Italy

NAP Development Process
Status
The ‘Piano di Azione Nazionale Impresa E Diritti Umani 2016-2021‘ or Italian National Action Plan on Business and Human Rights 2016-2021 was adopted on 15th December 2016.
At the 2018 UN Business and Human Rights Forum, Fabrizio Petri, the President of the Inter-ministerial Committee for Human Rights, announced the release of a revised NAP following a mid-term review.
Process
The NAP drafting process, which began in early 2015, was led by the Ministry of Foreign Affairs and International Cooperation and an Inter-Ministerial Committee for Human Rights (CIDU), with support from other ministries, including:
- The Ministry of Economic Development,
- The Ministry of Economy and Finances,
- The Ministry of the Infrastructures and Transports,
- The Ministry of Justice,
- The Interior Ministry,
- The Ministry of Labour and Social Policies,
- The Ministry for the Environment, Land and Sea,
- The Ministry of Agricultural, Food and Forestry Policies;
- National Institute of Statistics and
- National School of Administration.
Additionally, two working groups, one comprising institutional representatives of the different ministers and relevant administrations, intergovernmental organizations and UN agencies, and the other comprising non-institutional stakeholders (trade unions, NGOs, business representatives and associations), were set up under the direction of CIDU to prepare a preliminary draft of the NAP.
Hearings with other stakeholders were held by CIDU at the Ministry of Foreign Affairs to allow the broader participation throughout the process of elaboration and development of the document. CIDU also organized several meetings and events in several Italian cities, from Milan to Naples to Venice, to promote a constructive dialogue around business and human rights with NGOs, representatives of civil society and business. Furthermore, the multi-stakeholder events were planned by seeking and encouraging representation of the most vulnerable groups such as women, children, disabled, LGBTI people, migrants and asylum seekers, and persons belonging to ethnic and religious minorities.
In June 2016, during the course of the drafting process was held a multi-stakeholder event with the participation of Dante Pesce, Member of the UN Working Group on the issue of human rights and transnational corporations and other business enterprises.
In order to increase public participation and transparency, a draft of the NAP was posted on the CIDU website open for consultations from July 27 to September 10, 2016. This offered civil society at large the opportunity to comment on the contents by sending individual contributions to a dedicated e-mail address created by CIDU. The responses received were published online on the CIDU website.
The government presented the National Baseline Assessment – the Report on businesses and human rights: the Italian case, analysis of the legal framework and of the safeguard policies (in Italian) drafted by the Instituto Superiore Sant’Anna of Pisa and commissioned by the Secretariat of the NCP of OECD Guidelines of the MiSE to the Chamber of Deputies – on November 13, 2013. This action favoured increasing Members of Parliament’s attention towards the UNGPs, while the document itself was treated as a foundational document for multi-stakeholder consultations.
The first official statement of intent to begin developing a National Action Plan on Business and Human Rights was made with the launch of “The Foundations of the Italian Action Plan on UN Guiding Principles on Business and Human Rights (UNPGs)” to the European Commission. This was published officially in March 2014 and “sets priorities to protect and promote human rights within the UN and EU systems, to strengthen the relationship between business and human rights and to raise awareness of Italian companies in line with UNGPs in the global value chains perspective.” Following this paper, Italy has undertaken the drafting of a NAP on business and human rights (…). The development and implementation of such NAP is fully in line with Action 18 on “Advancing on Business and Human Rights” of the EU Action Plan on Human Rights and Democracy 2015- 2019, adopted by the Council of the European Union in July 2015.” [NAP, page 6].
The Italian NAP was officially released on December 15, 2016 and presented on the same day at a conference held by the Ministry of Foreign Affairs and International Cooperation.
The NAP foresees that it will be implemented in line with the Sustainable Development Goals (SDGs) and the UN Agenda 2030. This demonstrates a multi-disciplinary and wider approach of the Italian Government that is similarly found in the National Strategy on Sustainable Development adopted by the Ministry of Environment. Additionally, among the National Strategic Objectives, the document recalls the promotion of CSR and of sustainable management of natural resources. The Italian Government also recognizes in the NAP, the strong interconnection between business and human rights issues and corporate social responsibility, yet clarifies that the two policy areas are the object of two different National Action Plans.
Stakeholder Participation
According to information provided in the NAP, civil society and many other actors had an opportunity to contribute individually.
Stakeholders were members of the two working groups that were set up under the direction of CIDU to prepare a preliminary draft of the NAP.
Hearings with other stakeholders were also held by CIDU at the Ministry of Foreign Affairs to allow the broader participation throughout the process of elaborating and developing the document.
CIDU also organized several meetings and events in Italy to promote constructive dialogue around business and human rights with NGOs, representatives of civil society and business.
Transparency
In order to increase public participation and transparency, a draft of the National Action Plan was posted on the CIDU website from July 27 to September 10, 2016. This posting received many contributions and inputs from CSOs, non-governmental organizations (NGOs), as well as business associations, trade unions and companies. Contributions could be submitted by email.
On March 13, 2017, the first Workshop focused on NAP implementation was held in Rome. It was coordinated by the CIDU in collaboration with AsVis (Italian Alliance for Sustainable Development). However, the event did not clarify the timeline for implementation of the measures contained in the NAP, nor the role played by the Working Group on Business and Human Rights (GLIDU), a monitoring body, as provided for in the NAP.
National Baseline Assessment (NBA)
The structure of the document, conceived mainly for ministerial officials and industry experts, provides that each of the selected themes is the subject of a dedicated section. The sections are based on a composite search that included direct examination of legal policies and instruments, analysis of specific ministerial contributions, research in specialist publications, and interviews with experts in various disciplinary fields.
The sections are structured as follows: (1) text of the relevant Guiding Principles; (2) analysis of the relevant regulatory instruments and institutional practices at international and European level; (3) national regulatory instruments and practices; (4) assessment of compliance of national instruments and practices with the Guiding Principles; (5) specific recommendations on the steps to be taken in order to ensure compliance of national regulatory instruments and institutional practices with the Guiding Principles (and with other relevant international standards).
Additionally, the NAP states that gap analysis of the UNGPs was based both on the NBA and on the Study of University of Sant’Anna.
Follow-up, monitoring, reporting and review
The National Action Plan for 2016-2021 on Business and Human Rights will be periodically monitored and reviewed through a process of analysis and consultation with all relevant stakeholders.
To ensure implementation of the present NAP, the GLIDU is established within the CIDU and is composed of all the administrations represented in the CIDU. The GLIDU will have the task of supervising the progressive implementation of the NAP and coordinating the monitoring activities. It will also be responsible for proposing modifications and/or revisions of the measures foreseen in the Plan on the basis of either the necessity to fine tune future governmental policies or new necessities and thematic priorities that will emerge in the meetings and multi-stakeholder initiatives related to the implementation of the Plan itself.
With the aim of guaranteeing a multi-stakeholder approach, the GLIDU will work jointly with a consultative body composed of all relevant non-institutional stakeholders (business community, trade unions, NGOs, civil society organizations, human rights defenders, individual experts and representatives from academia).
In 2018, the GLIDU conducted a mid-term review to assess the results achieved and identify gaps in the actions undertaken to ensure the effective protection and advancement of human rights with regard to economic activities. The analysis was carried out with a special focus on the priorities set in the present NAP and with the aim of addressing future challenges. Following the mid-term review, Fabrizio Petri, the President of the Inter-ministerial Committee for Human Rights, announced the release of a revised NAP in November 2018 at the Annual UN Business and Human Rights Forum.
