Lithuania

Other Latest business and human rights news in Lithuania

Lithuania adopted its first NAP in February 2015. It does not have an expiration date. There has been no official commitment to develop a second NAP.

Available NAPs

Lithuania: 1st NAP (2015-open)

Period: 2015-open

Available in: English Lietuvos

NAP Development Process

Status

Lithuania adopted a National Action Plan on the implementation of the United Nations Guiding Principles on Business and Human Rights in February 2015.

In July 2018, Lithuania stated as part of its Voluntary National Review at the High Level Political Forum that it plans “to draw up the second national action plan on business and human rights in 2018 following the guidelines of the Organisation for Economic Cooperation and Development and the United Nations.”

Process

The intention to develop a NAP on Business and Human Rights was first articulated on 6 August 2013 by the Deputy Chancellor of the Government of the Republic of Lithuania. This was the starting point for the official drafting process which lasted from September 2013 until July 2014.

The draft document titled ‘Actions of Lithuania on the Implementation of the UN Guiding Principles on Business and Human Rights’ was submitted to the Government for approval in July 2014. The draft was prepared by the Ministry of Economy, the Ministry of Justice, the Ministry of Social Security and Labour, and the Ministry of Foreign Affairs.

On February 9, 2015 the Government of the Republic of Lithuania launched the document “Lithuania’s action plan on the implementation of the United Nations core principles on business and human rights” (NAP). The document outlines actions and measures approved by the Government of Lithuania to implement the UN Guiding Principles on Business and Human Rights.

There is no more detailed information in English about the process used to create the NAP in Lithuania and level of stakeholder engagement, if any.

The NAP does not specify any follow-up procedures for implementation of the commitments made within the NAP, and it does not provide any timeline for rewriting or updating the NAP.

Alignment of existing Corporate Social Responsibility (CSR) frameworks with the Guiding Principles

In November 2011 Lithuania welcomed the European Union initiative related to business and human rights issues – A renewed EU strategy 2011-2014 for Corporate Social Responsibility – and launched a National Program of the Government of the Republic of Lithuania (for the period of 2012-2016) as well as in the Program of the previous Government (for the period of 2008-2012). The Lithuanian Government has declared that responsible business and social responsibility of enterprises are essential pre-requisites for sustainable development. The strategic goal of the National Program is to provide necessary conditions for the development of social responsibility and to encourage companies to apply its principles in their behaviour. (…) While there is no direct reference to human rights issues, Lithuania stressed in its communication to the UN that one of the criteria for evaluating the effectiveness of the implementation of the National Program is the number of companies that have started to apply the principles of CSR (respect for human rights and rights of workers, environment protection and the fight against corruption in all its manifestations) as well as to publish public CSR reports in the Lithuanian language.

Additionally, the NAP refers to the National Strategy for Sustainable Development, and the National Programme for the Development of CSR. It also refers to the Lithuania National Progress Programme 2014-2020, in which “Task 3.3. ‘Implementation of sustainable development principles in businesses’ of the Lithuanian Progress Strategy goal 3 ‘Promotion of business productivity and sustainable development’ presents measures related to promotion of CSR and social businesses.” The National Progress Strategy also introduced horizontal principles related to sustainable development, gender equality and non-discrimination.

Follow-up, monitoring, reporting and review

In section III. Implementing Provisions, the NAP states that it is to be “implemented as part of the Government programme and other strategic documents when preparing amendments of relevant legal acts and in cooperation with relevant institutions and organizations.”

The NAP identifies the responsible governmental agency for only 9 out of 16 measures foreseen in the NAP. Many of the references to responsible agencies are found in the footnotes.

There is no indication as to which ministry/agency is in charge of the overall follow-up of commitments found in the NAP.

There is also no specific framework laid out for monitoring of, and reporting on, the progress of NAP implementation. According to the Ministry of Foreign Affairs, however, the implementation of the various themes of the NAP are tracked in detail through national reporting procedures under regional and international conventions. Nevertheless, it remains unclear which ministry is responsible for which part of the NAP and specifically the fact that no ministry is responsible for monitoring the overall progress is problematic.

