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NAP Development Process

Status

Luxembourg's nap 2020 2022

On 23 January 2020, Luxembourg announced the adoption of a second edition of the National Action Plan titled “Plan d’action national du Luxembourg pour la mise en oeuvre des Principes directeurs des Nations Unies relatifs aux entreprises et aux droits de l’homme 2020-2022”.  Given the time constraints encountered during the implementation of the first NAP, the second NAP foresees for a possibility that it is extended for an additional year beyond the initial two-year timeframe. This second edition of the National Action Plan was meant to complement the first National Action Plan. More information about the second NAP edition is available here in French.

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP 2018-19 (English, French) can be found here.

Process

The development process of this second NAP edition has been led by the Business and Human Rights Working Group (groupe de travail « Entreprises et droits de l’Homme »), which is composed by representatives of the relevant ministries, private companies, private sector trade associations, national human rights institutions, trade unions, civil society and academia (see section on “stakeholder participation”). The Working Group started its activity in April 2018 amidst the development of the first National Action Plan.

According to the 2020-22 NAP, following the adoption of the first NAP, the Working Group met on a regular basis, every six weeks, to implement the concrete actions outlined in the Joint Work Program included in the National Action Plan. The Working Group assessed the results of the implementation of the first action plan in a report submitted to the Government Council on July 18, 2019 and approved in the session of July 26, 2019. The report has not been made publicly available but the NAP lists some of its content:

  • a structured and ongoing dialogue on the subject of “Business and Human Rights” between the relevant stakeholders,
  • an academic study on the existing situation in Luxembourg regarding business and human rights find more information on the National Baseline Assessment section),
  • efforts to raise awareness among decision-makers, business leaders and the legal sector on the theme of “Business and Human Rights”, in particular the following (further information about the following three events can be found here):

 

  • the conference organised in June 2019 by the Ministry of Foreign and European Affairs and the University of Luxembourg, with the participation of high-level international experts,
  • the conference organized by the Ministry of Economy, UEL (Luxembourg’s Business Association, Union des Entreprises Luxembourgeoises) and INDR (National Institute for Sustainable Development and Corporate Social Responsibility, Institut National pour le Développement durable et de la Responsabilité sociale des entreprises) in October 2019, at the Chamber of Commerce,
  • of the “Business and Human Rights” segment at the annual Congress of the Union Internationale des Avocats in November 2019, in Luxembourg,

 

  • training sessions offered by INDR (National Institute for Sustainable Development and Corporate Social Responsibility, Institut National pour le Développement durable et de la Responsabilité sociale des entreprises) and the House of Training, Finance and Human Rights asbl, ABBL (the Luxembourg’s Bankers Association), IMS (Inspiring More Sustainability) and some civil society organizations;
  • awareness-raising for the governance structures of companies in which the State is the main shareholder; and,
  • the preparation and development of a national “Business and Human Rights” Pact in which business leaders publicly declare their commitment to uphold the UN Guiding Principles within their organization and throughout their economic value chain.

After the report was approved by the Government Council, the Working Group began the preparation of the draft for the second edition of the National Action Plan, which had to be submitted before the end of 2019 to the Government Council. According to the 2020-22 NAP, the second edition of the National Action Plan aimed at complementing the first NAP to avoid duplication and to allow recommendations to be formulated in a more operational manner. The draft of the second National Action Plan was developed between September and December 2019, alongside five meetings of the Business and Human Rights Working Group.

