedings with foreign courts.

However, in practice, it is very difficult and sometimes impossible to establish a chain of liability.

The Jurisdiction of French Courts to Hear Criminal Matters [pages 49-50]

Generally speaking, unless otherwise stipulated in legislation, companies and legal entities are liable for the criminal offences they commit, provided that these offences can be attributed to one of the company’s “organs” or representatives, and the offences were committed on their behalf.

More specifically, French legislation is strict in combating human rights violations by legal entities. Under French law, it is a criminal offence for companies to engage in activities that breach people’s rights (violations of human dignity, working conditions that violate human dignity, forced labour), equality laws (gender discrimination, anti-union discrimination, denying the freedom to work, corruption), environmental laws (pollution), or social, health and safety laws (hindering organizations representing employees, concealed work, involuntary injuries or death due to workplace accidents).

Companies found guilty of these offences must pay fines equal to a maximum of five times the amount payable by individuals under the law punishing the offence. If the law does not specify fines for individuals who commit these crimes, the fine for companies is set at €1 million.

In addition, victims can sue companies for civil injury and request remedy for harm arising as a result of offences. Specifically, under French law, parent companies can be found criminally liable for acts committed by their subsidiaries, including acts committed abroad, if it can be established that they committed or were complicit in the offence. It should be noted that French law stipulates that those complicit in offences are subject to the same criminal sanctions as those who commit the offence. However, when the main offence is committed in another country, two conditions must be met before this complicity can be established (the offence must be considered a criminal act in both countries, and a definitive judgment must have been obtained in the country where the offence was committed). These conditions make these provisions difficult to apply.

Parent companies can be found criminally liable in other situations, for example when they hide or whitewash offences committed by foreign subsidiaries.

Although French criminal law provides for the criminal liability of legal entities and sets out specific offences and sanctions for companies, victims still face obstacles when seeking judgments and effective remedies, especially when a business’s international operations are concerned. These obstacles are considered by some to be guarantees of legal certainty, and include provisions in Articles 113-5 and 113-8 of the Criminal Code.

Under these provisions, parent companies can only be found complicit in a subsidiary’s offence abroad if two conditions are met. Firstly, the offence must be considered a criminal act in the State where it was committed and in France (the principle of double criminality). Secondly, a final foreign judgment must have been obtained (Article 113-5 of the Criminal Code). This second condition requires victims to have the offence acknowledged by a foreign court.

Article 113-8 of the Criminal Code concerning infractions is another obstacle that prevents victims from seeking remedy or, more commonly, attempting to sue a company for civil injury. This article effectively gives the public prosecutor a monopoly in terms of filing proceedings for crimes committed by French entities abroad and crimes suffered by French victims abroad.

Collective Actions [page 51]

In its opinion dated 24 October 2013, the CNCDH recommended “extending collective action, to matters relating to the environment and health in particular. It is also essential that any French or foreign individual or legal entity residing in France or abroad be able to get involved in any collective action initiated against a French company.”

Collective action, which initially only applied to consumption and competition disputes, was extended to cover health disputes on 1 July 2016, pursuant to the provisions of the Act of 26 January 2016 on the modernization of the health system. Act 2016-1547 of 18 November 2016 on the modernization of the 21st century justice system widened the scope of collective action provisions. Articles 60 to 84 of this Act define a common procedural framework for collective actions and pave the way for their use in a large number of areas.

Under this common framework, a group of plaintiffs can launch a collective action when they experience a similar situation and suffer harm caused by the same person’s breach of a contractual or statutory obligation. Plaintiffs can request a stop to the breach or a remedy for the harm caused. It should be underlined that collective actions do not exclude plaintiffs on the basis of their nationality or place of residence provided they experience a similar situation, as described above.

Given the different fields of application mentioned in the bill, collective actions will become a tool allowing plaintiffs to stop or remedy discrimination in the labour field and elsewhere, including with respect to the provision of services, accommodation, transport, etc. Collective actions will also be possible in the environmental, health, and personal data protection fields.

1.5 The Denial of Justice [page 52]

As underlined by the National CSR Platform in 2014, it is important to find practical solutions to flagrant and serious denials of justice in the event of major events. According to the platform, this was especially true given the fact that access to courts likely to deal fairly and equitably with complaints concerning fundamental rights violations by companies was difficult in many countries.

The platform therefore recommended that the French Government launch an international debate on finding legal solutions to the problem of the denial of justice. A denial of justice occurred when plaintiffs attempted to take legal action against groups domiciled in States subject to the rule of law to obtain remedies for harm caused by subsidiaries operating in countries where courts did not have the necessary independence to deliver justice, or where plaintiffs were threatened. These legal solutions should not challenge the general principle of territorial jurisdiction. According to the platform, this initiative, supported by France, could aim in particular to launch a European movement. By situating this initiative within a European or wider framework (OECD), the risk of French businesses facing an uneven playing field would be minimized.

The French administration is aware of these issues. During negotiations to update the Brussels I Regulation and widen its scope to cover defendants based in countries outside the EU, France suggested giving plaintiffs attacking European companies the option to go before a European judge on the basis of the forum necessitatis principle.

In its 2013 opinion, the CNCDH stated that “it would be desirable for subsidiary jurisdiction based on the denial of justice to be granted in civil matters in the event that the State competent for recognising detrimental acts on the part of the subsidiary is deemed unable or does not want to initiate and see through to their conclusion legal proceedings.”

 

Appendix

The Positions Adopted by the Different Groups of the National CSR Platform

Proposals by the civil society and trade union groups

  • Civil (and possibly criminal) liability and a duty of vigilance should be introduced for French parent companies and outsourcing companies that commit human rights violations in France or abroad over the course of their activities or those of their subsidiaries or subcontractors. Under this regime, the burden of proof would be on companies, enabling victims to trace the abuse to the highest level of the chain of responsibility.

…

Read more about Judicial remedy

Land

1. The State’s Obligation to Protect Human Rights

The National Framework

13. The Role of Public Agencies

The Agence Française de Développement (AFD) [page 28]

… The owners of projects with the highest social and environmental risks are asked to implement grievance management mechanisms to deal with alerts, questions, recommendations and requests from all interested parties at any time. In parallel, the AFD and PROPARCO define the structure and organization of specific grievance management mechanisms in the environmental and social fields. These mechanisms will enable third parties affected by AFD- or PROPARCO-funded projects to lodge complaints for environmental and/or social reasons (pollution, destruction of natural resources, human rights, land grabbing, forced displacement, etc.). These initiatives took effect in 2016 …

15. Economic Sectors and Human Rights

The agricultural and food sector [page 32]

The strategic importance of national food security and economic opportunities in the agricultural sector have led a number of countries and businesses to invest (and support investment) in agrifood production. Given this large-scale investment, which often involves large-scale land purchases, the international community has sought to implement guidelines and directives to regulate these projects. Two major initiatives have been launched:

  • The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (also known as the VGGT), adopted by the Committee on World Food Security (CFS) in May 2012

…

France supports and is politically, technically and financially committed to adopting and implementing these texts. Working with actors involved in French cooperation efforts, it developed the Guide to Ex-Ante Analysis of Agricultural Investment Projects that Affect Land and Property Rights to facilitate the enforcement of these principles …

Actions Underway

  • Partner States are encouraged to apply the Voluntary Guidelines on the Responsible Governance of Tenure of Land (VGGT) and the Principles for Responsible Investment in Agriculture and Food Systems (RAI).
  • Recommendations in the Guide to Ex-Ante Analysis of Agricultural Investment Projects that Affect Land and Property Rights are being integrated into the AFD’s due diligence procedures in the land, social and environmental fields.

Read more about Land

Migrant workers

III- Access to Remedy

2. Non-Judicial Mechanisms – At the International Level

2.4 The European Social Charter

In order to promote and guarantee social rights not covered in the European Convention on Human Rights, the Council of Europe drew up the European Social Charter, which was adopted in Turin in 1961. Significantly, the 1961 Charter covers … the right to protection and assistance for migrant workers and their families.

Read more about Migrant workers

National Human Rights Institutions/ Ombudspersons

Introduction

Methodology [page 4]

Given the importance the French Government places on [human rights], it formally requested an opinion from the National Consultative Commission on Human Rights (CNCDH) on 21 February 2013 in order to prepare its action plan for the implementation of the United Nations Guiding Principles.

This opinion, adopted at a plenary assembly of the CNCDH on 24 October 2013, included a wide range of recommendations for implementing the guiding principles at a high level. The CNCDH also suggested actions for pillars 1 (the State’s obligation to protect against human rights abuses by third parties, including businesses) and 3 (victims’ right to effective remedy). These recommendations can be viewed at the following address: http://www.cncdh.fr/fr/publications/entreprises-et-droits-de-lhomme (in French). Those that have not already been implemented are included in this action plan.

The CNCDH’s proposals were carefully examined by an inter-ministerial working group run by the CSR Ambassador (members included representatives from the French Ministry for Foreign Affairs and International Development, Ministry for the Economy, Ministry of Finance, Ministry of Labour, Ministry of Justice and Ministry of the Environment). This group distinguished between the recommendations it considered had already been largely implemented by the Government and could be reinforced, those that could form the basis of further proposals for action, and those that should be examined or applied in a more relevant context. This enabled them to establish an overview and develop appropriate proposals for action …

… The French Action Plan for the Implementation of the United Nations Guiding Principles on Business and Human Rights and actions implemented will be monitored and evaluated by the CNCDH, acting as an independent administrative authority, in line with the recommendation issued by the United Nations working group on business and human rights. The CNCDH will evaluate the policy implemented, issuing regular reports.