According to Lithuania’s reply to the OHCHR survey concerning implementation of the UNGPs, the NAP led to an amendment of Article 5 of the Law of the Republic of Lithuania on Equal Opportunities for Women and Men in June 2016. This amendment means that an employer, or its representative, is now obliged to take measures to prevent employees not only from sexual harassment, but also from any harassment.

As of August 2018, no official progress reports have been published.

During its Voluntary National Review at the High Level Political Forum in July 2018, Lithuania stated:

“With a view to combating discrimination and establishing human rights in the labour market and business, it is planned to draw up the second national action plan on business and human rights in 2018 following the guidelines of the Organisation for Economic Cooperation and Development and the United Nations.”

Stakeholders views and analysis on the NAP

International Corporate Accountability Roundtable (ICAR), European Coalition for corporate Justice (ECCJ): Assessments of Existing National Action Plans (NAPS) on Business and Human Rights, November, 2015;

Additional resources

Business & Human Rights Resource Centre: Reply of Lithuania on the implementation of the Guiding Principles on Business and Human Rights: National Action Plans on Business and Human Rights’, 2016
Lithuanian Government: Answers of the Republic of Lithuania to the questionnaire on National action plans on Business and Human Rights, 2014

Explore NAP by Issue

Children’s rights

Objective 2: promoting corporate responsibility and respect in the field of business and human rights

C. Planned Measures [page 8]

2. “Innovation promotion. … Innovation programme foresees that: …

it is important to promote the creation and development of social innovation in order to provide more effectively services for families, children, socially vulnerable groups by employing the public, private and civil society sectors as well as the potential for cooperation with education institutions;”

Objective 1: ensuring State’s duty to protect, defend and respect human rights

A. Legislative measures [page 1]

2. “Reforming legal regulation regarding administrative liability. The aim is to regulate individual administrative liability in the Republic of Lithuania, to separate it from criminal liability, ensuring the main features of the administrative liability: simple fast-track process, preference to non-repressive impact measures, and their adequacy to the committed offence, thus increasing effectiveness of these measures.

The measure is carried out with a view to improving the Draft Code of Administrative Offenses of the Republic of Lithuania, submitted for deliberation to the Seimas of the Republic of Lithuania on 7 June 2012.”

Objective 2: promoting corporate responsibility and respect in the field of business and human rights

A. Implemented and on-going measures for the development of CSR in Lithuania [page 6]

3. “The application of CRS principles to the state-owned enterprises … It was foreseen that state-owned enterprises (hereinafter referred to as the SOE) operating under the principles of good governance may act as examples of socially responsible business. To this end, since 2010, actions were taken to restructure SOEs with a particular focus on corporate transparency and social responsibility.”

Corruption

Objective 1: ensuring State’s duty to protect, defend and respect human rights [page 1]

“The Government has the obligation to ensure the above mentioned human rights in these areas. Government’s actions and measures include legislative instruments aimed at the development of a legislative framework providing for responsible business practices and elimination of corruption in the public sector.”

B. Anticorruption measures [page 2]

1. “Effective implementation of coordinated anti-corruption policy. The aim is to ensure proactive and effective fight against corruption, thus reducing the overall scope of corruption.

Draft amendment to the National Anti-corruption Programme for 2011-2014 was drafted by the Ministry of Justice of the Republic of Lithuania and adopted through the Resolution of the Seimas of the Republic of Lithuania of 3 December 2013. The revision and updating of this programme focussed particularly on key problems in certain areas of the public sector.”

E. Measures related to international obligations [page 4]

2. “Accession to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The aim is to create conditions for the ratification of the Convention following Lithuania’s accession to the OECD. To successfully accede to this Convention, criminal legislation must contain a special rule providing for the liability of natural and legal persons for the bribery of foreign public officials in international business transactions. The legislation must also prohibit tax deductions from money obtained as bribes, irrespective of this money being accounted for in accordance with applicable legal requirements.”