Stakeholders views and analysis on the NAP
- Shift Project: Shift Submission to Public Consultation on Italian National Action Plan, September, 2016
- European Coalition for Corporate Justice: Switzerland, Italy, Germany and the US release Business ad Human Rights National Action Plans
- Human Rights International Corner: Remarks on the Italian Action Plan on Business and Human Rights 2016-2021, May 2017
- HRIC, ECCJ, MANI TESE, FIDH : Contribution to the Italian National Action Plan on Business and Human Rights 2016-2021; 2017
- Marta Bordignon, Giacomo Maria Cremenesi: Contribution to the Italian Action Plan on Business and Human Rights; The UNGPs Third Pillar in the Italian Action Plan; as assessment of the existing NAPs and the barriers to the Italian judicial system; 2016
- Contributions submitted as part of the online consultations:
- Amnesty International Italy
- AVSI (Italian version) and AVSI (English version)
- Bulgari
- Citizen
- Confindustria
- CIDSE
- Sodalitas Foundation
- HRIC-ECCJ-FIDH-MT
- IRISS-CNR
- Maritain Institute
- Cossano Lajolo
- PBI Italy
- Shift
- Spes contra Spem
- UGL
- Unions
- Unions bis.
Additional Resources
- Italian National Action Plan on Business and Human Rights 2016-2021, 2016
- Italian Government: “The Foundations of the Italian Action Plan on UN Guiding Principles on Business and Human Rights (UNPGs), March 20, 2016
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- Imprese e Diritti Umani: Il Caso Italia Analisi Del Quadro Normativo E Delle Politiche Di Salvaguardia. Rapporto redatto dalla Scuola Superiore Sant’Anna (National Baseline Assessment), November 2013
- Business & Human Rights Resource Centre https://business-humanrights.org/en/italy-contributions-to-national-action-plan
- Questionnaire on National Action Plans on Business and Human Rights, 2016
- Survey on the implementation of the Guiding Principles on Business and Human Rights: The role of States as economic actors, 2015
- Business & Human Rights Resource Centre: Government survey results – Italy
Explore NAP by Issue
[page 5] To protect human rights, Italy undertakes to: [c]ontinue to protect, promote universal respect for, and observance of, all human rights, fundamental freedoms and non-discrimination principles, with special attention to the rights of most vulnerable groups, such as … children… [page 18] With regard to children, the Ministries for Economics Development and Foreign Affairs and International Cooperation supported the launch in June 2015 of the UNICEF Business Lab Project. The project aimed to help companies identify risks and integrate children rights in their own due diligence and management practices. In line with this approach several actions have been foreseen such as the dissemination of the UNICEF workbook on direct and indirect impact of business activities on children under 18 (Children are everyone’s business) as well as other relevant publications (Children’s Rights in National Action Plans on Business and Human Rights, 2015; Children’s Rights in Sustainability Reporting, 2013; Children’s Rights in Impact Assessment, 2013). [page 25] [page 23] Italy recognizes the importance of respecting human rights especially in conflict-affected areas whereas the promotion of human rights may yet represent a fundamental mean to guarantee peace and security. On this basis, Italy can draw on best practices of awareness raising and training activities with regard to conflict minerals, and in particular the gold sector, in line with the OECD due diligence and relevant EU regulation. Furthermore, the Government is involved in the process of elaboration of a EU Regulation “setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and gold originating in conflict affected and high-risk areas” for a responsible trading strategy from minerals from conflict zones. [page 23] (page 8) In 2017 EU passed the new Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. The Regulation meets the EU countries commitments to breaking the link between armed conflicts, crimes and illegal exploitation of minerals which often implies serious human rights abuses. EU companies in the supply chain are required to adopt due diligence to ensure they import these minerals and metals from responsible and conflict-free sources only. The new Regulation will take effect on 1 January 2021. (page 23) [page 6] … With the aim of analysing specific matters related to the Italian context, the NAP mainly focuses on six priorities representing the business and human rights areas that NAP intends to address[:] … 2. Tackling caporalato (especially in the agricultural and construction sector) and other forms of exploitation, forced labour, child labour, slavery and irregular work, with particular focus on migrants and victims of trafficking. [page 16] [page 13] The Italian Government is strongly committed to the protection of human rights and to prevent and redress abuses committed by companies and therefore: i) takes appropriate steps to boost and facilitate the enforcement of laws aimed at requiring the respect of human rights by business; ii) provides effective guidance to business through policy measures and promotion and participation to multi-stakeholder initiatives; iii) encourages enterprises to communicate how they address their human rights impacts and stimulate and disseminate best practices at national and international level. … Recent policies, legislative initiatives and implementation measures adopted by the Government include: The ‘legality rating’ was introduced in 2012 for the promotion of principles of ethical behaviourin business. The Italian Competition Authority (ICA) can issue, on request, a certification of compliance with relevant domestic legislation and of the adoption of good governance initiatives voluntarily adopted by enterprises, which entitles firms to access public funding and easier access to bank credit. One of the main aims of the ‘legality rating’ is to certify the companies’ active compliance with human rights, in particular the adherence to the guidelines provided by the Legislative Decree No. 231 of June 8th 2001 on the administrative liabilities of companies and the adoption of corporate social responsibility within their own modus operandi. The Decree No. 231 introduces essential provisions regulating the relationship between companies and the stakeholders, sanctioning enterprises that through their managers, company’s officers, subordinates (or third parties acting on behalf of the company), commit specific offences, including environmental crimes, unauthorized handling of information and crimes against the person (as listed in the Universal Declaration of Human Rights), and violate the safety rules in the workplace. The complete list of the companies that have obtained a rating, with their score, is published on the ICA website [page 14] Decree 231 of 2001 has introduced the direct liability of legal entities for specific offences (corruption, money laundering, bribery, fraud, etc.) providing for a special form of liability, which is administrative in nature but to be ascertained by a penal judge and according to criminal law procedures. In order to avoid incurring in liability, the entity shall first demonstrate that it has adopted a sound model of organization, management and control; and secondly, that it has established a mechanism/body entrusted with monitoring and supervising the compliance to the model. Law 231 is both preventive and punitive: the list of crimes falling under the application of the law has been extended over the time and it presently includes specific human rights abuses, among others, the practice of mutilation of female genitalia; child prostitution and pornography; trafficking in human beings and slavery. In 2015, new environmental crimes have been included (environmental disaster, environmental pollution, failure to decontaminate, etc.). The ‘National Action Plan Against Trafficking in and Serious Exploitation of Human Beings’ provides for preventive measures in countries of origin where exploitation and trafficking of migrants in irregular work mostly occurred. Within this framework, a 2014 Decree has established the “Rete del Lavoro Agricolo di Qualità”: a network aimed at countering irregular work in agriculture by connecting companies compliant with specific requirements under labour, social security and fiscal law (such as the application of local and national agricultural sector work agreements). Companies compliant with the requirements under labour, social security and fiscal law may apply for joining the network, and this is rewarded with special incentives. Companies listed in the network receive special benefits, such as being included in a “white list”. This list is taken in consideration by the government enforcement agencies, which prioritize their controls over companies not belonging to the network (the rule does not apply if workers or trade unions representatives ask for intervention or in case of complaints to judicial authority or other administrative authorities). Such reward mechanisms from Public