 

I- The State’s Obligation to Protect Human Rights

The European Framework

8. Trade and Investment Agreements [page 19]

In its 2013 opinion, the CNCDH underlined that “the need for coherence should guide France’s foreign policy” and recommended that, in accordance with Guiding Principle no.10, “the Government support and promote the aforementioned instruments within multilateral institutions dealing with economic, commercial and financial issues, including those that are binding, that are designed to ensure that businesses respect human rights.” …

 

The National Framework

13. The Role of Public Agencies [page 27]

In a 2013 opinion, the CNCDH recommended that the State adopt “measures designed to enable COFACE and its clients to introduce a due diligence process with regards to human rights”. It emphasized that “COFACE’s policies and procedures regarding due diligence should be disclosed, along with the projects they insure” and that “it would also be desirable for the information and assessment process adopted with regard to the impact on human rights of operations insured by COFACE to also fall within the jurisdiction of the Ministry of Foreign Affairs and/or the Ministry of the Economy and Finance, the departments of which are able to provide an analysis for each country with regards to respecting human rights, based notably on the ‘information for travellers’ that they produce.” Finally, it stated that “the annual report on the activities of COFACE submitted by France to the European Commission (in accordance with Regulation (EU) 1233/2011) should be discussed at the National Assembly and/or at the Senate and should be the subject of consultations with civil society.”

In addition, the CNCDH recommended that “representatives of civil society and users of those services that are likely to be the subject of public-private partnerships (PPPs) be given a more central role as part of an approach designed to protect and promote the most vulnerable of populations. Indeed, in order for PPPs to be useful for development purposes, it is essential that all stakeholders, including the State, community representatives and users, be kept informed and consulted at all stages of the PPP creation process.” It added that, “in accordance with Guiding Principles nos. 4 and 6, the French State should, by means of its development aid network (the AFD, PROPARCO, the Ministry of the Economy and Finance, the ADETEF, etc.), fulfil its obligation to protect by imposing a series of specifications that include exhaustive impact studies regarding human rights.”

 

II- Businesses’ Responsibility to Respect Human Rights 

5. Employee Representatives [page 43]

In its 2013 opinion, the CNCDH recommended that “employee and union representatives be kept informed and consulted and be able to express their opinions when it comes to producing a company’s management report”, as this would “improve the credibility of such reports”. It added that each company should “be obliged to indicate whether there is in fact any form of union or employee representation within each of its entities and subsidiaries.”…

… In 2013, the CNCDH recommended “including stakeholders outside of the company in the term ‘interested parties’ used in Article L.238-1 of the Commercial Code so as to enable such persons to ask the judge hearing applications for interim relief to order the company to provide any information it might not have provided in its ‘sustainable development’ report.”…

 

III- Access to Remedy

Introduction [page 46]

In its 2013 opinion, the CNCDH made the following recommendations:

“In order to bring French law into line with Guiding Principle 26, the CNCDH recommends allowing parent companies to actually be held responsible for acts committed by their foreign subsidiaries.

  • The CNCDH recommends that consideration be given to the possibility of extending the exception to the principle of legal independence of companies, which is currently limited to environmental issues, to the field of human rights.
  • Vicarious liability is an example of something that could be used in civil law to hold the parent company responsible in the event of any violation of human rights committed by its subsidiaries.
  • Drawing inspiration from the duty to protect and remedy in the environmental sphere, the CNCDH recommends that a duty of vigilance on the part of the parent company with regards to its subsidiaries be legally imposed with the aim of preventing any violations of human rights that might occur over the course of its activities.
  • It should also be possible to hold a contracting party responsible for acts committed by its subcontractors, where it is proven that the relationship with the commercial partner is likely to influence them to operate in a way that is more human rights-friendly.
  • With regards to criminal matters, the CNCDH recommends that the competent authorities consider the issue of extending the extraterritorial jurisdiction of French criminal courts. French courts should be able to consider themselves competent with regards to certain offences committed abroad by French companies without being subject to the dual criminality requirement.
  • With regards to civil matters, the CNCDH recommends that the government extend the notion of extraterritoriality to the parent company in the case of violations of human rights committed by a foreign subsidiary.
  • The CNCDH believes it would be desirable for subsidiary jurisdiction based on the denial of justice to be granted in civil matters in the event that the State competent for recognising detrimental acts on the part of the subsidiary is deemed unable or does not want to initiate and see through to their conclusion legal proceedings.
  • The CNCDH recommends that France extend this consideration of the possibility of attributing greater responsibility in civil and criminal matters to businesses for their international activity in the framework of the discussions currently under way in the European Union.”

 

1. Judicial Mechanisms – At the National Level

1.4 Proceedings

Collective Actions [page 51]

In its opinion dated 24 October 2013, the CNCDH recommended “extending collective action, to matters relating to the environment and health in particular. It is also essential that any French or foreign individual or legal entity residing in France or abroad be able to get involved in any collective action initiated against a French company.”…

1.5 The Denial of Justice [page 52]

… In its 2013 opinion, the CNCDH stated that “it would be desirable for subsidiary jurisdiction based on the denial of justice to be granted in civil matters in the event that the State competent for recognising detrimental acts on the part of the subsidiary is deemed unable or does not want to initiate and see through to their conclusion legal proceedings.”

 

2. Non-Judicial Mechanisms – At the International Level

2.1 The OECD National Contact Point (NCP) [page 54]

… The French NCP has also made it easier to call on external technical experts at any time, as seen during the Rana Plaza hearings and meetings with the CNCDH …

 

At the National Level

2.5 The Defender of Rights [page 58]

The Defender of Rights, whose legal authority has been enshrined in the Constitution, was created in 2011. This independent administrative entity has jurisdiction to deal with subjects in four specific areas.

Any individual or legal entity can call on the Defender of Rights when they consider that they have been discriminated against or when they observe public or private representatives of law and order (police officers, customs officers, security guards, etc.) engaging in improper conduct.

The Defender of Rights can also be called on to address difficulties in dealing with public services (the Family Allowances Fund or CAF, the national employment agency or Pôle emploi, retirement funds, etc.).

Lastly, the Defender of Rights can be called on whenever someone considers that a child’s rights are not being respected.

Complaints can be lodged by way of an online form, a letter, or through one of the Defender’s deputies.

This Defender of Rights replaces four previous entities: the Mediator of the Republic, the Defender of Children, the High Authority in the Fight against Discrimination and for Equality (HALDE), and the National Commission on Security Ethics (CNDS).

Given the Defender of Rights’ jurisdiction over discrimination-related matters, he/she plays a role in dealing with cases and mediation proceedings concerning CSR.

Read more about National Human Rights Institutions/ Ombudspersons

Non-financial reporting

I- The State’s Obligation to Protect Human Rights

The International Framework [page 13]

… France also chairs the Group of Friends of Paragraph 47 of the Rio+20 Declaration. This group promotes sustainable development reporting to better ensure that economic actors respect social, environmental, good governance and human rights standards. This group successfully advocated for reporting to be reinforced and extended to all SDGs. …

Actions Underway [page 16]

  • Working with the Group of Friends of Paragraph 47 of the Rio+20 Declaration, France supports the reinforcement of reporting requirements in the environmental, social and governance fields, especially with respect to the implementation of the Sustainable Development Goals adopted on 25 September 2015.

 

The European Framework

7. The European Union (EU) [page 17]

France has played an important role in ensuring that these issues are high on the European agenda, particularly with respect to the adoption of the European directive on binding non-financial reporting, which France actively supported during negotiations. It also promoted the inclusion of social, environmental and governance standards in trade and investment agreements (see section 8 below). It helped to ensure that the conclusions of the Council of the EU under the Dutch Presidency were adopted, supporting the enforcement of the UN Guiding Principles on Business and Human Rights and their integration into development policy. …

Footnote: See Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups, OJ L 330 of 15 November 2014.

Actions Underway

  • France has made human rights a requirement in non-financial reporting following the transposition of European Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups.

 

The National Framework

10. The Reinforcement of Legislation [page 23]

Recent public policies have led France to adopt new legislative measures supporting CSR.

… France also played a key role in developing transparency obligations for companies at the European level. It was the main supporter of the draft directive on non-financial reporting obligations, published on 22 October 2014, which requires large European listed companies to publish reports on their social, environmental, human rights and corruption policies. France encouraged the European Commission to take an ambitious approach when adopting the guidelines discussed in the directive. The directive is currently in the final stages of being transposed into French law. This will reinforce existing non-financial reporting requirements for companies. …

13. The Role of Public Agencies

Actions to be Implemented [page 30]

  • Make the [Agence Française de Développement] AFD funding for businesses conditional on implementing or undertaking to implement non-financial reporting and a CSR due diligence plan for projects, or on the enforcement of host country or international standards.

…

15. Economic Sectors and Human Rights

The Financial Sector [page 35]

… One of the instruments France has implemented for businesses is increased transparency by way of non-financial reporting requirements.