Objective 2: promoting corporate responsibility and respect in the field of business and human rights

B. Government measures encouraging business enterprises to secure respect for human rights [page 7]

2. “Competition of business initiatives on anticorruption. With regard to the fact that in 2003 on the initiative of the UN 9th of December was declared the International Anti-Corruption Day, in order to support anti-corruption initiatives each year the Ministry of Economy announces the competition of business initiatives on anti-corruption and subsequently awards the initiators for the most effective business initiatives on anti-corruption.”

Objective 2: promoting corporate responsibility and respect in the field of business and human rights

A. Implemented and on-going measures for the development of CSR in Lithuania [page 6]

3. “The application of CRS principles to the state-owned enterprises … To this end, since 2010, actions were taken to restructure SOEs with a particular focus on corporate transparency and social responsibility. SOEs provide important public services as regards energy, water supply, public transport, electronic communications, health, education, social services and others.”

Energy sector

The Lithuanian NAP does not make a direct reference to the Energy sector.

1. Objectives and Measures

Objective 2: promoting corporate responsibility and respect in the field of business and human rights [page 5]

The Government formulates and implements public policies mindful of the principle of responsible business and corporate social responsibility (hereafter referred to as the CSR) as an essential condition for sustainable development. Therefore, in its efforts to increase economic competitiveness, the Government not only promotes the use of renewable and environment friendly technologies that are best fit to meet long-term public needs, but also the development of socially responsible and human rights-minded business.

The CSR category applies to companies that voluntarily go beyond regulatory compliance in addressing social and environmental issues in their business operations. Respect for human rights in business is one of the CSR areas.

The CSR can be seen as corporate policy and practice, where companies voluntarily integrate social, environmental and transparent business concerns in their business operations and their external relations. Together with social and public partners, companies seek innovative solutions to address systemic social, environmental and overall economic well-being problems.

To achieve this objective, the Government shall implement the following measures

A. Implemented and on-going measures for the development of CSR in Lithuania

1. National Strategy for Sustainable Development. The National Strategy for Sustainable Development attributes CSR to the general priorities of sustainable economic development. The implementation of the principle of participation of enterprises and social partners provides for closer social dialogue, stronger CSR, public and private sector partnership, as well as sustainable consumption and production.

Equality & non-discrimination

1. Objectives and Measures

Objective 1: Ensuring State’s duty to protect, defend and respect human rights [page 1]

Protection of human rights, ensuring equal employment, social and other opportunities, gender equality, reducing gender pay gap – these are fundamental values to be pursued in labour relations and regulation of corporate activities. The Government has the obligation to ensure the above mentioned human rights in these areas. Government’s actions and measures include legislative instruments aimed at the development of a legislative framework providing for responsible business practices and elimination of corruption in the public sector. Great attention is paid to non-discrimination measures, including education on human rights, various studies and other measures that promote non-discrimination and respect for human rights. The Government also supports specific initiatives for promotion of gender equality, encourages the development of non-governmental organizations and provides financial assistance for initiatives of non-governmental organizations in this field.

C. Measures related to research and training on non-discrimination and other human rights [page 2]

Research and training in non-discrimination. The Inter-institutional Action Plan for the Promotion of Non-discrimination for 2012-2014 was approved by Resolution No 1281 of the Government of the Republic of Lithuania of 2 November 2011, aims to ensure the implementation of educational measures on promotion of non-discrimination and equal opportunities, to increase legal awareness, mutual understanding and tolerance in terms of gender, race, nationality, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin and religion, to inform the public about manifestations of discrimination in Lithuania and its negative impact on equal opportunities of certain social groups to actively participate in public life.

Measures foreseen:

to conduct a study into the reasons for changes in societal attitudes and causes of discrimination, as well as the analysis of the results;

to organise seminars, informal education training and discussions on the topics of equal opportunities and non-discrimination for civil servants, trade union representatives and other target groups5;in light of the priorities for 2012 as the European Year for Active Ageing and Solidarity between Generations, announced by the European Commission (hereinafter referred to as the EC), to organise informational and qualification advancement seminars and other events on manifestations of discrimination and other human rights issues6.

It should be noted that under the Programme of the Government for 2012-20167 a working group was set up for drafting an Inter-institutional Action Plan for the Promotion of Non discrimination for 2015-2017.