Administration incentivize promising and best practices in the field of countering irregular work in the agricultural sector. In line with this approach, the Law n. 199 of 29.10.2016 “Disposizioni in materia di contrasto ai fenomeni del lavoro nero, dello sfruttamento del lavoro in agricoltura e di riallineamento retributivo nel settore agricolo” (provisions on countering undeclared labour, labour exploitation in agriculture and wages rebalance in agricultural sector), provides for measures aimed at improving the criminal prosecution of the phenomenon (through the crimes of illicit intermediation and work exploitation) with particular regard to illicit capital accumulation by exploiters and the provision of confiscation of the goods and properties acquired through the exploitation activity. The Law provides for victims’ compensation and the activation of a plan for the treatment of seasonal workers (in particular foreign ones) with the direct involvement and control of Regions on their conditions. The Law is also aimed at controlling the illicit intermediation by favouring the meeting supply and demand of jobs. On this issue a working group (composed of Ministry of Agricultural, Food and Forestry Policies; the Ministry of Labour and Social Policies; the Ministry of Justice; Regions; Industry Associations; Trade Unions and Civil Society Organizations) signed the experimental Protocol “Contro il caporalato e lo sfruttamento lavorativo in agricoltura. Cura-Legalità-Uscita dal ghetto”. [page 15] To increase cooperation activities of investigation, intensify financial controls on criminal groups’ profits and ensure punishment for transnational organizations profiting on migrants smuggling and human trafficking, in line with the Legislative Decree 24 of 2014 (transposing the EU Directive 2011/36) on February 2016, the Italian Government has adopted the National Action Plan Against Trafficking in and Serious Exploitation of Human Beings. The Plan is aimed at defining measures and strategies of intervention for the countering and prevention of trafficking, as well as at providing for actions of awareness-raising, social prevention, and social integration of victims. International Development Cooperation represents for Italy an instrument for creating stable relationships between countries and also a means of human rights and solidarity promotion; in this respect, the “General Rules Governing International Development Cooperation” define a ‘governance architecture’ for the development cooperation system, whose coherence and policy coordination will be ensured by the Inter-ministerial Committee on Development Cooperation (CICS), a task force made up of relevant ministries. The National Council for Development Cooperation has also been established, including the main public and private, profit and nonprofit actors in the field of international development cooperation. [page 15-16] [page 17] [page 13] Decree 231 of 2001 has introduced the direct liability of legal entities for specific offences (corruption, money laundering, bribery, fraud, etc.) providing for a special form of liability, which is administrative in nature but to be ascertained by a penal judge and according to criminal law procedures… [page 15] [page 21] …The Italian Anti-Corruption Authority (A.N.AC.) furthermore supervises and regulates the entire public procurement market in order to ensure compliance with: i) the principles of legitimacy and transparency; ii) the effective performance of contracts; iii) anti-corruption rules… [page 22] The Italian NAP does not make an explicit reference to Data Protection and Privacy. The Italian NAP does not make an explicit reference to Development Finance Institutions. Planned measures: – Ensuring the full implementation of Law 221/2015 on green economy, including in particular the elaboration of a ‘Green Act’, a reviewed ‘National Sustainable Development Strategy’, a ‘National Plan on Sustainable Consumption and Production’ and the establishment of a ‘Committee on Natural Capital’ to promote environmental sustainability and foster investments in the green economy; these measures will be developed taking into due consideration the development of the relevant European Union frameworks such as the Climate-energy Package 2030 and the Circular Economy Package as well as according to Agenda 2030 and the Paris Agreement; – page 16 [page 5] …To protect human rights, Italy undertakes to: [page 7] …With the aim of analysing specific matters related to the Italian context, the NAP mainly focuses on six priorities representing the business and human rights areas that NAP intends to address… 6. Promoting Environmental Protection and Sustainability. [page 9] The Italian Government recognises the importance of supporting voluntary approaches of human rights respect and promotion by business as fundamental ways towards the growing of new corporate cultures and strategies inspired by social values and sustainable principles. This is particularly true with reference to the Agenda 2030 and to the role that business is called to play in the SDGs implementation. In line with the principles set out in the II Pillar of the UNGPs, and as recalled by the CoE Recommendation (2016/3), enterprises are called to respect human rights by conducting their economic activities both within national borders and abroad in a manner to prevent and avoid any potential direct or indirect human rights negative impact, internally …and externally (environment, community members, consumers)… [page 11] … Italian Government expects then that business enterprises comply with all domestic legislation, which includes – among others – specific provisions regarding …the protection… of the environment… … On the occasion of the Meeting of the G7 Employment and Development Ministers (Berlin, 12-13 October 2015) the “Action for Fair Production” initiative was approved by Ministers in order to foster sustainable global supply chain management in compliance with the internationally recognized labour, social, and environmental standards of the United Nations, the OECD and the ILO. [page 13] The Decree No. 231 introduces essential provisions regulating the relationship between companies and the stakeholders, sanctioning enterprises that through their managers, company’s officers, subordinates (or third parties acting on behalf of the company), commit specific offences, including environmental crimes,… [page 14] … Law 231 is both preventive and punitive: the list of crimes falling under the application of the law has been extended over the time and it presently includes specific human rights abuses… In 2015, new environmental crimes have been included (environmental disaster, environmental pollution, failure to decontaminate, etc.). [page 16] [page 17] In the field of environment protection, the promotion of high environmental standards by enterprises beyond National and EU legislation is an essential contribution to the respect, promotion and fulfillment of human rights. Particularly relevant in this context are initiatives relating to green economy taken by the Government (Ministry of Environment and Ministry of Economic Development) in partnership with relevant stakeholders (such as national research centres, universities, business enterprises and environmental associations at national and international level) and other international actions undertaken in the field of countering climate change. [page 19] [page 21] … Italy fully adheres to the principles of enforcement of socially responsible procurement and is engaged in ensuring that the respect for human rights is taken into consideration in all procurement stages … … Export Credit Agencies and Investment Insurance Agencies (ECAs) provide government-backed loans, insurance and guarantees to support business enterprises industrial projects abroad, especially with regard to complex and risky environment. The strategic role of these public agencies (SACE and SIMEST) make them more exposed to the risk of being associated or linked with human rights infringement: they both apply the OECD Recommendation on Common Approaches and Environmental Due Diligence and conduct risk analysis on environmental and social impact in their operations. [page 22] [page 28] … Italy also supports respect for human rights within the UNEP rights-based approach to environmental protection and sustainable development. Italy has implemented Principle 10 of Rio 1992 ratifying the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters … [page 5] To protect human rights, Italy undertakes to: [page 7] With the aim of analysing specific matters related to the Italian context, the NAP mainly focuses on six priorities representing the business and human rights areas that NAP intends to address… [page 10] Italy is fully committed to the protection and promotion of human rights. The Italian Constitution, within the framework of the basic principles of human dignity, equality and solidarity, sets forth several provisions ensuring the right to individual freedom, the right to equal treatment, the right to freedom of conscience