There have been a number of voluntary international initiatives by the financial sector to promote human rights (the Equator Principles, UNEP Finance Initiative, the development of Socially Responsible Investment, and the Global Compact). However, France has implemented a regulatory framework that is relatively unique in that some of its provisions specifically target this sector (the Grenelle II Act of 12 July 2010).

Actions Underway [page 36]

  • … France is examining whether to extend environmental, social and governance reporting requirements for institutional investors in Europe to cover human rights.

 

II- Businesses’ Responsibility to Respect Human Rights

Introduction

In March 2015, the National CSR Platform agreed on the following points with respect to due diligence [page 38]

  • … Defining the operational content of reasonable due diligence processes for companies in due diligence plans. These plans would distinguish between subsidiaries and subcontractors given the different due diligence processes applicable to each of these cases. The goal of these plans would be to identify and prevent human rights and environmental risks resulting from business operations. The French NCP’s work on the textile and garment sector could be a useful reference. Parent companies and outsourcing companies would have to disclose the due diligence processes they implement, in compliance with the European directive on non-financial reporting.

1. Charters and Codes of Conduct

Existing Tools [page 39]

…

6. Reporting [page 44]

Businesses must monitor the human rights measures they adopt and disclose on their initiatives in this field.

Under European Directive 2014/95/EU, human rights will become one of the pillars of CSR. This position will be reflected in French reporting requirements when the directive is transposed into national law. It should be noted that human rights reporting is already a requirement under the regulatory provisions of the Commercial Code. Decree 2012-557 of 24 April 2012 on the social and environmental transparency obligations of businesses places human rights on an equal footing with other issues.

Actions Underway

  • France is continuing to implement monitoring indicators and communicate with external stakeholders on business commitments and enforcement under the UN Guiding Principles on Business and Human Rights.

Actions to be Implemented

  • Implement provisions to help transpose the European Directive on non-financial reporting into French law.

The performance of measures adopted by businesses to respect and communicate on human rights can be monitored in the following ways:

  • By using existing global and sector-specific indicators or new company-specific indicators, and by formalizing internal annual reporting systems for the actions implemented;
  • By including points to be checked in existing internal supervisory mechanisms;
  • By monitoring and addressing human rights incidents;
  • By issuing annual reports that can be viewed by the public.

Existing Tools and Responsible Practices [page 45]

Read more about Non-financial reporting

Non-judicial grievance mechanisms

III- Access to Remedy

2. Non-Judicial Mechanisms – At the International Level

2.1 The OECD National Contact Point (NCP) [page 54]

The French NCP is very active in promoting responsible business conduct and the OECD Guidelines for Multinational Enterprises. Following the Rana Plaza tragedy, the NCP stepped up its activities, especially in the field of due diligence for supply chain risks, human rights and workers’ rights. The collapse of Rana Plaza In April 2013 highlighted the importance of the latest revision of the OECD Guidelines, which led to the integration of the UN Guiding Principles adopted in June 2011. This revision also sought to make NCPs more efficient by reviewing their Procedural Guidance.

NCPs are set up to promote and monitor compliance with the OECD Guidelines for Multinational Enterprises. They are non-judicial dispute resolution bodies that support remedial measures by offering their good offices and, where possible, giving parties access to mediation. Successful remedial measures rely on an environment of trust being established between the parties and constructive dialogue being initiated between the parties and the NCP, to improve compliance with OECD recommendations.

France’s NCP is tripartite, involving government, trade union and business representatives. This structure was praised by OECD Watch in its report “Remedy Remains Rare” (June 2015). Since the French NCP was created, the State’s involvement has enabled it to adopt a balanced multi-sectorial and inter-ministerial model that is relatively unique among its peers. Its members include representatives of the Ministry of the Economy and Finance, the Ministry of the Environment, the Ministry of Social Affairs, Labour and Employment, and the Ministry of Foreign Affairs and International Development. Another unique feature of the French NCP is its broad representation of labour groups, with six national trade unions featuring among its members. The employers’ organization MEDEF represents French businesses. The French NCP’s decisions are all consensual.

Following the Procedural Guidance review, the French NCP revised its internal rules in 2012 and 2014 to improve its efficiency in dealing with requests (timeline for dealing with files, options for following up on recommendations, and enhanced communication by way of statements on the admissibility of requests, follow-up statements and statements issued during the processing of files). The French NCP has also made it easier to call on external technical experts at any time, as seen during the Rana Plaza hearings and meetings with the CNCDH.

The revision of the French NCP’s internal rules has also improved the transparency of its work and helped structure dialogue with civil society. The NCP now holds an annual information meeting and an annual consultation meeting with organizations representing civil society. During these meetings, it presents its activity report and decisions, discusses current issues regarding responsible business conduct, and highlights the OECD’s role supporting responsible business conduct (through the Global Forum, consultative groups, sector-specific guides, roundtables, etc.). The NCP’s website is regularly updated, and features links to statements on requests, decisions and activities (activity reports, request dashboards, lists of promotional activities), as well as information on the OECD Guidelines for Multinational Enterprises and Global Forum on Responsible Business Conduct launched by the OECD in 2013.

In addition, the French NCP has recently been granted additional resources, with the promotion of the Chairman to the position of Advisor to the Director-General of the Treasury in 2012, and the appointment of a full-time Secretary-General in 2013 (who is an agent of the Directorate-General of the Treasury). The NCP’s main tool is the publication of decisions, which was reinforced following the 2011 revision. The NCP’s decisions are all made public and include case details and explanations, subject to confidentiality requirements. The NCP is committed to providing detailed answers to questions asked by complainants, including those concerning compliance with the OECD Guidelines, which is optional under the Procedural Guidance. If applicable, the NCP rules on non-compliance or partial compliance with the Guidelines, which not all NCPs do. In addition to offering good offices, the French NCP can rule on the feasibility of mediation, which it can perform directly if the parties agree to be bound by its ruling. If necessary, the NCP issues recommendations to parties. It can decide to follow up on decisions, including in the long term (see the specific instances on the Groupe Michelin in India and Socapalm – Groupe Bolloré in Cameroon, as well as the Rana Plaza report). Lastly, it can use all modern means of communication to contact complainants based abroad.

In 2013, the OECD launched an ambitious programme in which the French NCP is very involved. It is participating in innovative actions such as the horizontal review process (for example, dealing with NCP requests and communications), the sharing of experiences and regional capacity-building seminars for NCPs. The French NCP is also taking part in the peer review process, and is currently chairing a peer review of the Italian NCP. These actions are part of the OECD’s Action Plan to Strengthen National Contact Points36 and the G7 Action Plan of 13 October 2015, which seek to establish good practices for the entire NCP network,
ensuring that they are functionally equivalent. However, the decisions issued by NCPs are non-binding legal instruments. As such, NCPs cannot force a business to comply with the OECD Guidelines, even when they rule that these guidelines have been breached.

Actions Underway [page 55]

  • NCPs could play a key role in supporting access to remedial measures and promoting responsible business conduct and the OECD Guidelines around the world. France is therefore advocating that the OECD increase its support to NCPs so they can improve coordination, become functionally equivalent, develop procedures for sharing information and make the NCP network more dynamic.
  • In order for the French NCP to continue being one of the most efficient NCPs in terms of fulfilling its goals and responding to new requests, France recommends allocating sufficient operating resources to allow it to perform its duties.
  • The French NCP will continue to support other NCPs and take part in peer reviews, including a peer review of its own operations.

Actions to be Implemented [page 56]

  • Reinforce the NCP’s tools supporting dialogue with civil society by optimizing provisions in its internal rules (annual information meetings, annual meetings to discuss issues with civil society, calling on experts as required).

2.2 ILO Enforcement Mechanisms [page 56]

A unique international enforcement mechanism exists for International labour standards, ensuring that States apply the conventions they ratify. The ILO regularly checks whether these conventions are being correctly applied and highlights areas for improvement. If countries encounter difficulties in applying standards, it provides help in the form of social dialogue and technical assistance.

Two ILO bodies examine the reports submitted by Member States describing the steps they have taken in law and practice to apply the conventions, as well as the related observations formulated by employers’ and employees’ organizations. These bodies are the Committee of Experts on the Application of Conventions and Recommendations and the tripartite Conference Committee on the Application of Conventions and Recommendations.

There are also three specific procedures for examining representations and complaints: the procedure for examining representations about the failure to observe ratified conventions, the procedure for examining complaints about the failure to observe ratified conventions, and the special procedure for examining complaints about freedom of association (heard by the Committee on Freedom of Association).

Lastly, Article 37.2 of the ILO Constitution provides for the creation of a tribunal to hear disputes or questions relating to the interpretation of conventions.

Actions to be Implemented

  • Ensure that fundamental labour standards are applied in France and support their universal application by encouraging ILO to establish stricter enforcement mechanisms for States.
  • Encourage discussion on the social coherence of economic, financial and trade policies which would increase the ILO’s importance and influence among the institutions involved in the multilateral system and lead to the introduction of social conditions.

2.3 The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights [page 57]

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESC) was ratified by France on 18 March 2015 and took effect three months later on 18 June 2015. The Protocol does not create new obligations for France, but constitutes an additional means of enforcing the obligations it entered into when ratifying the ICESC in 1980. These obligations require it to respect, protect and implement the rights mentioned in the Covenant in its territory and in the territories of other States in which it is present, particularly through public and private actors operating abroad in the economic, trade and
financial fields.