D. Measures related to research and training on equality between men and women [page 5]

Research a training on equal opportunities between men and women. National Programme on Equal Opportunities for Women and Men for 2010-2014, approved by Resolution No 530 of the Government of the Republic of Lithuania of 4 May 2010 and the Action Plan for the implementation of the National Programme on Equal Opportunities for Women and Men for 2010-2014, adopted by Order No Al-323 of the Minister of Social Security and Labour of 7 July 2010, aims to ensure consistent, comprehensive and systematic cross-field implementation of the provisions of the Law on Equal Opportunities for Women and Men, as well as European Union (hereinafter referred to as the EU) and international commitments regarding gender equality.

On-going measures:

to conduct an extended study and evaluation of the development as regards treatment of women and men in all sphere to organise seminars to encourage employers to systematically promote equal treatment of women and men in the workplace and equal opportunities for women and men as regards access to employment or promotion to a senior position to organise a round table discussion on the role of social partners in the implementation of equal opportunities for women and men in the labour market;

to organise seminars on discriminatory treatment of women and men in education;
to organise seminars in all regions of Lithuania on the implementation of provisional special measures;
to organise a competition for employers ensuring equal treatment for men and women.

Objective 2: promoting corporate responsibility and respect in the field of business and human rights

B. Government measures encouraging business enterprises to secure respect for human rights [page 8]

C. Planned measures

Promotion of social and socially responsible business. The National Progress Programme 2014-2020 approved by the Government of the Republic of Lithuania by Resolution No 1482 of 28 November 2012 (hereinatler referred to as National Progress Programme) establishes priorities for the implementation of Lithuanian progress strategy ‘Lithuania 2030’. Lithuanian Progress Strategy ‘Lithuania 2030’ defines smart economy as able to compete in the world, generating high added value and based on knowledge, integrity and social responsibility. Task ‘Implementation of sustainable development principals in businesses’ of the Lithuanian Progress Strategy goal 3 ‘Promotion of business productivity and sustainable development’ presents measures related to promotion of CSR and social businesses:

– to promote social and socially responsible business perceiving it as modern business practice;

– to promote social business by establishing a centre for competencies and good practice, accelerators, work environments for social business, mobility incentives and implementing other measures.

The National Progress Strategy also introduces horizontal principals related to sustainable development, gender equality and non-discrimination.

Objective 3: ensuring access to effective remedy

A. Implemented measures [page 9]

I. Improvement of procedures for providing state-guaranteed legal aid. The aim 1s to improve the procedures for providing state-guaranteed legal aid: to guarantee that legal regulation of state-guaranteed legal aid is carried out with respect to principles of equality, priority of peaceful settlement of disputes, quality and availability.

Export credit

The Lithuanian NAP makes no reference to export credit.

Objective 3: ensuring access to effective remedy

A. Implemented measures [page 10]

5. “Improvement of collective dispute regulation. The aims is to held discussions with social partners to determine the need for revision of provisions regulating collective bargaining and to encourage parties to establish a mechanism for settling disputes at company level.

An amendment to the Labour Code of the Republic of Lithum1ia was adopted on 15 May 2014 and came into force on 1 July 2014. Labour Code provisions were set in accordance with conclusions provided by the International Labour Organisation’s (hereinafter referred to as ILO) Committee on Freedom of Association on strike regulation with regard to practical problems of dispute settlement. Labour Code provisions regulating suspension of strike action were revised, rules of interpretation of collective agreements were foreseen and strike legitimacy issues were clearly regulated in cases with a collective agreement in action.”

Objective 1: ensuring State’s duty to protect, defend and respect human rights [page 1]

“Protection of human rights, ensuring equal employment, social and other opportunities, gender equality, reducing gender pay gap – these are fundamental values to be pursued in labour relations and regulation of corporate activities. The Government has the obligation to ensure the above mentioned human rights in these areas. Government’s actions and measures include legislative instruments aimed at the development of a legislative framework providing for responsible business practices and elimination of corruption in the public sector. Great attention is paid to non-discrimination measures, including education on human rights, various studies and other measures that promote non-discrimination and respect for human rights. The Government also supports specific initiatives for promotion of gender equality, encourages the development of non-governmental organizations and provides financial assistance for initiatives of nongovernmental organizations in this field.”