and worship, as well as the right to freedom of expression and association, the right to a fair trial, the right to health… … [page 11] … Italian Government expects then that business enterprises comply with all domestic legislation, which includes – among others – specific provisions regarding … the right to equal treatment … [page 20] [page 22] [page 23] [page 21] …Export Credit Agencies and Investment Insurance Agencies (ECAs) provide government-backed loans, insurance and guarantees to support business enterprises industrial projects abroad, especially with regard to complex and risky environment. The strategic role of these public agencies (SACE and SIMEST) make them more exposed to the risk of being associated or linked with human rights infringement: they both apply the OECD Recommendation on Common Approaches and Environmental Due Diligence and conduct risk analysis on environmental and social impact in their operations. [page 23] Italy recognizes the importance of respecting human rights especially in conflict-affected areas, whereas the promotion of human rights may yet represent a fundamental mean to guarantee peace and security. On this basis, Italy can draw on best practices of awareness raising and training activities with regard to conflict minerals, and in particular the gold sector, in line with the OECD due diligence and relevant EU regulation. [page 23] (page 8) In 2017 EU passed the new Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. The Regulation meets the EU countries commitments to breaking the link between armed conflicts, crimes and illegal exploitation of minerals which often implies serious human rights abuses. EU companies in the supply chain are required to adopt due diligence to ensure they import these minerals and metals from responsible and conflict-free sources only. The new Regulation will take effect on 1 January 2021. [page 22] [page 26] … With regard to Criminal Law, the Italian legal system generally applies the principle of territoriality as a limit of the efficacy in space of Italian law; however, this principle is subject to exception with regard to the criminal conducts or offences against universal human values such as genocide, slavery, terrorism, etc. In particular, article 7 of the Italian penal code provides for a universal definition stating that for specific offenses the Italian penal law may apply even if the crime is totally committed abroad (outside national boundaries) both by nationals and foreigners. This article, in particular is recalled also with regard the law 231 on the administrative responsibility of entities: art. 4 of law 231 states that in cases falling under art. 7 of criminal code, the enterprise having its headquarter in the state territory is held accountable also in relation to crimes committed abroad, if the state where the offense occurred did not yet proceed against it … [page 26] [page 19] [page 28]: … An Italian non-judicial grievance mechanism is Banking and Financial Ombudsman (ABF) created in 2009 and active since 2010 through its Panels in Milan, Rome and Naples (panels are likely to be established soon in other major towns). In the course of its mandate the ABF has extended the concept of ‘customers’ to cover individuals affected by the action of an intermediary even if the parties were not bound by contract. ABF expanded its functions to deal also with pre-contractual obligations in order to protect individuals claiming that intermediaries violated the obligations of good faith – which bind the parties to adopt fair behavior while negotiating. Italy’s Update NAP (page 29) The Banking and Financial Ombudsman has competence over disputes between customers and banks and other financial intermediaries, concerning banking and financial transactions and services. In the course of its mandate, the use of ABF is significantly increased as an efficient instrument that contributes to reducing case backlogs on courts and fosters transparency of banking and financial relations. (page 29) The Italian NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors. [page 7] [page 15-16] [page 17] [page 10] …The Italian Constitution, within the framework of the basic principles of human dignity, equality and solidarity, sets forth several provisions ensuring … the right to freedom of expression and association … [page 5] To protect human rights, Italy undertakes to: [page 20] [page 23] (page 15) 8. Promote an effective implementation of Legislative Decree n.254/2016 that transposes the EU Directive 2014/95 on disclosure of non-financial and diversity information by large enterprises and groups, also through a comparative analysis realised on a sample of enterprises and aimed at analyse the effective inclusion of the human rights dimension within the non-financial reports published by business and controlled by CONSOB, also in relation to diversity and gender. (page 19) 23. Encourage companies in the dissemination of anti-discrimination culture by [page 13] The Italian Government is strongly committed to the protection of human rights and to prevent and redress abuses committed by companies and therefore: … ii) provides effective guidance to business through policy measures and promotion and participation to multi-stakeholder initiatives; … [page 18] With regard to children, the Ministries for Economic Development and Foreign Affairs and International Cooperation supported the launch in June 2015 of the UNICEF Business Lab Project. The project is aimed at helping companies identify risks and integrate children rights in their own due diligence and management practices… [page 18] … Since the 2011 review of the OECD Guidelines, the NCP developed tools to make international standards operational especially for SMEs such as the “Due Diligence Guidance for SMEs” and activities for awareness raising and pilot projects involving large companies and SMEs with the aim of spurring a proactive responsible supply chain management through training, information and assistance… … Such activities at national level are accompanied by active participation to the OECD proactive Agenda projects, such as the “OECD Sector Project on Responsible Supply Chains in the Textile and Garment Sector” and other EU and international initiatives. Other OECD guidance for due diligence are promoted among companies such as the “OECD-FAO Guidance for Responsible Agricultural Supply Chain” and the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflictaffected [page 19-20] … [page 23] (page 14) A Decree of the Ministry of Agricultural, Food and Forestry Policies has established a special agency to apply and promote this legislation [The Law 141/2015], the “Osservatorio Nazionale sull’agricoltura sociale”. The agency, with functions of monitoring and identification of training and promotion programmes in the field of social agriculture, has equal representation of State and Regions in its composition and its members are relevant personalities in the agricultural and social sectors. (page 17-18) … activities at national level are accompanied by active participation to the OECD proactive Agenda projects, aimed at the adoption, through a multi-stakeholder process, of sectoral and general due diligence guidance, such as “OECD Due Diligence Guidance for Responsible Business Conduct”, launched on May, 31 2018. The general guide represents a reference instrument for companies in the implementations of Guiding Principles. (page 26) 46. Support and promote in a multi-stakeholder framework the Guidelines on Business and Human Rights Defenders expected to be issued in 2018; [Page 9] Italy is fully committed to the protection and promotion of human rights. The Italian Constitution, within the framework of the basic principles of human dignity, equality and solidarity, sets forth several provisions ensuring …. the right to health. GP 3(a) “Enforce laws requiring business to respect human rights, assess adequacy, address gaps”; PLANNED MEASURES [page 15] [page 10] … Italy, in line with its undertakings at International level, recognizes the need of further improvements and commits to fill the legislative gaps still existing with refer to specific human rights protection mechanisms and instruments. To this purpose, the Government will: … [page 21] …Italy has adopted the Legislative decree 19 April 2016, n.50, implementing the EU Directives, introducing a framework of a “socially responsible public procurement policy” and reputational requirements in public procurement awarding. With regard to companies directly or indirectly owned by the State, and following a joint effort with the Minister of Economy and Finance, in 2015 A.N.AC. issued guidelines on:… iii) definition of risk areas and protection of whistle-blowers;… [page 30] …With the aim of guaranteeing a multi-stakeholder approach, the GLIDU (the Working Group on Business and Human Rights) will work jointly with a consultative body composed of all relevant non-institutional stakeholders (business community, trade unions, NGOs, civil society organizations, human rights defenders, individual experts