This protocol introduces a procedure for individuals or groups seeking to establish their rights under the Covenant, after exhausting all domestic remedies, to submit communications to the Committee on Economic, Social and Cultural Rights. This mechanism enables alleged victims of a violation of the Covenant who have not obtained effective remedy at the national level to access justice through the United Nations by having their case heard by an independent committee of experts, which may award compensation for harm caused.

This communication mechanism is intended to:

  • Make the application of economic, social and cultural rights more effective and encourage States to implement them;
  • Clarify State obligations in the human rights field by supporting the adoption of positive measures and access to domestic justice.

The Optional Protocol is one of a range of similar mechanisms created for international conventions in the human rights field. Communications can also be submitted to the Human Rights Committee, the Committee on the Elimination of Discrimination against Women, the Committee against Torture, the Committee on the Rights of the Child, the Committee on the Rights of Persons with Disabilities, the Committee on the Elimination of Racial Discrimination, the Committee on Enforced Disappearances and individual communication mechanisms for special procedures (the Special Rapporteur on extreme poverty and human rights, the human right to safe drinking water and sanitation, etc.).

2.4 The European Social Charter [page 57]

In order to promote and guarantee social rights not covered in the European Convention on Human Rights, the Council of Europe drew up the European Social Charter, which was adopted in Turin in 1961. Significantly, the 1961 Charter covers the right to work, the right to organize, the right to bargain collectively, the right to social security, the right to social and medical assistance, the right to the social, legal and economic protection of the family, and
the right to protection and assistance for migrant workers and their families.

The European Social Charter of 1961 was revised in 1996 to incorporate the rights mentioned in the Additional Protocol of 1988, to reinforce and improve several existing rights, and to add new rights.

France ratified the revised 1996 version of the European Social Charter, which took effect on 7 May 1999, at the same time as the 1995 Protocol providing for a system of collective complaints (ratified by 15 of the Council of Europe’s 47 Member States).

To enforce the Charter, a European Committee of Social Rights was created. This Committee adopts conclusions on the national reports submitted by State Parties, and adopts non-binding “decisions” on collective complaints lodged by national and international employers’ and employees’ organizations and NGOs. These conclusions and decisions must be approved by the Committee of Ministers of the Council of Europe.

At the National Level

2.5 The Defender of Rights [page 58]

The Defender of Rights, whose legal authority has been enshrined in the Constitution, was created in 2011. This independent administrative entity has jurisdiction to deal with subjects in four specific areas.

Any individual or legal entity can call on the Defender of Rights when they consider that they have been discriminated against or when they observe public or private representatives of law and order (police officers, customs officers, security guards, etc.) engaging in improper conduct.

The Defender of Rights can also be called on to address difficulties in dealing with public services (the Family Allowances Fund or CAF, the national employment agency or Pôle emploi, retirement funds, etc.).

Lastly, the Defender of Rights can be called on whenever someone considers that a child’s rights are not being respected. Complaints can be lodged by way of an online form, a letter, or through one of the Defender’s deputies.

This Defender of Rights replaces four previous entities: the Mediator of the Republic, the Defender of Children, the High Authority in the Fight against Discrimination and for Equality (HALDE), and the National Commission on Security Ethics (CNDS).

Given the Defender of Rights’ jurisdiction over discrimination-related matters, he/she plays a role in dealing with cases and mediation proceedings concerning CSR.

2.6 Grievance Mechanisms in Companies [pages 58-59]

Pursuant to UN Guiding Principle 29, “To make it possible for grievances to be addressed early and remediated directly, business enterprises should establish or participate in effective operational-level grievance mechanisms for individuals and communities who may be adversely impacted”, companies establish their own grievance mechanisms Their goal is to enable any affected stakeholder to question or lodge a complaint about the business’s operations.

As stated in Principle 31, in order to ensure their effectiveness, these mechanisms should be:

  • Legitimate
  • Accessible
  • Predictable
  • Equitable
  • Transparent
  • Rights-compatible
  • A source of continuous learning
  • Based on engagement and dialogue at the operational level.

In practice, grievance mechanisms in companies are generally:

  • Formal group-level mechanisms: whistleblower hotline/whistleblower procedures, mediators, etc.;
  • Mechanisms dealing with specific issues: harassment, discrimination, specific activities or specific countries;
  • Operations-level mechanisms for specific projects;
  • Institutional or voluntary bodies supporting social dialogue: works councils, international framework agreements, workplace health and safety committees, etc.

Actions to be Implemented

  • Encourage the establishment of grievance mechanisms by businesses that meet the following criteria for implementation:
    • They support dialogue, consultation and complaints for people who consider themselves adversely impacted;
    • Information is provided on the existence of these mechanisms;
    • Any complaints are dealt with at the earliest possible opportunity;
    • Reports on the implementation and/or results of these mechanisms are provided to stakeholders.

Existing tools:

  • “Rights-Compatible Grievance Mechanisms: A Guidance Tool for Companies and Their Stakeholders”, Harvard Kennedy CSR Initiative
  • “Addressing Grievances from Project-Affected Communities”, IFC

Read more about Non-judicial grievance mechanisms

OECD National Contact Points

I- The State’s Obligation to Protect Human Rights

The International Framework

3. The Organization for Economic Co-Operation and Development (OECD) [page 14]

The French National Contact Point (NCP) for the OECD Guidelines is a mediation body that aims to resolve conflicts while promoting and applying [the OECD guidelines for Multinational Enterprises]. Although the measures it applies are not binding (particularly in the legal sense), it is one of the most active of the 46 existing NCPs. Its actions to promote the OECD Guidelines include: publishing a report on the actions to be taken following the Rana Plaza tragedy,
organizing a ministerial session chaired by France and the Netherlands which took place on the sidelines of the OECD Forum on Responsible Business Conduct in June 2014, contributing to work completed by the G7 on global supply chains in 2015, and promoting the Guidelines and the work of the NCP.

The NGO coalition OECD Watch published a report analysing NCP complaints filed by NGOs over a 15-year period (which represented around 50% of all cases). It highlighted the need to reinforce the mechanisms and resources available to NCPs to improve efficiency and provide real access to remedy for victims …

… [France] is also very active in the working group developing a guide for the textile industry, following the recommendations of its NCP in this field.

 

The National Framework

15. Economic Sectors and Human Rights 

Actions for All Economic Sectors [page 32]

  • Capitalize on the observations in the French NCP’s report on the textile and garment sector and begin promoting and adapting these recommendations so they can be enforced in all sectors.

The Textile and Garment Sector [page 33]

Following the collapse of the Rana Plaza textile factory in Bangladesh in April 2013, France’s Minister for Foreign Trade at that time asked the OECD National Contact Point (NCP) to clarify the scope of the OECD Guidelines with respect to outsourcing companies’ supply chains, and to issue recommendations reinforcing the application of these guidelines so such negligence could be prevented in the future.

The NCP report, produced following hearings with all parties involved, was submitted to the Minister and published online on 2 December 2013. It addresses all actors, and establishes a full range of measures which, once implemented, will enable businesses to oversee supply chains in this sector. The recommendations were shared widely, particularly with the OECD, ILO and EU, and were followed by similar reports published by the Italian and Belgian NCPs.

Following the publication of these recommendations, the OECD set up a working group to develop a guide for the enforcement of the guidelines in the textile sector, at France’s insistence. This working group brings together international organizations such as ILO, the private sector, civil society, NCPs and States. The guide will include reinforced due diligence measures to be implemented in this specific sector. The OECD has also planned to set up a platform for shared dialogue and good practices …

… the NCP is continuing to implement and build on its recommendations, particularly in order to harmonize auditing baselines and mutualize supplier audits.

Actions Underway

  • France is continuing to raise awareness of the NCP report issued on 2 December 2013, and monitor the implementation of its recommendations in the French textile, garment and distribution sectors.

The Financial Sector [page 35]

… In a statement dated 27 May 2013, the OECD’s Norwegian NCP specified that like other enterprises, investors are expected to comply with due diligence requirements recommended by the OECD Guidelines for Multinational Enterprises regarding the respect and protection of human rights including in relation to minority shareholdings …

 

II- Businesses’ Responsibility to Respect Human Rights

Introduction

In March 2015, the National CSR Platform agreed on the following points with respect to due diligence [page 38]

…

  • Defining the operational content of reasonable due diligence processes for companies in due diligence plans. … The French NCP’s work on the textile and garment sector could be a useful reference. …

…

 

III- Access to Remedy

2. Non-Judicial Mechanisms – At the International Level

2.1 The OECD National Contact Point (NCP) [pages 54-55]

The French NCP is very active in promoting responsible business conduct and the OECD Guidelines for Multinational Enterprises. Following the Rana Plaza tragedy, the NCP stepped up its activities, especially in the field of due diligence for supply chain risks, human rights and workers’ rights. The collapse of Rana Plaza In April 2013 highlighted the importance of the latest revision of the OECD Guidelines, which led to the integration of the UN Guiding Principles adopted in June 2011. This revision also sought to make NCPs more efficient by reviewing their Procedural Guidance.

NCPs are set up to promote and monitor compliance with the OECD Guidelines for Multinational Enterprises. They are non-judicial dispute resolution bodies that support remedial measures by offering their good offices and, where possible, giving parties access to mediation. Successful remedial measures rely on an environment of trust being established between the parties and constructive dialogue being initiated between the parties and the NCP, to improve compliance with OECD recommendations.