C. Measures related to research and training on non-discrimination and other human rights [page 2-3]

1. “Research and training in non-discrimination. The Inter-institutional Action Plan for the Promotion of Non-discrimination for 2012-2014 was approved by Resolution No 1281 of the Government of the Republic of Lithuania of 2 November 2011, aims to ensure the implementation of educational measures on promotion of non-discrimination and equal opportunities, to increase legal awareness, mutual understanding and tolerance in terms of gender, race, nationality, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin and religion, to inform the public about manifestations of discrimination in Lithuania and its negative impact on equal opportunities of certain social groups to actively participate in public life.

Measures foreseen:

to conduct a study into the reasons for changes in societal attitudes and causes of discrimination, as well as the analysis of the results;
to organise seminars, informal education training and discussions on the topics of equal opportunities and non-discrimination for civil servants, trade union representatives and other target groups in light of the priorities for 2012 as the European Year for Active Ageing and Solidarity between Generations, announced by the European Commission (hereinafter referred to as the EC), to organise informational and qualification advancement seminars and other events on manifestations of discrimination and other human rights issues.”

D. Measures related to research and training on equality between men and women [page 3-4]

1. “Research and training on equal opportunities between men and women. National Programme on Equal Opportunities for Women and Men for 2010-2014, approved by Resolution No 530 of the Government of the Republic of Lithuania of 4 May 2010 and the Action Plan for the implementation of the National Programme on Equal Opportunities for Women and Men for 2010-2014, adopted by Order No Al-323 of the Minister of Social Security and Labour of7 July 2010, aims to ensure consistent, comprehensive and systematic cross-field implementation of the provisions of the Law on Equal Opportunities for Women and Men, as well as European Union (hereinafter referred to as the EU) and international commitments regarding gender equality.

On-going measures:

to conduct an extended study and evaluation of the development as regards treatment of women and men in all spheres;
to organise seminars to encourage employers to systematically promote equal treatment of women and men in the workplace and equal opportunities for women and men as regards access to employment or promotion to a senior position;
to organise a round table discussion on the role of social partners in the implementation of equal opportunities for women and men in the labour market;
to organise seminars on discriminatory treatment of women and men in education;
to organise seminars in all regions of Lithuania on the implementation of provisional special measures;
to organise a competition for employers ensuring equal treatment for men and women.”

Objective 2: promoting corporate responsibility and respect in the field of business and human rights

C. Planned measures [page 8]

The National Progress Strategy also introduces horizontal principals related to sustainable development, gender equality and non-discrimination.”

Read more about Gender & women’s rights

Guidance to business

Objective 1: ensuring State’s duty to protect, defend and respect human rights

C. Measures related to research and training on non-discrimination and other human rights [page 2-3]

2. “Promotion of employment of persons with disabilities … Measures foreseen:

to organize training of the employers with a view to encourage their social responsibility as regards employment of persons with disabilities.”

D. Measures related to research and training on equality between men and women [page 3-4]

On-going measures: …

to organise seminars to encourage employers to systematically promote equal treatment of women and men in the workplace and equal opportunities for women and men as regards access to employment or promotion to a senior position;
to organise a round table discussion on the role of social partners in the implementation of equal opportunities for women and men in the labour market;
to organise seminars on discriminatory treatment of women and men in education;
to organise seminars in all regions of Lithuania on the implementation of provisional special measures;
to organise a competition for employers ensuring equal treatment for men and women.”

Objective 2: promoting corporate responsibility and respect in the field of business and human rights

A. Implemented and on-going measures for the development of CSR in Lithuania [page 7]

3. “The application of CRS principles to the state-owned enterprises. … Lithuania already has SOEs engaged in socially responsible business initiatives. Model CSR application plan and its implementing guidelines for state-owned enterprises were prepared in 2012 aimed to facilitate introduction of CSR in state-owned enterprises, and to promote the use of CSR principles in their operations. This document lists examples of good practise of CSR in Lithuanian state-owned enterprises, naming among others AB Lesto, AB Lietuvos Gelezinkeliai, and Vilnius International Airport.”