and representatives from academia)… (page 4) Ensure a safe and enabling environment for human rights defenders; (page 19) 25. Promote with the assistance of Cidu and the cooperation with the NGOs, as proposed by “Ossigeno per l’Informazione” and AGCOM training programmes on business and human rights for journalists and editors. [page 7] …With the aim of analysing specific matters related to the Italian context, the NAP mainly focuses on six priorities representing the business and human rights areas that NAP intends to address…. [page 9] … According to the ‘Responsibility to Respect’, in order to prevent and avoid negative human rights impacts enterprises have to conduct processes aimed at preventing the risk of causing (or contributing to adverse human rights impact and at adopting specific measures able to mitigate eventual harmful consequences. Companies are thus expected to:… ii) set up and implement due diligence processes to identify, assess and prevent any potential human rights risks, which could be incurred in across their operations and activities (or business partners or suppliers)… [page 17] With reference to the promotion of responsible business conduct, the Italian OECD NCP is committed to implement the OECD Guidelines for Multinational Enterprises by promoting them through an in-depth dialogue with businesses, trade unions, non-governmental organizations, representatives of civil society. Since the 2011 review of the OECD Guidelines, the NCP developed tools to make international standards operational especially for SMEs such as the “Due Diligence Guidance for SMEs” and activities for awareness raising and pilot projects involving large companies and SMEs with the aim of spurring a proactive responsible supply chain management through training, information and assistance … [page 19] [page 22] [page 23] (page 8) In 2017 EU passed the new Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. The Regulation meets the EU countries commitments to breaking the link between armed conflicts, crimes and illegal exploitation of minerals which often implies serious human rights abuses. EU companies in the supply chain are required to adopt due diligence to ensure they import these minerals and metals from responsible and conflict-free sources only. The new Regulation will take effect on 1 January 2021. (page 25) The Italian NAP does make an explicit reference to HRIA. The Italian NAP makes no explicit reference to ICT. The Italian NAP does not make an explicit reference to Indigenous Peoples. [page 25] States should maintain adequate domestic policy space to meet their human rights obligations when pursuing business-related policy objectives with other States or business enterprises, for instance through investment treaties or contracts. Read more about Investment treaties & investor-state dispute settlements [page 14] Decree 231 of 2001 has introduced the direct liability of legal entities for specific offences (corruption, money laundering, bribery, fraud, etc.) providing for a special form of liability, which is administrative in nature but to be ascertained by a penal judge and according to criminal law procedures … [page 26] The Italian legal system ensures access to effective remedies to protect against human rights violations occurred within its territory: art. 24 and art.111 of the Italian Constitution guarantee the right to be heard in Court and take judicial action for the protection of his/her own rights and legitimate interests, and right to a fair trial. As far human rights abuses by business, the Italian government must indeed guarantee that victims of human rights abuses by business may exercise their right to effective remedy. The right to an effective remedy is a human right, which has to be guaranteed by a competent, independent, and impartial authority established by law. With regard to Criminal Law, the Italian legal system generally applies the principle of territoriality as a limit of the efficacy in space of Italian law; however, this principle is subject to exception with regard to the criminal conducts or offences against universal human values such as genocide, slavery, terrorism, etc. In particular, article 7 of the Italian penal code provides for a universal definition stating that for specific offenses the Italian penal law may apply even if the crime is totally committed abroad (outside national boundaries) both by nationals and foreigners. This article, in particular is recalled also with regard the law 231 on the administrative responsibility of entities: art. 4 of law 231 states that in cases falling under art. 7 of criminal code, the enterprise having its headquarter in the state territory is held accountable also in relation to crimes committed abroad, if the state where the offense occurred did not yet proceed against it. In order to facilitate awareness of the available remedies, improve the efficiency of the judicial system, and better guarantee the right of access to judicial remedy, Italy undertakes to: [page 26-27] [page 29] Italy recognizes that judicial state-based mechanisms are at the core of the State’s ability to guarantee the full access to effective remedy against human rights abuses… [page 11] … Italy, in line with its undertakings at International level, recognizes the need of further improvements and commits to fill the legislative gaps still existing with refer to specific human rights protection mechanisms and instruments.To this purpose, the Government will: … (page 16) In the field of environment protection, the promotion of high environmental standards by enterprises beyond National and EU legislation is an essential contribution to the respect, promotion and fulfilment of human rights. Particularly relevant in this context are … issues such as land grabbing. [page 5] … To protect human rights, Italy undertakes to: [page 7] … Situations such as the distortion of market prices due to the import/export of goods and services… or the social costs of flows of migrants recruited as illegal workers in the informal economy, have serious economic implications on labour markets and on competition. In most cases, they are leading to a ‘race to the bottom’ damaging enterprises compliant with labour standards and basic human rights and perpetuating the violation of the latter … [page 7] The following priorities will be subject to regular review and update by the Business and Human Rights Steering Group: … 2. Tackling Caporalato (…) and other forms of exploitation, (…) with particular focus on migrants and victims of trafficking. [page 14] The ‘National Action Plan Against Trafficking in and Serious Exploitation of Human Beings’ provides for preventive measures in countries of origin where exploitation and trafficking of migrants in irregular work mostly occurred … [page 15] To increase cooperation activities of investigation, intensify financial controls on crime groups’ profits and ensure punishment for transnational organisations profiting on migrants smuggling and human trafficking in line with the Legislative Decree 24 of 2014 (transposing the EU directive 2011/36) on February 2016, the Italian Government has adopted the National Action Plan Against Trafficking in and Serious Exploitation of Human Beings … [page 16] [page 27] (page 15) [page 10] … Italy, in line with its undertakings at International level, recognizes the need of further improvements and commits to fill the legislative gaps still existing with refer to specific human rights protection mechanisms and instruments. To this purpose, the Government will: [page 28] Read more about National Human Rights Institutions/ Ombudspersons [page 9] … To this framework, it is important to add the need of disclosure of non-financial information (in this regard, Italy is also intervening with the transposition of the EU 95/2014) and the existence of remarkable standards such as the UNGP Reporting Framework, the OECD Guidelines on Multinational Enterprises and the Tripartite ILO Declaration, as well as other recognized European and International frameworks and standards such as Eco-Management and Audit Scheme (EMAS), the UN Global Compact, ISO26000 and the Global Reporting Initiative. [page 16] [page 19] [page 22] To achieve the goals set in Principles 4, 5 and 6, and within the overall framework of the implementation of EU directives, the Italian Government will conduct the following activities to be jointly developed and monitored by CIDU and A.N.AC: (page 15) 8. Promote an effective implementation of Legislative Decree n.254/2016 that transposes the EU Directive 2014/95 on disclosure of non-financial and diversity information by large enterprises and groups, also through a comparative analysis realised on a sample of enterprises and aimed at analyse the effective inclusion of the human rights dimension within the non-financial reports published by business and controlled by CONSOB, also in relation to diversity and gender. (page 22) 34. [text from previous NAP; Within the framework of the monitoring mechanism set in the Plan (see par. V) give special attention to due