The report which assesses the implementation of the first NAP is not publicly accessible. Yet, some lessons learned have been included in the 2020-22 NAP such as the time available for the parallel realisation of thirteen initiatives being too short and the amount of work involved was underestimated. Moreover, at the conference organised in June 2019 by the Ministry of Foreign and European Affairs and the University of Luxembourg high-level international experts urged Luxembourg to apply the SMART method to define its action points. Based on the lessons learned by the group members during the implementation of the first National Action Plan and the recommendations of international experts, including the findings of the National Baseline Assessment, Luxembourg expected the second National Action Plan to be characterised by:

  • A broad sensitization of companies, notably by giving them the necessary resources and encouraging them to sign the National Pact “Companies and Human Rights”,
  • a more sector-specific approach, taking into account international recommendations and solutions (e.g. Responsible Steel, Responsible Mining, Extractive Industries Transparency Initiative, Voluntary Principles on Security and Human Rights, Principles on Freedom of Expression and Privacy) and support to companies by sectoral professional organizations,
  • the identification of priority actions,
  • the definition of specific, measurable, achievable, realistic and time-bound objectives,
  • a three-year implementation period.

Stakeholder Participation

According to the NAP, following the adoption of the first National Action Plan, the Business and Human Rights Working Group (groupe de travail « Entreprises et droits de l’Homme ») met on a regular basis, every six weeks, to implement the concrete actions outlined in the Joint Work Program included in the National Action Plan. The Ambassador for Human Rights at the Ministry of Foreign and European Affairs convened and facilitated this thematic working group, which is composed by the following:

 

Representatives of the relevant ministries

  • Ministry of State [Ministère d’Etat]
  • Ministry of Foreign and European Affairs [Ministère des Affaires étrangères et européennes]
  • Ministry of Economy [Ministère de l’Economie]
  • Ministry of Finance [Ministère des Finances]
  • Ministry of Justice [Ministère de la Justice]
  • Data Protection National Commission [Commission nationale de la protection des données]

Private companies

  • Union des entreprises luxembourgeoises (Main Business Association)
  • INDR
  • ALFI
  • ABBL
  • BGL-BNP-Paribas
  • Etude Turk & Prum
  • Bourse de Luxembourg (Luxembourg’s Stock Exchange)
  • PwC Luxembourg
  • LuxFLAG
  • IMS

Private sector trade associations, national human rights institutions, trade unions, civil society and academia:

  • Commission consultative des droits de l’homme
  • Ombudsman fir Kanner a Jugendlecher
  • Centre d’égalité de traitement
  • Médiateur
  • Initiative pour un devoir de vigilance
  • ASTM
  • ALNU
  • Amnesty International (Lux)
  • Caritas
  • Fairtrade Lëtzebuerg
  • Finance & Human Rights
  • Handicap International
  • Ligue des droits de l’homme
  • Unicef (Lux)
  • ULC [Union Luxembourgeoise des Consommateurs] (Consumer Association)
  • Employee’s Chamber [Chambre des salariés]
  • OGBL (Independent Luxembourg Trade Union Confederation)
  • LCGB (Luxembourg Confederation of Christian Trade Unions)
  • University of Luxembourg (Faculté de droit, d’économie et de Finance)

According to the Government Council, the idea behind this mode of operation was to bring together as much expertise and experience as possible from all stakeholders likely to be interested or concerned by a subject as multifaceted as the relationship between business and human rights. The activity of the the Business and Human Rights Working Group (groupe de travail « Entreprises et droits de l’Homme ») is published here.

Many of the initiatives set out in the Joint Work Programme have been started or even completed. Others have experienced delays and are moving into the next implementation period of the UN Guidelines in Luxembourg.

Transparency

The working group was in charge of the preparation and development of the draft for the second edition of the National Action Plan but this draft is not publicly available. The second edition of the National Action Plan “Business and Human Rights” is available in French, in printed form and accessible on the Internet. No English version has been made publicly available yet. The possibility of accessing the National Action Plan via the website guichet.lu was being studied at the time the NAP was launched.

The Business and Human Rights Working Group (groupe de travail « Entreprises et droits de l’Homme ») also assessed the results of the implementation of the first action plan in a report submitted to the Government Council on July 18, 2019 and approved in the session of July 26, 2019. The report has not been made publicly available but the activity of the Working Group is published here.