France’s NCP is tripartite, involving government, trade union and business representatives. This structure was praised by OECD Watch in its report “Remedy Remains Rare” (June 2015). Since the French NCP was created, the State’s involvement has enabled it to adopt a balanced multi-sectorial and inter-ministerial model that is relatively unique among its peers. Its members include representatives of the Ministry of the Economy and Finance, the Ministry of the Environment, the Ministry of Social Affairs, Labour and Employment, and the Ministry of Foreign Affairs and International Development. Another unique feature of the French NCP is its broad representation of labour groups, with six national trade unions featuring among its members. The employers’ organization MEDEF represents French businesses. The French NCP’s decisions are all consensual.

Following the Procedural Guidance review, the French NCP revised its internal rules in 2012 and 2014 to improve its efficiency in dealing with requests (timeline for dealing with files, options for following up on recommendations, and enhanced communication by way of statements on the admissibility of requests, follow-up statements and statements issued during the processing of files). The French NCP has also made it easier to call on external technical experts at any time, as seen during the Rana Plaza hearings and meetings with the CNCDH.

The revision of the French NCP’s internal rules has also improved the transparency of its work and helped structure dialogue with civil society. The NCP now holds an annual information meeting and an annual consultation meeting with organizations representing civil society. During these meetings, it presents its activity report and decisions, discusses current issues regarding responsible business conduct, and highlights the OECD’s role supporting responsible business conduct (through the Global Forum, consultative groups, sector-specific guides, roundtables, etc.). The NCP’s website is regularly updated, and features links to statements on requests, decisions and activities (activity reports, request dashboards, lists of promotional activities), as well as information on the OECD Guidelines for Multinational Enterprises and Global Forum on Responsible Business Conduct launched by the OECD in 2013.

In addition, the French NCP has recently been granted additional resources, with the promotion of the Chairman to the position of Advisor to the Director-General of the Treasury in 2012, and the appointment of a full-time Secretary-General in 2013 (who is an agent of the Directorate-General of the Treasury). The NCP’s main tool is the publication of decisions, which was reinforced following the 2011 revision. The NCP’s decisions are all made public and include case details and explanations, subject to confidentiality requirements. The NCP is committed to providing detailed answers to questions asked by complainants, including those concerning compliance with the OECD Guidelines, which is optional under the Procedural Guidance. If applicable, the NCP rules on non-compliance or partial compliance with the Guidelines, which not all NCPs do. In addition to offering good offices, the French NCP can rule on the feasibility of mediation, which it can perform directly if the parties agree to be bound by its ruling. If necessary, the NCP issues recommendations to parties. It can decide to follow up on decisions, including in the long term (see the specific instances on the Groupe Michelin in India and Socapalm – Groupe Bolloré in Cameroon, as well as the Rana Plaza report). Lastly, it can use all modern means of communication to contact complainants based abroad.

In 2013, the OECD launched an ambitious programme in which the French NCP is very involved. It is participating in innovative actions such as the horizontal review process (for example, dealing with NCP requests and communications), the sharing of experiences and regional capacity-building seminars for NCPs. The French NCP is also taking part in the peer review process, and is currently chairing a peer review of the Italian NCP. These actions are part of the OECD’s Action Plan to Strengthen National Contact Points and the G7 Action Plan of 13 October 2015, which seek to establish good practices for the entire NCP network,
ensuring that they are functionally equivalent.

However, the decisions issued by NCPs are non-binding legal instruments. As such, NCPs cannot force a business to comply with the OECD Guidelines, even when they rule that these guidelines have been breached.

Actions Underway 

  • NCPs could play a key role in supporting access to remedial measures and promoting responsible business conduct and the OECD Guidelines around the world. France is therefore advocating that the OECD increase its support to NCPs so they can improve coordination, become functionally equivalent, develop procedures for sharing information and make the NCP network more dynamic.
  • In order for the French NCP to continue being one of the most efficient NCPs in terms of fulfilling its goals and responding to new requests, France recommends allocating sufficient operating resources to allow it to perform its duties.
  • The French NCP will continue to support other NCPs and take part in peer reviews, including a peer review of its own operations.

Actions to be Implemented

  • Reinforce the NCP’s tools supporting dialogue with civil society by optimizing provisions in its internal rules (annual information meetings, annual meetings to discuss issues with civil society, calling on experts as required).

Read more about OECD National Contact Points

Persons with disabilities

III – Access to Remedy

2. Non-Judicial Mechanisms – At the International Level

2.3 The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights [page 56]

… This protocol introduces a procedure for individuals or groups seeking to establish their rights under the Covenant, after exhausting all domestic remedies, to submit communications to the Committee on Economic, Social and Cultural Rights. … Communications can also be submitted to … the Committee on the Rights of Persons with Disabilities …

Read more about Persons with disabilities

Policy coherence

I- The State’s Obligation to Protect Human Rights

8. Trade and Investment Agreements [page 19]

In its 2013 opinion, the CNCDH underlined that “the need for coherence should guide France’s foreign policy” and recommended that, in accordance with Guiding Principle no.10, “the Government support and promote the aforementioned instruments within multilateral institutions dealing with economic, commercial and financial issues, including those that are binding, that are designed to ensure that businesses respect human rights.” …

… France discussed CSR issues in a report on its international trade strategy and European trade policy (December 2015), clearly indicating that CSR is a concern addressed in its trade policies. …

Actions Underway [page 21]

  • France has undertaken to promote the UN Guiding Principles in its trade relations with other States and confirms its commitment to the hierarchy of norms when signing trade and investment agreements.
  • France also checks that all trade and investment agreements comply with international human rights law.

Read more about Policy coherence

Privatisation

The French NAP does not make an explicit reference to privatisation.

Read more about Privatisation

Public procurement

I- The State’s Obligation to Protect Human Rights

The National Framework

10. The Reinforcement of Legislation [page 23]

Recent public policies have led France to adopt new legislative measures supporting CSR.

…

  • Article 13 of the SSE Act seeks to ensure that more public purchases are made from socially responsible businesses (many of which are part of the SSE) and that better use is made of social clauses in procurement contracts. It states that, if a maximum annual procurement amount is exceeded, contracting authorities must adopt schemes promoting socially responsible purchases. This article came into force on 1 February 2015 (Decree of 28 January 2015).

…

11. The Inter-Ministerial Exemplary Administration Action Plan and the National Action Plan for Sustainable Public Procurement [page 25]

On 17 February 2015, the Prime Minister issued instructions concerning the 2015-2020 Inter-ministerial Exemplary Administration Plan, on the basis of which each ministry was requested to draw up its own exemplary administration plan. These plans must outline initiatives to be implemented by 2020 in the fields of energy saving, sustainable mobility, resource consumption, waste reduction and biodiversity preservation. They may also address social and societal impacts as part of their focus on social and environmental responsibility.

Public Procurement Policy 

Under Article 15 of Decree 2016-360 of 25 March 2016, contracting authorities may choose to include general administrative terms and conditions in public contracts. These terms and conditions cover general rather than specific provisions (performance of services, payment, auditing of services, presentation of subcontractors, deadlines, penalties, general conditions, etc.). Article 6 of these terms covers the protection of labour and working conditions, and states that contract holders must respect the working conditions set down in the labour laws and regulations of the country in which workers are hired or, otherwise, ILO’s eight fundamental conventions where these have not been incorporated into the country’s laws and regulations.

The National Action Plan on Sustainable Public Procurement seeks to help the State, local government and hospitals make sustainable purchases as per Ordinance 2015-899 of 23 July 2015 and Decree 2016-360 of 25 March 2016 on public procurement.

This national action plan encourages those making purchases for the State or local government to introduce social and environmental clauses in public contracts. To this end, it sets specific targets for social and environmental provisions. These targets may be reflected in special requirements in the tender’s terms and conditions, specific criteria used to select suppliers’ bids and/or performance clauses supporting social and/or environmental progress that are applicable to successful tenders. A register (of public procurement contracts worth over €90,000 with provisions) is kept by France’s Economic Observatory for Public Procurement, with the results being published annually.

The new legal framework for public procurement gives purchasers several ways of addressing social and environmental impacts. Having transposed Article 57 of Directive 2014/24/EU of 26 February 2014 on public procurement, French law now states that public contracts may not be awarded to economic operators that have been found guilty of fraud, corruption or the trafficking or exploitation of human beings (Article 45 of Ordinance 2015-899). Article 59 of Decree 2016-360 obliges public purchasers to reject bids that do not comply with applicable laws, particularly in the social and environmental fields. Transposing Article 69 of the abovementioned directive, the decree also enables purchasers to reject tenders that are abnormally low because they do not respect applicable environmental,
social and labour obligations established by French law, European law, collective agreements or by international environmental, social and labour law provisions (Article 53 of the abovementioned ordinance and Article 60 of the abovementioned decree). This also applies to subcontractors (Article 62 of the abovementioned ordinance and Article 133 of the abovementioned decree). Finally, over and above the analysis of tenders, Article 18 of Directive 2014/24 requires Member States to “take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by (…) international environmental, social and labour law provisions.”

Actions Underway [page 26]

  • The State and local government are committed to promoting and respecting the UN Guiding Principles in all of their activities—as lawmakers, employers and producers.
  • The State is committed to ensuring that businesses in which it holds shares respect human rights and the environment.
  • France ensures that the UN Guiding Principles and other established international texts are respected in public procurement guides, public procurement policies and training for purchasers.