diligence of business enterprises owned or controlled by the State, including the non-financial disclosure; [page 28] As far as Non-judicial remedies are concerned, an important role is played by the specific instances offered by the Italian National Contact Point. As requested by the OECD Guidelines, the OECD NCP manages the “specific instances” through a non-judicial mechanism where the NCP offers good offices when a stakeholder considers that a multinational enterprise has adopted behaviour not compliant with the principles and recommendation set out in the Guidelines. Italy also supports respect for human rights within the UNEP rights-based approach to environmental protection and sustainable development. Italy has implemented Principle 10 of Rio 1992 ratifying the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. An Italian non-judicial grievance mechanism is the Bank and Financial Arbitrator (ABF) created in 2009 and active since 2010 through its Panels in Milan, Rome and Naples (panels are likely to be established soon in other major towns). In the course of its mandate the ABF has extended the concept of ‘customers’ to cover individuals affected by the action of an intermediary even if the parties were not bound by contract. ABF expanded its functions to deal also with pre-contractual obligations in order to protect individuals claiming that intermediaries violated the obligations of good faith – which bind the parties to adopt fair behaviour while negotiating. [page 28] [page 29] … Italy yet acknowledges the need of developing appropriate non-state based grievance mechanisms and to this purpose the Government will encourage civil society organizations, trade unions and business associations to set up and activate grievance mechanisms (such as online network and tools, corporate mechanisms, or multi-stakeholders instruments) to enable the formulation, reception, and evaluation of claims for alleged human rights abuses and the proposals of adequate remedies. [page 11] … As to OECD, the Italian Government -through its OECD NCP-gives particular attention to due diligence and responsible supply chain management, also through multi-stakeholder initiatives [page 18] With reference to the promotion of responsible business conduct, the Italian OECD NCP is committed to implement the OECD Guidelines for Multinational Enterprises by promoting them through an in-depth dialogue with businesses, trade unions, nongovernmental organizations, representatives of civil society. Since the 2011 review of the OECD Guidelines, the NCP developed tools to make international standards operational especially for SMEs such as the “Due Diligence Guidance for SMEs” and activities for awareness raising and pilot projects involving large companies and SMEs with the aim of spurring a proactive responsible supply chain management through training, information and assistance. Sustainable supply chain is indeed one of the main focus of the NCP action. In 2013, following the Rana Plaza collapse, the “Action Plan for Bangladesh” was launched with the involvement of Italian enterprises in the sector operating in Bangladesh. In this process, the NCP issued the “Report on responsible business conduct in the textile and garment supply chain. Recommendations of the Italian NCP on implementation of the OECD Guidelines for Multinational Enterprises”. Specific recommendations were given with regards to the adherence to the “Accord on Fire and Building Safety” and the participation to the “Rana Plaza Trust Fund” and for future action. In this respect, the Italian Ministry for Economic Development, together with other six Ministers of EU Countries, signed the “Statement” recommending global companies to contribute generously to the Rana Plaza Donors Trust Fund, set up to compensate victims of the accident in Bangladesh. The Bangladesh case showed the need to switch from a reactive approach to a preventive approach and in this view multi-stakeholders and collective actions are favoured and supported as they are seen more effective to tackle system issues. Such activities at national level are accompanied by active participation to the OECD proactive Agenda projects, such as the “OECD Sector Project on Responsible Supply Chains in the Textile and Garment Sector” and other EU and international initiatives. Other OECD guidance for due diligence are promoted among companies such as the “OECD-FAO Guidance for Responsible Agricultural Supply Chain” and the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict affected and High-Risk Areas. The NCP also takes direct action, cooperating with national and international organisations such as ILO and UNICEF. [page 28] As far as Non-judicial remedies are concerned, an important role is played by the specific instances offered by the Italian National Contact Point. As requested by the OECD Guidelines, the OECD NCP manages the “specific instances” through a non-judicial mechanism where the NCP offers good offices when a stakeholder considers that a multinational enterprise has adopted behavior not compliant with the principles and recommendations set out in the Guidelines … [page 28] (page 7) As for business and human rights, in 2013 the Ministry of Economic Development – NCP commissioned to the Scuola Superiore Sant’Anna a research project aimed at examining the adequacy of the Italian regulatory and institutional framework in relation to the international standards set forth in the UNGPs. The project was concluded with the publication of the final report “Imprese e Diritti Umani: il caso Italia” which includes some recommendations for the elaboration of the National Action Plan (http://pcnitalia.mise.gov.it/en/news/item/271-business-and-human-rights-the-italian-case). The study does not necessary reflect the official opinion of the Ministry of Economic Development. [page 5] … To protect human rights, Italy undertakes to: [page 16] [page 20] [page 24] Coherence on business and human rights policies and regulations across all competent Government departments and agencies both at national and local level will be ensured through an on-going dialogue, the collaboration amongst all the parties concerned and the activity of coordination among the competent governmental department by CIDU. (page 6) The present plan has the aim of contributing to guarantee a global level playing field. (page 12) Italy is strongly committed to the protection of human rights and to prevent and redress abuses committed by companies and therefore: … The Italian NAP does not make an explicit reference to privatisation. [page 21] … Italy fully adheres to the principles of enforcement of socially responsible procurement and is engaged in ensuring that the respect for human rights is taken into consideration in all procurement stages. The Italian Anti-Corruption Authority (A.N.AC.) supervises and regulates the entire public procurement market in order to ensure compliance with: i) the principles of legitimacy and transparency; ii) the effective performance of contracts; iii) anti-corruption rules. In this regard A.N.AC. and the Italian Competition Authority signed a MoU in December 2014 to establish new criteria for the assignment of the legality rating to companies. In its procurement guidelines, A.N.AC. advises the contracting authorities to include the legality rating among the criteria used to select the most economically advantageous offer. Italy has adopted the Legislative decree 19 April 2016, n.50, implementing the EU Directives, introducing a framework of a “socially responsible public procurement policy” and reputational requirements in public procurement awarding. With regard to companies directly or indirectly owned by the State, and following a joint effort with the Minister of Economy and Finance, in 2015 A.N.AC. issued guidelines on: i) public disclosure of corporate decision-making processes on the rotation of managers and executives; ii) establishment of new conflict of interest rules; iii) definition of risk areas and protection of whistle-blowers; iv) respect of the rights of workers involved … [page 22] (page 21-22) [continues from the previous NAP text] In this regard, the definition of social criteria in all the stages of the procurement stations is made according the “Minimum Environmental Criteria” (CAMs), which have been adopted with Decree of the Ministry pf Environment within the frame of the “Public Consumption Sustainability Action Plan (PAN GPP)” approved with Decree of the Ministry of Environment in cooperation with the Ministers of the Economy, Finance and Economic Development in line with article 1, comma 1126 of Law no. 296/2006 and where CAMs involve products from categories which may be at risk of human rights violation. The partial revision of the aforementioned Plan was aimed at strengthen the task of pursuing social protection and ethic goals with particular focus to human rights protection and the right to decent work in the supply chain. The traceability of the supply chain established following the investigation on products according to the Minimum Environmental