4. “National network of responsible business. A Lithuanian National Network of Responsible Business was created in 2005 to provide training opportunities; promote cooperation and partnership among various sectors in Lithuania and abroad towards sustainable development. The Lithuanian Association of the Responsible Business (hereinafter referred to as the LAVA) was founded on 30 August 2013 on the basis of the former informal Lithuanian National Responsible Business Network, having brought together Lithuanian responsible businesses and organizations, mainly members of the United Nations Global Compact.”

C. Planned measures [page 8]

1. “Promotion of social and socially responsible business. The National Progress Programme 2014-2020 approved by the Government of the Republic of Lithuania by Resolution No 1482 of 28 November 2012 (hereinafter referred to as National Progress Programme) establishes priorities for the implementation of Lithuanian progress strategy ‘Lithuania 2030’. Lithuanian Progress Strategy ‘Lithuania 2030’ defines smart economy as able to compete in the world, generating high added value and based on knowledge, integrity and social responsibility. Task 3.3 ‘Implementation of sustainable development principals in businesses’ of the Lithuanian Progress Strategy goal 3 ‘Promotion of business productivity and sustainable development’ presents measures related to promotion of CSR and social businesses:

to promote social and socially responsible business perceiving it as modern business practice;
to promote social business by establishing a centre for competencies and good practice, accelerators, work environments for social business, mobility incentives and implementing other measures.”

Objective 1: ensuring State’s duty to protect, defend and respect human rights

A. Legislative measures [page 2]

1. “Improvement of the legislative process … Law on Legislative Framework of the Republic of Lithuania was adopted on 18 September 2012, and came into force on 1 January 2014. Following the principles of openness and transparency, it provides for law-making to be made public, as general interest-related legislative decisions cannot be made without public awareness and without the possibilities to participate; the public must have access to information related to the national policy objectives, the need for legal regulation and participating bodies; the civil society and interest groups must be provided with a possibility to submit proposals for legal regulation at all the stages of law-making. It also provides for the right to know the bodies that were involved in submitting, drafting and assessing regulatory impact of a respective legislative proposal, and the bodies monitoring legal regulation.”

Indigenous Peoples

The Lithuanian NAP does not make an explicit reference to Indigenous Peoples.

Objective 3: ensuring access to effective remedy [page 8-11]

Understanding the importance of the protection of human rights and freedoms, the Government aims for effective protection of human rights and freedoms, and effective reaction regarding offences by the law-enforcement authorities. It also aims at establishing a legal framework that would help in ensuring effective ways for defending human rights, providing different possibilities for interested parties to solve disputes and, in certain circumstances, a provision of an effective state-guaranteed legal aid in judicial proceedings.

To achieve this goal, the Government is implementing the following measures:

A. Implemented measures [page 9]

1. “Improvement of procedures for providing state-guaranteed legal aid. The aim is to improve the procedures for providing state-guaranteed legal aid: to guarantee that legal regulation of state-guaranteed legal aid is carried out with respect to principles of equality, priority of peaceful settlement of disputes, quality and availability.

Measures and results of their implementation: on 1 January 2014, the new Law on StateGuaranteed Legal Aid of the Republic of Lithuania came into force. It grants broader possibilities to choose a lawyer to provide secondary state-guaranteed legal aid; assures a better control of the selected services; implements the ‘one stop’ principle for persons seeking secondary state-guaranteed legal aid; and foresees to ensure conciliatory mediation.”

2. “Improvement of civil proceedings. Continuous analyses and evaluations of the civil procedure aim at creating conditions for an easier and more effective process of settling disputes and implementing EU legal acts.

The provision of the Code of Civil Procedure (hereinafter referred to as the CCP) of the Republic of Lithuania regulating the practice of videoconferencing and teleconferencing in the civil procedure (Article 1752 of the CCP) came into force on l March 2013.

Provisions of the CCP allowing persons to submit procedural documents to court using electronic means of communication (Article 175 1 of the CCP) came into force on 1 July 2013.”

3. “Promotion of mediation system development and effectiveness. The aim is to develop the mediation process and promote peaceful settlement of disputes.