Read more about Public procurement

Security sector

II- Businesses’ Responsibility to Respect Human Rights

Introduction

Actions Underway [page 37]

  • France encourages businesses to adhere to the UN Global Compact or other voluntary initiatives such as ISO 26000 or the Voluntary Principles on Security and Human Rights, which help spread the UN Guiding Principles.

Read more about Security sector

Small & medium-sized enterprises

II- Businesses’ Responsibility to Respect Human Rights

Introduction [page 37]

… Given the complexity of this issue, companies must continue efforts to develop tools and good practices in the human rights field, at all levels of the production chain. Not only does this allow them to meet their obligations, it is also a key factor in their long-term viability and the image they project to investors and the public. To help companies, especially SMEs, manage this logistically and financially challenging process, a wide range of tools and support is available from actors in the public and private sectors. Most of these resources are free, publicly available and adaptable to business requirements. …

2. Training and Information for Businesses [page 39]

… Thanks to the implementation of innovative partnerships between the public, private and nonprofit sectors, regional movements are providing information, raising awareness, offering training and supporting actions to defend and promote human rights. Regional business networks are also committed to human rights, women’s rights and the rights of newcomers, workers, vulnerable populations, etc. These networks, which support multi-stakeholder dialogue and operations, develop tools and initiatives adapted to the needs of businesses (micro, small, medium and large enterprises) using cooperative approaches. …

3. Risk Analysis and Impact Assessment 

Practical Tools Addressing Specific Issues

At the European Level

…

  • The CSR Compass (2005), a self-assessment tool supporting CSR policies for Danish businesses, with a special focus on SMEs and businesses with an international presence.

…

Read more about Small & medium-sized enterprises

State Owned Enterprises/ Public Private Partnerships

I- The State’s Obligation to Protect Human Rights

The National Framework

13. The Role of Public Agencies [page 27]

… In addition, the CNCDH recommended that “representatives of civil society and users of those services that are likely to be the subject of public-private partnerships (PPPs) be given a more central role as part of an approach designed to protect and promote the most vulnerable of populations. Indeed, in order for PPPs to be useful for development purposes, it is essential that all stakeholders, including the State, community representatives and users, be kept informed and consulted at all stages of the PPP creation process.” It added that, “in accordance with Guiding Principles nos. 4 and 6, the French State should, by means of its development aid network (the AFD, PROPARCO, the Ministry of the Economy and Finance, the ADETEF, etc.), fulfil its obligation to protect by imposing a series of specifications that include exhaustive impact studies regarding human rights.” …

Read more about State Owned Enterprises/ Public Private Partnerships

Supply chains

I- The State’s Obligation to Protect Human Rights

The International Framework

3. The Organisation for Economic Co-Operation and Development (OECD) [page 14]

The French National Contact Point (NCP) for the OECD Guidelines is a mediation body that aims to resolve conflicts while promoting and applying these guidelines. …

…  Its actions to promote the OECD Guidelines include: …, contributing to work completed by the G7 on global supply chains in 2015, …

… Lastly, France finances actions supporting the implementation of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. …

Actions Underway [page 16]

  • France seeks to ensure that the issues of … supply chains are addressed by the G20, particularly by working with Germany, whose presidency runs from 2016 to 2017. It also seeks to build on the G7’s commitments to the UN Guiding Principles in 2015, as well as commitments made during the International Labour Conference in June 2016, one of the three themes of which was “decent work in global supply chains”.

 

The European Framework

7. The European Union (EU) [page 18]

… Following the proposal for a European regulation on the traceability of minerals from conflict zones,6 France supported an ambitious draft regulation on responsible supply chains for minerals in conflict zones and high-risk areas. The regulation on due diligence for conflict minerals was approved at a plenary session of the European Parliament in March 2017, following the political understanding announced by the Council in June 2016. France will work to ensure that it is correctly implemented and quickly evaluated so it can be reinforced if necessary. …

 

The National Framework

13. The Role of Public Agencies [page 27]

…, the National CSR Platform, in its report on the implications of corporate responsibility on businesses’ supply chains (November 2014), recommended that the due diligence measures used by the AFD and COFACE be reinforced, and that these agencies be encouraged to set up mechanisms to deal with complaints from financial beneficiaries in the event of fundamental rights abuses.

15. Economic Sectors and Human Rights

The Agriculture and Food Sector [page 32]

The strategic importance of national food security and economic opportunities in the agricultural sector have led a number of countries and businesses to invest (and support investment) in agrifood production. Given this large-scale investment, which often involves large-scale land purchases, the international community has sought to implement guidelines and directives to regulate these projects. Two major initiatives have been launched:

France supports and is politically, technically and financially committed to adopting and implementing these texts. Working with actors involved in French cooperation efforts, it developed the Guide to Ex-Ante Analysis of Agricultural Investment Projects that Affect Land and Property Rights to facilitate the enforcement of these principles. France also actively participated in the drafting of the OECD-FAO Guidance for Responsible Agricultural Supply Chains.

Actions Underway 

  • Partner States are encouraged to apply the Voluntary Guidelines on the Responsible Governance of Tenure of Land (VGGT) and the Principles for Responsible Investment in Agriculture and Food Systems (RAI).
  • Recommendations in the Guide to Ex-Ante Analysis of Agricultural Investment Projects that Affect Land and Property Rights are being integrated into the AFD’s due diligence procedures in the land, social and environmental fields.

Actions to be Implemented [page 33]

  • Ensure the VGGT and RAI are respected by French economic actors abroad. Training on the implementation of these principles and directives will be offered to government employees (in embassies and economic services) and agencies.

The Textile and Garment Sector [page 33]

… The NCP report, produced following hearings with all parties involved, was submitted to the Minister and published online on 2 December 2013. It addresses all actors, and establishes a full range of measures which, once implemented, will enable businesses to oversee supply chains in this sector. The recommendations were shared widely, particularly with the OECD, ILO and EU, and were followed by similar reports published by the Italian and Belgian NCPs.

Following the publication of these recommendations, the OECD set up a working group to develop a guide for the enforcement of the guidelines in the textile sector, at France’s insistence. This working group brings together international organizations such as ILO, the private sector, civil society, NCPs and States. The guide will include reinforced due diligence measures to be implemented in this specific sector. The OECD has also planned to set up a platform for shared dialogue and good practices.

As for the EU, it has set up a multi-stakeholder platform for the textile sector.

The G7 included the issue of supply chains in the Leaders’ Declaration issued under the German Presidency following the Elmau Summit in June 2015. This was followed by a roadmap, which was adopted by the French Ministries of Social Affairs and Development in October 2015. While the scope of these initiatives extends beyond the textile sector, approved measures will initially apply to this industry. This is the case for the “Vision Zero Fund”, which will be created to reinforce workplace safety and reduce workplace accidents in producer countries.

Meanwhile, the NCP is continuing to implement and build on its recommendations, particularly in order to harmonize auditing baselines and mutualize supplier audits.

Actions Underway

  • France is continuing to raise awareness of the NCP report issued on 2 December 2013, and monitor the implementation of its recommendations in the French textile, garment and distribution sectors.
  • France is helping to finalize the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector.
  • France is determining whether to support the “Vision Zero Fund” following the G7’s Leaders’ Declaration at Elmau.

II- Businesses’ Responsibility to Respect Human Rights

Introduction [page 37]

… companies must continue efforts to develop tools and good practices in the human rights field, at all levels of the production chain. …

Actions to be Implemented 

  • Monitor the implementation of legislation requiring some companies to disclose due diligence plans addressing subsidiary and subcontractor risks at each level of the supply chain, and, if necessary, take measures to enforce this legislation.
  • Promote social dialogue and employee expression as tools to reinforce respect for human rights at all levels of the supply chain.

…

 

III- Access to Remedy

2. Non-Judicial Mechanisms – At the International Level

2.1 The OECD National Contact Point (NCP)

… Following the Rana Plaza tragedy, the NCP stepped up its activities, especially in the field of due diligence for supply chain risks, human rights and workers’ rights. …

Read more about Supply chains

Taxation

I- The State’s Obligation to Protect Human Rights

The National Framework

13. The Role of Public Agencies

The Agence Française de Développement (AFD) [page 28]

… Currently, the AFD does not apply Article 5 of Chapter III of the Act on France’s strategy for development and international solidarity, in particular the requirement to implement measures promoting the financial transparency of businesses involved in operations, country by country. Instead, the financial operators and private sector actors with which the AFD Group and PROPARCO work are encouraged to disclose information on their turnover, profits, employee numbers and taxes paid in each country they are based in. This measure, called “country-by-country reporting”, is already compulsory for European banks.

Read more about Taxation

The 2030 Agenda for Sustainable Development

Introduction [page 4]

… The United Nations Guiding Principles are a universal road-map supporting the creation of rules to make businesses accountable in the human rights field. Their unanimous adoption was a key step towards acting on the observation that, if human development is to be sustainable in a globalized world, both public and private actors must be responsible towards the society and planet they live and operate in. …

 

I- The State’s Obligation to Protect Human Rights

Introduction [page 12]

… In the diplomacy field, France appointed an ambassador for bioethics and corporate social responsibility (CSR) in 2008.