Criteria which procurement stations are obliged to include in the all project documentation in line with article 34 of the new Public Procurement Code (Legislative Decree n. 50/2016), may be used also to verify the respect of specific rights related to workers, their wages and other aspects on safety and working conditions also in the supply chain. Besides the “Guida per l’integrazione degli aspetti sociali negli appalti pubblici” (adopted with Ministerial Decree of 6 June 2012) which gives indications to include social criteria in the contractual activities of public administrations by referring to minimum human rights standard and working conditions (ILO Conventions) in the supply chain of public procurement, specific indications on human rights due diligence have been integrated within the Minimum Environmental Criteria such as those defined with regard to textile products and adopted with Ministerial Decree of 11 January 2017. The Italian NAP makes no explicit reference to the security sector. [page 7] … The following priorities will be subject to regular review and update by the Business and Human Rights Steering Group (see par.V): 1. Promoting human rights due diligence processes, aimed at identify, prevent and mitigate the potential risks, with particular focus on SMEs. [page 18] … Since the 2011 review of the OECD Guidelines, the NCP developed tools to make international standards operational especially for SMEs such as the “Due Diligence Guidance for SMEs”5 and activities for awareness raising and pilot projects involving large companies and SMEs with the aim of spurring a proactive responsible supply chain management through training, information and assistance … [page 20] With specific regard to the “OECD Guidelies for Multinational Enterprises”, the Government is committed to: … (page 23) 40. Encourage the Italian commitment in favour of microfinance projects that may support and enhance local entrepreneurship within the cooperation partner countries. [page 11] Enterprises domiciled and/or operating in Italy must respect human rights throughout all their activities: the respect of fundamental human rights is a cornerstone of the economic activities as well, carried out either by public or private companies… [page 21] States have particular duties with respect to companies that they own or control and should take additional steps in relation to their duty to protect: states have the means to ensure that policies and regulations respecting human rights are monitored and implemented, and as a matter of coherence, Governments should lead by example by adopting the same behaviours expected from private companies. Italy is committed to ensure that business enterprises that: i) are owned, controlled by the State; ii) receive support, benefit from services from Government agencies; iii) contract and conduct commercial transactions with the State, operate in full compliance with human rights enshrined in domestic legislation, international regulations and standards, and soft law instruments… [page 22] … the Italian Government will conduct the following activities to be jointly developed and monitored by CIDU and A.N.AC: Read more about State Owned Enterprises/ Public Private Partnerships [page 5] To protect human rights, Italy undertakes to: … [page 11] … As to OECD, the Italian Government -through its OECD NCP-gives particular attention to due diligence and responsible supply chain management, also through multi-stakeholder initiatives. The Italian Government endorsed the G7 Declaration including the commitments related to sustainable supply chains. On the occasion of the Meeting of the G7 Employment and Development Ministers (Berlin, 12-13 October 2015) the “Action for Fair Production” initiative was approved by Ministers in order to foster sustainable global supply chain management in compliance with the internationally recognized labour, social, and environmental standards of the United Nations, the OECD and the ILO … [page 18] … Since the 2011 review of the OECD Guidelines, the NCP developed tools to make international standards operational especially for SMEs such as the “Due Diligence Guidance for SMEs and activities for awareness raising and pilot projects involving large companies and SMEs with the aim of spurring a proactive responsible supply chain management through training, information and assistance. (…) Such activities at national level are accompanied by active participation to the OECD proactive Agenda projects, such as the “OECD Sector Project on Responsible Supply Chains in the Textile and Garment Sector” and other EU and international initiatives. Other OECD guidance for due diligence are promoted among companies such as the “OECD – FAO Guidance for Responsible Agricultural Supply Chain” and the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-affected and High-Risk Areas … [page 19-20] [page 23] … Furthermore, the Government is involved in the process of elaboration of a EU Regulation “setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and gold originating in conflict affected and high-risk areas” for a responsible trading strategy from minerals from conflict zones. [page 25] (page 8) In 2017 EU passed the new Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. The Regulation meets the EU countries commitments to breaking the link between armed conflicts, crimes and illegal exploitation of minerals which often implies serious human rights abuses. EU companies in the supply chain are required to adopt due diligence to ensure they import these minerals and metals from responsible and conflict-free sources only. The new Regulation will take effect on 1 January 2021. (page 21-22) The partial revision of the aforementioned Plan [Public Consumption Sustainability Action Plan (PAN GPP)]was aimed at strengthen the task of pursuing social protection and ethic goals with particular focus to human rights protection and the right to decent work in the supply chain. The traceability of the supply chain established following the investigation on products according to the Minimum Environmental Criteria which procurement stations are obliged to include in the all project documentation in line with article 34 of the new Public Procurement Code (Legislative Decree n. 50/2016), may be used also to verify the respect of specific rights related to workers, their wages and other aspects on safety and working conditions also in the supply chain. Besides the “Guida per l’integrazione degli aspetti sociali negli appalti pubblici” (adopted with Ministerial Decree of 6 June 2012) which gives indications to include social criteria in the contractual activities of public administrations by referring to minimum human rights standard and working conditions (ILO Conventions) in the supply chain of public procurement, specific indications on human rights due diligence have been integrated within the Minimum Environmental Criteria such as those defined with regard to textile products and adopted with Ministerial Decree of 11 January 2017. The Italian NAP makes no direct reference to tax. [page 5] To protect human rights, Italy undertakes to: … [page 9] The Italian Government recognises the importance of supporting voluntary approaches of human rights respect and promotion by business as fundamental ways towards the growing of new corporate cultures and strategies inspired by social values and sustainable principles. This is particularly true with reference to Agenda 2030 and to the role that business is called to play in the SDGs implementation … [page 16] [page 19] [page 25] Italy considers it a priority to promote implementation of existing international tools on human rights in the business sector, also in line with the 2030 Agenda, within multilateral institutions and with regard to the negotiation of international treaties and agreements. States and relevant actors should adopt policies and mobilise resources to advance equitable, human rights-based and sustainable development. Italy acknowledges the link between human rights, sustainable development, and fair business competition and is aware that the lack of respect for human rights is a potential factor of distortion on international markets … The Italian NAP does not make an explicit reference to the tourism sector. [page 25] [page 7] Business impact on human rights may touch multiple subjects (such as workers, … ) in several ways (discrimination, exploitation, pollution, etc.) and within different contexts of economic activities (agriculture, textile, finance, oil and gas and so on) … [page 14] The ‘National Action Plan Against Trafficking in and Serious Exploitation of Human Beings’ provides for preventive measures in countries of origin where exploitation and trafficking of migrants in irregular work mostly occurred. Within this framework, a 2014 Decree has established the “Rete del Lavoro Agricolo di Qualità”: a network aimed at countering irregular work in agriculture by connecting companies compliant with specific requirements under labour, social security and fiscal law (such as the application of local