An order No lR-263 On Mediation System Development was adopted by the Minister of Justice on 12 November, 2013. Working groups were created to prepare the concept of the mediation system development and to improve the mediation system in civil, administrative and criminal procedures.”

4. “Introduction of class action institution in civil procedure. The aim is to create conditions to bring and hear class actions in Lithuania thus enforcing the right to judicial protection, providing protection for the weaker party, shortening procedures of civil cases, reducing the costs of civil procedures and ensuring uniform case law with respect to identical or similar cases. It would increase public trust in the judicial system, enhance legal certainty and legitimate expectations.

On 13 March 2014, relevant amendments of the CCP provisions were adopted; following their entry into force, starting from 1 January 2015, the possibility of bringing class actions in civil cases shall be ensured.”

B. Planned measures

1. “Introduction of class action institution in administrative procedure. The aim is to create conditions to bring and hear class actions in Lithuania thus enforcing the right to judicial protection, providing protection for the weaker party, shortening procedures of administrative cases, reducing the costs of administrative procedures aid ensuring uniform case law with respect to identical or similar cases. It would increase public trust in the judicial system, enhance legal certainty and legitimate expectations.

Regarding the adoptions of the CCP amendments on 13 March 2014 that provide for a class action institution in civil procedure, a draft amendment of the Republic of Lithuania Law on Administrative Proceedings (hereinafter referred to as LAP) that introduces the class action institution in administrative procedure is being prepared. It is planned that the LAP draft amendment shall be submitted to the Government of the Republic of Lithuania in the fourth quarter of 2014.”

2. “Evaluation of legal regulation of the institute of pre-trial administrative dispute resolution. The aim is to establish a more explicit and definitive regulation of pre-trial complaint examination process carried out by the Chief Administrative Disputes Commission and public administrative disputes commissions in municipalities by transferring valid regulation from disputes commissions’ work regulations to the Law on Administrative Disputes Commissions.” …

5. “Introduction of the jury institute in courts. The aim is to restore public trust in the legal system.

On 20 June 2012, the Government in principle agreed on the objective to establish on a constitutional level the participation of the jury in the proceedings. Before relevant laws are drawn or amended, the concept of the jury institute in courts is going to be prepared and presented for the public assessment; the concept shall, inter alia, include the basic principles of the legal status of the jury members, the guarantees they would be provided with, responsibilities, procedural rights of the members of jury, their duties. etc.”

Objective 3: ensuring access to effective remedy [page 10]

A. Implemented measures

B. Planned measures

3. “Development of peaceful and extrajudicial/ consumer dispute resolution. The aim is to establish a more effective procedure for extrajudicial resolution of disputes, to increase the participation of social partners (consumer associations and business organisations) in the system of alternative dispute resolution and to encourage self-regulation institutions to become members of tile consumer rights protection system.”

4. “Promotion of business self-regulation. The aim is to encourage the creation of a code of conduct as well as cooperation with the subjects responsible for codes of conduct and other business entities that have taken on commitments according to the existing codes of conduct. At present there are 10 codes of business ethics.”

OECD National Contact Points

The Lithuanian NAP makes no reference to OECD National Contact Points (NCPs).

Persons with disabilities

1. Objectives and Measures

Objective 1: Ensuring State’s duty to protect, defend and respect human rights

C. Measures related to research and training on non-discrimination and other human rights [page 2]

Promotion of employment of persons with disabilities. The National Programme on Social Integration for persons with disabilities for 2013-2019, approved by Resolution No 1408 of the Government of the Republic of Lithuania of 21 November 2012, aims to create a harmonious environment for the effective development and social integration of persons with disabilities in Lithuania and to ensure the implementation of national legislation relating to the social integration of persons with disabilities and their equal opportunities, and of the provisions of the Convention on the Rights of Persons with Disabilities.

Measures foreseen:

to organise training of the employers with a view to encourage their social responsibility as regards employment of persons with disabilities.

Policy coherence

The Lithuanian NAP makes reference to policy coherence in a number of specific contexts.