“With the challenges of sustainable development increasingly high on the international agenda, corporate social responsibility (CSR), defined as the ways in which businesses integrate Sustainable Development Goals into their operations by controlling their societal impacts and incorporating societal expectations, is currently being negotiated in a large number of forums.”…

 

The International Framework 

1. The United Nations (UN) [page 13]

… During the World Summit on Sustainable Development on 25 September 2015, the UN adopted the 2030 Agenda, a set of 17 Sustainable Development Goals (SDGs). The SDGs apply to all UN Member States, including France. They are global goals that aim to end poverty, fight inequalities and tackle climate change. This programme builds on the eight Millennium Development Goals (MDGs).

Businesses are strongly encouraged to take measures to help attain these 17 goals, and to include their results in management reports.

France also chairs the Group of Friends of Paragraph 47 of the Rio+20 Declaration. This group promotes sustainable development reporting to better ensure that economic actors respect social, environmental, good governance and human rights standards. This group successfully advocated for reporting to be reinforced and extended to all SDGs. …

Actions Underway [page 16]

  • Working with the Group of Friends of Paragraph 47 of the Rio+20 Declaration, France supports the reinforcement of reporting requirements in the environmental, social and governance fields, especially with respect to the implementation of the Sustainable Development Goals adopted on 25 September 2015.

 

The European Framework

8. Trade and Investment Agreements [pages 20-22]

… European trade agreements incorporate CSR and adherence to international conventions on labour and the environment. EU free trade agreements all include sustainable development chapters, which contain provisions on labour law and environmental protection. These chapters also refer to CSR. … Sustainable
development chapters in EU free trade agreements and investment agreements contain two further important provisions: one prevents parties to the agreement from lowering social and environmental standards to promote trade and attract investments; the other confirms States’ right to regulate in the social and environmental fields. …

… From the French perspective, addressing these issues in free trade agreements results in a number of weaknesses:

…

  • Secondly, although trade agreements include social and environmental standards and human rights clauses taken from the main international texts on labour laws and the environment, international organizations (the UNDP, ILO, etc.) are not involved in negotiations, despite the fact they carefully monitor the implementation of these texts (through regular reports by State parties, etc.). Instead, in trade agreements, a committee meeting at least once per year is charged with monitoring the implementation of sustainable development chapters. Civil society (NGOs and nonprofit organizations) can also act as whistleblowers if these regulations are breached, although this power is not institutionalized. Discussions with civil society are generally formalized by way of an annual forum or consultative committee bringing together stakeholders from different backgrounds. …

… In 2013, France issued a number of proposals to improve the way in which social and environmental standards were addressed in European trade agreements. These proposals are still relevant. These proposals focus on five main areas:

…

  1. Improving the evaluation of sustainable development chapters through rigorous impact assessments. These impact assessments must provide a clear overview of social and environmental standards in countries negotiating agreements with the EU. France has completed a major revision of the European manual used to write these impact assessments. This could lead to progress in the field.

…

  1. Improving the enforcement of existing sustainable development chapters by reinforcing implementation mechanisms. In November 2015, the French Minister of State for Foreign Trade sent a letter to European Commissioner Cecilia Malström asking the European Commission to investigate ways of including these chapters in dispute settlement mechanisms in trade agreements.
  2. Increasing the involvement of businesses by including CSR requirements in sustainable development chapters in trade agreements. Currently, these chapters contain a short paragraph on CSR, but this should be reinforced by adding references to key international texts on the subject (particularly the OECD Guidelines).

Actions to be Implemented 

  • Ensure that sustainable development chapters in EU free trade agreements are binding and enforceable under these agreements’ dispute settlement mechanisms.

…

 

The National Framework

9. The Protection of Human Rights and the Environment: Constitutional Guarantees [page 22]

… The charter [Charter for the Environment of 2004] acknowledges a number of rights, including “the right to live in a balanced environment which shows due respect for health” (Article 1), the obligation for public policies 23 to “promote sustainable development” and “reconcile the protection and enhancement of the environment with economic development and social progress” (Article 6), the right to “have access to information pertaining to the environment” and to “participate in the public decision-taking process likely to affect the environment” (Article 7), as well as the principles of precaution and prevention in the environmental field. …

 

II. Businesses’ responsibility to respect human rights

Introduction

Actions to be implemented [page 38]

  • Help achieve the Sustainable Development Goals.

…

2. Training and Information for Businesses [page 39]

All staff members must be made aware of CSR. Because CSR involves protecting, developing and enhancing an organization’s human capital, it is dependent on training. Training is central to sustainable development, enabling people to adapt their skills to economic, professional and societal changes. Training efforts must also target appropriate populations. …

Footnote:  See the report RSE et dialogue social (CSR and social dialogue) published by the General Inspectorate of Social Affairs/General Council for the Environment and Sustainable Development in July 2013.

Existing Tools and Responsible Practices [page 40]

  • Some businesses include human rights modules in sustainable development training programmes for directors. Others offer specific training to purchasers, human resources staff, legal staff, etc.

…

5. Employee Representatives [page 43]

… In 2013, the CNCDH recommended “including stakeholders outside of the company in the term ‘interested parties’ used in Article L.238-1 of the Commercial Code so as to enable such persons to ask the judge hearing applications for interim relief to order the company to provide any information it might not have provided in its ‘sustainable development’ report.” …

Read more about The 2030 Agenda for Sustainable Development

Tourism sector

The French NAP does not make an explicit reference to the tourism sector.

Read more about Tourism sector

Trade

I. The State’s Obligation to Protect Human Rights

The European Framework

7. The European Union (EU) [page 17]

France has played an important role in ensuring that these issues are high on the European agenda, particularly with respect to the adoption of the European directive on binding non-financial reporting, which France actively supported during negotiations. It also promoted the inclusion of social, environmental and governance standards in trade and investment agreements. …

Actions Underway [page 18]

  • France has transposed the European Directive on trade secrets into national law, allowing businesses to protect trade secrets while assuring the necessary transparency of business activities and conduct, and the protection of whistle-blowers acting in the public interest.

8. Trade and Investment Agreements [page 19]

In its 2013 opinion, the CNCDH underlined that “the need for coherence should guide France’s foreign policy” and recommended that, in accordance with Guiding Principle no.10, “the Government support and promote the aforementioned instruments within multilateral institutions dealing with economic, commercial and financial issues, including those that are binding, that are designed to ensure that businesses respect human rights.”

As for the National CSR Platform, it issued the following recommendations:

  • “Promote CSR and human rights in international trade, finance and investment agreements;
  • Increase the involvement of stakeholders in impact studies completed before trade negotiations with respect to CSR;
  • Ensure social and environmental clauses are included and respected under these agreements;
  • Reinforce the monitoring and evaluation of these agreements.”

France discussed CSR issues in a report on its international trade strategy and European trade policy (December 2015), clearly indicating that CSR is a concern addressed in its trade policies.

State measures to control access to domestic markets are powerful tools when it comes to protecting and supporting businesses that respect human rights.

However, in a document dated 24 June 2016, the Committee on Economic, Social and Cultural Rights expressed its concern at “the failure to devote sufficient attention to the impact that bilateral or multilateral trade or investment agreements concluded or being negotiated by the State party or the European Union have or will have on the enjoyment of Covenant rights in the other countries that are party to those agreements. The Committee is particularly concerned by the fact that the mechanisms for settling disputes between States and investors provided for in several agreements could reduce the State’s ability to protect and achieve some of the Covenant rights (art. 2 (1)).” Indeed, most bilateral investment agreements and a growing number of bilateral and regional trade agreements implement mechanisms for investor-State dispute settlement (ISDS). ISDS enables foreign investors to bring arbitration proceedings when they consider that host States have not complied with the terms of the original agreement. ISDS makes it possible to obtain rulings against States that do not respect their commitments (for example, due to discrimination on the basis of gender, religion, nationality, etc.). In 2014, more than 600 cases were registered around the world, not including private disputes between parties whose details were kept confidential.

In 2013, the EU and the United States began negotiating a Transatlantic Free Trade Agreement (TAFTA,) also known as the Transatlantic Trade and Investment Partnership (TTIP), which originally featured an ISDS clause. The EU has suggested replacing the ISDS clause with a bilateral investment dispute court or Investment Court System until a permanent multilateral court can been established. This reform is being defended in all European trade negotiations, and has already been accepted by Canada and Vietnam.

European trade agreements incorporate CSR and adherence to international conventions on labour and the environment. EU free trade agreements all include sustainable development chapters, which contain provisions on labour law and environmental protection. These chapters also refer to CSR. Provisions mainly reiterate key existing multilateral agreements (for example, ILO’s fundamental conventions in the labour field and multilateral environmental agreements in the environmental field). They also set out cooperation mechanisms for the parties in order to support progress in these fields. Sustainable development chapters in EU free trade agreements and investment agreements contain two further important provisions: one prevents parties to the agreement from lowering social and environmental standards to promote trade and attract investments; the other confirms States’ right to regulate in the social and environmental fields.

These provisions have been included in European trade agreements since 2008. They are now systematically incorporated into agreements being negotiated, including the TTIP. The European Commission can adapt commitments to social and environmental standards based on a country’s level of development.

Otherwise, France is currently revising its model agreement for the protection of investments. In particular, it is planning to significantly reinforce provisions on CSR and the State’s capacity to regulate in the social, environmental, health and cultural fields, as per the European draft model.