and national agricultural sector work agreements). Companies compliant with the requirements under labour, social security and fiscal law may apply for joining the network, and this is rewarded with special incentives. Companies listed in the network receive special benefits, such as being included in a “white list”. This list is taken in consideration by the government enforcement agencies, which prioritize their controls over companies not belonging to the network (the rule does not apply if workers or trade unions representatives ask for intervention or in case of complaints to judicial authority or other administrative authorities). Such reward mechanisms from Public Administration incentivize promising and best practices in the field of countering irregular work in the agricultural sector. In line with this approach, the Law n. 199 of 29.10.2016 “Disposizioni in materia di contrasto ai fenomeni del lavoro nero, dello sfruttamento del lavoro in agricoltura e di riallineamento retributivo nel settore agricolo” (provisions on countering undeclared labour, labour exploitation in agriculture and wages rebalance in agricultural sector), provides for measures aimed at improving the criminal prosecution of the phenomenon (through the crimes of illicit intermediation and work exploitation) with particular regard to illicit capital accumulation by exploiters and the provision of confiscation of the goods and properties acquired through the exploitation activity. The Law provides for victims’ compensation and the activation of a plan for the treatment of seasonal workers (in particular foreign ones) with the direct involvement and control of Regions on their conditions … … In line with the goal of countering exploitation in the agricultural sector, the Centre of Politics and Bio economy of CREA (former INEA) within the Ministry of Agricultural, Food and Forestry Policies, and within the National Operational Project “Sicurezza per lo Sviluppo” (Safety for Development), has set up an Immigrants database with the aim of improving monitoring and control activities especially with regard to immigrants and workers recruited through racket and criminality. The tool collects data geographically (33 specific agricultural areas in about 270 municipalities for a total number of 26 productive divisions employing immigrant workers) and by monitoring seasonal work demands, consequently identifies the manpower needed over the year. [page 15] [page 21] … Italy has adopted the Legislative decree 19 April 2016, n.50, implementing the EU Directives, introducing a framework of a “socially responsible public procurement policy” and reputational requirements in public procurement awarding. With regard to companies directly or indirectly owned by the State, and following a joint effort with the Minister of Economy and Finance, in 2015 A.N.AC. issued guidelines on: … respect of the rights of workers involved…Children’s rights
I. The Statement of Commitment
Children’s Rights
Italy’s Updated NAP
PLANNED MEASURES
Conflict-affected areas
Supporting business respect for human rights in conflict-affected areas
Planned Measures
Italy’s Updated NAP
III. ITALY’S EXPECTATIONS TOWARDS BUSINESS
PLANNED MEASURES
Construction sector
C. National Priorities
PLANNED MEASURES
Corporate law & corporate governance
B. OPERATIONAL PRINCIPLES
LEGALITY RATING
THE ADMINISTRATIVE LIABILITY OF ENTITIES
IRREGULAR WORK AND AGRICULTURAL SECTOR
MIGRANTS SMUGGLING AND HUMAN TRAFFICKING
DEVELOPMENT COOPERATION
Planned Measures
Planned Measures
Corruption
THE ADMINISTRATIVE LIABILITY OF ENTITIES
Planned Measures
The State-Business Nexus
Planned Measures
Data protection & privacy
Development finance institutions
Energy sector
B. OPERATIONAL PRINCIPLES
Guiding Principle 3(a)
“Enforce laws requiring business to respect human rights, assess adequacy, address gaps”;
Environment & climate change
I. Statement of Commitment
C. National Priorities
III. Government Expectations towards business
A. Foundational Principles
LEGALITY RATING
THE ADMINISTRATIVE LIABILITY OF ENTITIES
Planned Measures
ENVIRONMENT
Planned Measures
The State-business nexus
Planned Measures
Guding Principle 27
Equality & non-discrimination
I. Statement of Commitment
C. National Priorities
A. Foundational principles
Planned Measures
Planned Measures
Planned Measures
Export credit
The State-business nexus
Extractives sector
Supporting business respect for human rights on conflict-affected areas
Planned Measures
Italy’s Updated NAP
III. ITALY’S EXPECTATIONS TOWARDS BUSINESS
Extraterritorial jurisdiction
Planned Measures
B. Operational Principles
Planned Measures
Finance & banking sector
B. Operational Principles
Guiding Principle 27
Guiding Principle 27
PLANNED MEASURES
Fisheries and aquaculture sectors
Forced labour & modern slavery
C. National Priorities
Planned Measures
Planned Measures
Freedom of association
A. Foundational Principles
Gender & women’s rights
I. Statement of Commitment
Planned Measures
Planned Measures
Italy’s Updated NAP
PLANNED MEASURES
PLANNED MEASURES
… v) put special attention to transsexual people and provide for business incentives to promote active policies which remove obstacles and support their inclusion in the job market.
24. Promote the development of monitoring activities lead by AGCOM (Agency for the guarantee in telecommunication) on gender issues in the information sector, with particular focus on journalist profession;Guidance to business
B. Operational Principles
CHILDREN’S RIGHTS
RESPONSIBLE BUSINESS CONDUCT AND OECD DUE DILIGENCE PRACTICES
and High-Risk Areas.Planned Measures
Planned Measures
Italy’s Updated NAP
IRREGULAR WORK AND AGRICOLTURAL SECTOR
RESPONSIBLE BUSINESS CONDUCT AND OECD DUE DILIGENCE PRACTICES
PLANNED MEASURES
Health and social care
IV. ITALY’S RESPONSES: CURRENT ACTIVITIES AND FUTURE COMMITTMENTS
A. FOUNDATIONAL PRINCIPLES
B. OPERATIONAL PRINCIPLES
Human rights defenders & whistle-blowers
A. Foundational Principles
The State-business nexus
V. Monitoring, Update and Dissemination of the Plan
Italy’s Updated NAP
I. STATEMENT OF COMMITMENT
PLANNED MEASURES
Human rights due diligence
C. National Priorities
III. Government’s Expectations Towards Business
RESPONSIBLE BUSINESS CONDUCT AND OECD DUE DILIGENCE PRACTICES
Planned Measures
Planned Measures
Planned Measures
Italy’s Updated NAP
III. ITALY’S EXPECTATIONS TOWARDS BUSINESS
PLANNED MEASURES
Human rights impact assessments
ICT & electronics sector
Indigenous peoples
Investment treaties & investor-state dispute settlements
B. Operational Principles
Judicial remedy
The Administrative Liability of Entities
UN Guiding Principles 25 (effective remedy) and 26 (domestic judicial mechanisms)
Planned Measures
Guiding Principles 28, 30, and 31
Land
A. Foundational Principles
Italy’s Updated NAP
ENVIRONMENT
Migrant workers
I. Statement of Commitment
B. Italy and the Guiding Principles
C. National Priorities
Irregular Work and Agricultural Sector
Migrants Smuggling and Human Trafficking
Planned Measures
Planned Measures
Italy’s Updated NAP
PLANNED MEASURES
National Human Rights Institutions/ Ombudspersons
A. Foundational Principles
Planned measures
Non-financial reporting
III. Government Expectations Towards Business
III. Government Responses: Current Activities and Future Commitments
B. Operational Principles
Planned Measures
Planned Measures
Planned Measures
Italy’s Updated NAP
Planned Measures
Planned Measures
Non-judicial grievance mechanisms
Ensuring Policy Coherence
Planned Measures
Guiding Principle 31
OECD National Contact Points
A. Foundational Principles
Responsible Business Conduct and OECD due Diligence Practices
Ensuring Policy Coherence
Planned Measures
Italy’s Updated NAP
D. BUSINESS, HUMAN RIGHTS AND CORPORATE SOCIAL RESPONSIBILITY
Persons with disabilities
I. Statement of Commitment
Planned Measures
Planned Measures
Policy coherence
Ensuring Policy Coherence
Italy’s Updated NAP
B. ITALY AND THE GUIDING PRINCIPLES
B. OPERATIONAL PRINCIPLES
iv) enhance the cooperation among law enforcement agencies.Privatisation
Public procurement
State-business nexus
Planned measures
Italy’s Updated NAP
B. OPERATIONAL PRINCIPLES
Security sector
Small & medium-sized enterprises
C. National Priorities
Responsible Business Conduct and OECD Due Diligence Practices
Planned Measures
Italy’s Updated NAP
PLANNED MEASURES
State Owned Enterprises/ Public Private Partnerships
A. Foundational Principles
The State-business Nexus
Planned Measures
Supply chains
I. Statement of Commitment
A. Foundational Principles
Responsible Business Conduct and OECD Due Diligence
Planned Measures
Supporting Business Respect for Human Rights in Conflict-Affected Areas
Planned Measures
Italy’s Updated NAP
III. ITALY’S EXPECTATIONS TOWARDS BUSINESS
B. OPERATIONAL PRINCIPLES
Taxation
The 2030 Agenda for Sustainable Development
I. Statement of Commitment
III. Government Expectations Towards Business
Planned Measures
Planned Measures
Ensuring Policy Coherence
Tourism sector
Trade
Planned measures
Workers’ rights
C. National Priorities
Irregular work and agricultural sector
Planned measures
The State-Business Nexus