Objective 1: ensuring State’s duty to protect, defend and respect human rights

B. Anticorruption measures [page 2]

1. “Effective implementation of coordinated anti-corruption policy. The aim is to ensure proactive and effective fight against corruption, thus reducing the overall scope of corruption.”

Objective 2: promoting corporate responsibility and respect in the field of business and human rights [page 5]

“According to [The Commission’s Communication on the renewed EU strategy 2011-14 for Corporate Social Responsibility], it is expected that all European enterprises should make a commitment to respect human rights as defined in the UN Guiding Principles, and that EU Member States are encouraged to develop national action plans for the implementation of the UN Guiding Principles. Paragraph 4.8.2 ‘Implementing the UN Guiding Principles on Business and Human Rights’ of the Communication on CSR strategy points out a particular need for improving coherence of EU policies on business and human rights. It also recognizes that a better implementation of the UN Guiding Principles would contribute to EU objectives regarding specific human rights.

[The Commission’s Communication on the renewed EU strategy 2011-14 for Corporate Social Responsibility] is an important initiative towards the promotion of the CSR across the EU and internationally, harmonization of existing rules and development of new rules in this field. Lithuania supports the aim to encourage as many as possible companies to act responsibly and to set out clear goals for 2015-2020. The priority in the field of CSR should be given to the awareness-raising and best practice exchange; support to various initiatives; cooperation with Member States; education; cooperation between organisations, CSR capacity development across businesses. Proper implementation of the relevant measures could strengthen the integrated approach to the promotion of CSR and contribute to the exchange of best practices and collaboration.”

A. Implemented and on-going measures for the development of CSR in Lithuania [page 6]

2. “National Programme for the Development of CSR. The Lithuanian National Programme for the Development of Corporate Social Responsibility for 2009-2013 … provides for key public policies related to the consistent, purposeful and integrated approach of the State towards the CSR …

The development of CSR-conducive legal and institutional environment has resulted in simplified structure for the coordination of the development of corporate social responsibility and the management of an effective institutional cooperation (by revoking the governmental CSR Development Commission previously required under the CSR Programme), streamlining the quantitative criteria for the assessment of the implementation of the tasks provided for in the CSR Programme, and the decision by the Minister of Social Security and Labour to set up a Committee to monitor the implementation of the National Programme for the Development of Corporate Social Responsibility (hereinafter refe1Ted to as the CSR Committee), which had to oversee the implementation of the National Programme for the Development of Corporate Social Responsibility for 2009-2013.”

1. Objectives and Measures

Objective 2: promoting corporate responsibility and respect in the field of business and human rights

A. Implemented and on-going measures for the development of CSR in Lithuania [page 6]

1. National Strategy for Sustainable Development…The implementation of the principle of participation of enterprises and social partners provides for closer social dialogue, stronger CSR, public and private sector partnership, as well as sustainable consumption and production.

3. The application of CRS principles to the state-owned enterprises. One of the objectives of the CSR Programme approved by the Government in 20IO is to develop methodological tools for the application of CSR principles, to ensure their dissemination and the exchange of best practices. It was foreseen that state-owned enterprises (hereinafter referred to as the SOE) operating under the principles of good governance may act as examples of socially responsible business. To this end, since 20 I0, actions were taken to restructure SOEs with a particular focus on corporate transparency and social responsibility. SOEs provide important public services as regards energy, water supply, public transport, electronic communications, health, education, social services and others. The application of the tools of socially responsible business may not only ensure that the highest return for the public is generated but can also make a positive impact on social stability and the promotion of business and human rights principles.

Lithuania already has SOEs engaged in socially responsible business initiatives. Model CSR application plan and its implementing guidelines for state-owned enterprises were prepared in 2012 aimed to facilitate introduction of CSR in state-owned enterprises, and to promote the use of CSR principles in their operations. This document lists examples of good practise of CSR in Lithuanian state-owned enterprises, naming among others AB Lesto, AB Lietuvos Gelezinkeliai, and Vilnius International Airport.

Supply chains

The Lithuanian NAP makes no reference to supply chains.

Objective 1: ensuring State’s duty to protect, defend and respect human rights

E. Measures related to international obligations [page 4]