From the French perspective, addressing these issues in free trade agreements results in a number of weaknesses:

  • Firstly, State-to-State dispute settlement (SSDS) mechanisms do not apply to social and environmental standards and human rights clauses. If standards are not met, consultations take place between the EU and the third country, after which an expert committee is created to suggest possible solutions. Moreover, European trade agreements do not provide for sanctions, unlike US agreements, which have lower human rights standards than those concluded by the EU. The lack of sanctions makes these provisions difficult to enforce.
  • Secondly, although trade agreements include social and environmental standards and human rights clauses taken from the main international texts on labour laws and the environment, international organizations (the UNDP, ILO, etc.) are not involved in negotiations, despite the fact they carefully monitor the implementation of these texts (through regular reports by State parties, etc.). Instead, in trade agreements, a committee meeting at least once per year is charged with monitoring the implementation of sustainable development chapters. Civil society (NGOs and nonprofit organizations) can also act as whistle-blowers if these regulations are breached, although this power is not institutionalized. Discussions with civil society are generally formalized by way of an annual forum or consultative committee bringing together stakeholders from different backgrounds.

To respect human rights and support responsible practices, social and environmental costs must be included in cost prices. The EU condemns social and environmental dumping and selling at a loss. France must encourage the international bodies to which it is party to implement measures guaranteeing fair and undistorted competition.

In 2013, France issued a number of proposals to improve the way in which social and environmental standards were addressed in European trade agreements. These proposals are still relevant.

These proposals focus on five main areas:

  1. Improving cooperation with international organizations working in the labour and environmental protection fields (ILO, UNDP, UNEP, etc.). Some of these
    organizations, particularly UN organizations, are running cooperation projects in countries currently negotiating trade agreements with the EU. Some of these cooperation activities are oriented in such a way that they directly support the social and environmental goals set down in agreements. This is the case for some countries that have just concluded trade agreements or countries benefiting from Europe’s Generalised Scheme of Preferences (GSP).10
  2. Improving the evaluation of sustainable development chapters through rigorous impact assessments. These impact assessments must provide a clear overview of social and environmental standards in countries negotiating agreements with the EU. France has completed a major revision of the European manual used to write these impact assessments. This could lead to progress in the field.
  3. Giving civil society more power to monitor these chapters. In addition to the annual forums currently planned by the European Commission, European trade agreements could give civil society (NGOs and trade unions) a formal “whistle-blower” role, denouncing breaches of social and environmental standards. The Commission has decided not to look further into this option at this stage.
  4. Improving the enforcement of existing sustainable development chapters by reinforcing implementation mechanisms. In November 2015, the French Minister of State for Foreign Trade sent a letter to European Commissioner Cecilia Malström asking the European Commission to investigate ways of including these chapters in dispute settlement mechanisms in trade agreements.
  5. Increasing the involvement of businesses by including CSR requirements in sustainable development chapters in trade agreements. Currently, these chapters contain a short paragraph on CSR, but this should be reinforced by adding references to key international texts on the subject (particularly the OECD Guidelines).

Actions Underway [page 21]

  • France has undertaken to promote the UN Guiding Principles in its trade relations with other States and confirms its commitment to the hierarchy of norms when signing trade and investment agreements.
  • France also checks that all trade and investment agreements comply with international human rights law.
  • France, working with other European partners who support this initiative, is building on proposals made to the previous European Commission (in March 2013) to reinforce social and environmental standards in free trade agreements and monitor their enforcement.

Actions to be Implemented [page 22]

  • Monitor compliance with the recommendations issued by the Committee on Economic, Social and Cultural Rights in its opinion of 24 June 2016.
  • Encourage impact assessments to be completed before and after agreements are concluded and make all free trade agreements conditional on the inclusion of human rights clauses and the prioritization of the UN Guiding Principles.
  • Ensure that sustainable development chapters in EU free trade agreements are binding and enforceable under these agreements’ dispute settlement mechanisms.
  • Support responsible businesses by giving goods and services produced in compliance with human rights obligations better access to French and European
    markets.
  • Initiate discussions on the consequences of failing to respect human rights and the inclusion of human rights in policies tackling unfair competition.
  • Contribute to debate on recognizing the concept of a group of companies in the EU. France’s General Secretariat for European Affairs will support this work and distribute relevant documentation to lead ministries, in order to guarantee inter-ministerial coordination on European issues and their assessment by European institutions.

Read more about Trade

Workers’ rights

I. The State’s Obligation to Protect Human Rights

The International Framework

2. The International Labour Organization (ILO) [page 14]

… France is committed to seeing ILO, a source of international labour laws, establish a shared reference standard based on a common interpretation of conventions. It actively supports the universal ratification process for ILO’s eight fundamental conventions. For several years, it has also underlined the need to reinforce the organization’s  supervisory system.

France is one of ILO’s more active members and has a permanent seat on the organization’s Governing Body. It adheres to and promotes the Decent Work Agenda, and fully supports the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (the MNE Declaration). The country has signed a four-year partnership agreement with the International Labour Office, which involves implementing CSR initiatives and contributing to the Better Work Programme.

Actions Underway [page 16]

…

  • France seeks to ensure that the issues of decent work, occupational health and safety and supply chains are addressed by the G20, particularly by working with Germany, whose presidency runs from 2016 to 2017. It also seeks to build on the G7’s commitments to the UN Guiding Principles in 2015, as well as commitments made during the International Labour Conference in June 2016, one of the three themes of which was “decent work in global supply chains”.

…

 

The National Framework

10. Reinforcement of Legislation [page 24]

…

  • The Act of 10 July 2014 on unfair social competition was adopted to transpose into national law the European Directive on the posting of workers, which seeks to fight illegal labour practices and fraud in this field. Not only does the act create due diligence obligations, it also provides for joint liability (over and above the requirements in the European Directive) whenever posted workers are used (it establishes the liability of project owners and principals with respect to their subcontractors and co-contractors).

…

11. The Inter-Ministerial Exemplary Administration Action Plan and the National Action Plan for Sustainable Public Procurement 

Public Procurement Policy [page 25]

Under Article 15 of Decree 2016-360 of 25 March 2016, contracting authorities may choose to include general administrative terms and conditions in public contracts. These terms and conditions cover general rather than specific provisions (performance of services, payment, auditing of services, presentation of subcontractors, deadlines, penalties, general conditions, etc.). Article 6 of these terms covers the protection of labour and working conditions, and states that contract holders must respect the working conditions set down in the labour laws and regulations of the country in which workers are hired or, otherwise, ILO’s eight fundamental conventions where these have not been incorporated into the country’s laws and regulations. …

Actions Underway [page 30]

…

  • The AFD supports the implementation of universal social protection and the promotion of initiatives to develop decent work (the creation of decent jobs, skills upgrading, training and the transition towards sustainable employment) in accordance with the AFD’s partnership with the International Labour Office and the priority areas in the ILO-France partnership agreement.

…

 

II. Businesses’ Responsibility to Respect Human Rights

2. Training and Information for Businesses [page 39]

… Thanks to the implementation of innovative partnerships between the public, private and nonprofit sectors, regional movements are providing information, raising awareness, offering training and supporting actions to defend and promote human rights. Regional business networks are also committed to human rights, women’s rights and the rights of newcomers, workers, vulnerable populations, etc. These networks, which support multi-stakeholder dialogue and operations, develop tools and initiatives adapted to the needs of businesses (micro, small, medium and large enterprises) using cooperative approaches.

Practical Tools Addressing Specific Issues [page 41]

…

  • ILO has created a business helpdesk providing questions and answers, resources and tools on issues connected with workers’ rights: discrimination, freedom of association, collective bargaining, wages and benefits, occupational safety and health, forced labour, child labour, etc. It also offers free and confidential assistance for company directors and workers.

…

III. Access to Remedy

1. Judicial Mechanisms – At the International Level

1.1 The Protocol to the ILO Forced Labour Convention (No. 29) [page 47]

France ratified the Protocol to the 1930 ILO Forced Labour Convention (no.29) on 7 June 2016. France was the fifth country to ratify the Protocol. This Protocol was adopted at the ILO International Labour Conference on 11 June 2014 in Geneva. It supplements the convention, which is one of ILO’s most ratified instruments, by dealing with new forms of forced labour.

The Protocol provides for access to appropriate and effective remedies such as compensation. It also reinforces international cooperation in the fight against forced and compulsory labour. It highlights the important role played by employers and workers in tackling this issue.

This ratification is evidence of France’s commitment to fighting all forms of forced labour and promoting the universal ratification of ILO’s fundamental conventions.

 

2. Non-Judicial Mechanisms – At the International Level

2.1 The OECD National Contact Point (NCP) [page 54]

The French NCP is very active in promoting responsible business conduct and the OECD Guidelines for Multinational Enterprises. Following the Rana Plaza tragedy, the NCP stepped up its activities, especially in the field of due diligence for supply chain risks, human rights and workers’ rights. …

2.4 The European Social Charter [page 57]

In order to promote and guarantee social rights not covered in the European Convention on Human Rights, the Council of Europe drew up the European Social Charter, which was adopted in Turin in 1961. Significantly, the 1961 Charter covers the right to work, the right to organize, the right to bargain collectively, … , and the right to protection and assistance for migrant workers and their families. …

Read more about Workers’ rights

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