National Baseline Assessment (NBA)

A National Baseline Assessment titled “Mapping the Business and Human Rights Landscape in Luxembourg” was conducted by Dr. Basak Baglayan, PhD, of the University of Luxembourg as part of the implementation of the first National Action Plan. The findings of the study to a large extent provide the starting points for the different actions identified as priorities for the implementation period of the second edition of the National Action Plan “Business and Human Rights” of Luxembourg; the objective being to achieve significant progress in the respect of human rights within companies and along their economic value chains. In particular, the study revealed a certain potential risk of negative impact of economic activities on human rights in the financial sector, the service sector, the information and communication technology sector (including the field of artificial intelligence and data protection) the hotel and restaurant sector, the textile sector, the agribusiness sector, the extractive sector, the logistical sector (including land, air and sea transport in all its aspects) and the construction sector.

Follow-up, monitoring, reporting and review

Following the adoption of the first National Action Plan in June 2018, the Business and Human Rights Working Group (groupe de travail « Entreprises et droits de l’Homme ») met on a regular basis every six weeks, to implement the concrete actions outlined in the Joint Work Program included in the first National Action Plan. The working group was in charge of the preparation and development of the draft for the second edition of the National Action Plan and its subsequent submission to the Government Council.

Likewise, the Business and Human Rights Working Group, under the authority of the Interministerial Committee on Human Rights, is responsible for the follow-up to the second National Action Plan, for reporting annually to the Government Council and for preparing in due course the draft of Luxembourg’s third National Action Plan for the implementation of the United Nations Guiding Principles on Business and Human Rights.

Stakeholders views and analysis on the NAP

 






Explore NAP by Issue

Children’s rights

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Children’s rights

Conflict-affected areas

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.10. Preparation of the implementation in Luxembourg of the EU regulation on conflict minerals

 

Context

The legislative challenge in 2020 is to create a regulatory framework to implement the EU Conflict Minerals Regulation. Indeed, the regulation on minerals from conflict zones will enter into force on January 1st 2021. It will be essential to involve the various stakeholders (business and civil society), and in particular those represented in the Business and Human Rights Working Group, in the reflection on the implementation of the Regulation. In this context, it should also be recalled that the government was invited by a motion of the Chamber of Deputies, in the context of the vote on the Public Procurement Act in April 2018, “to ensure that public procurement in the future incorporates the due diligence criterion at the level of metals affected by Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 (tantalum, tin, tungsten, gold).”

 

Objectively verifiable indicators ×        Benchmark: NAP 1
Verification sources ×        NAP 1 Implementation Report

×        Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results ×    Raising awareness among stakeholders

×    Implementation of the Regulation according to the timetable indicated

×    Predictability and legal certainty, especially for businesses
Implementation timeline Depending on the entry into force of the Regulation
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs), Directorate for European Affairs and International Economic Relations

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Conflict-affected areas

Construction sector

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Construction sector

Corporate law & corporate governance

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Corporate law & corporate governance

Corruption

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Corruption

Data protection & privacy

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.15. Protection of human rights in business in the context of new information and communication technologies (ICT), including artificial intelligence (AI)

 

Context

One of the risk sectors recognised in the NAP2 is the new information and communication technologies, including artificial intelligence. This sector is developing very rapidly worldwide in the context of increasing digitalisation.

In his report to the UN General Assembly in 2018, Mr David Kaye, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, analysed the topic of artificial intelligence (AI) in more detail. Within this framework, each State is obliged to uphold human rights, including the right to freedom of opinion, freedom of expression and access to information, the right to privacy, the obligation of non-discrimination and the right to an effective remedy.

In Europe, the General Data Protection Regulation (GDPR) has been the main legal instrument regulating the collection and use of data since its introduction in 2018. In Luxembourg, the supervisory authority is the Data Protection National Commission (CNPD) [Commission nationale pour la protection des données].

 

Objectively verifiable indicators ×        GDPR
Verification sources ×        European legislation and institutions

×        CNPD [Commission nationale pour la protection des données] – UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]
Expected results ×        Regular consultations with the CNPD [Commission nationale pour la protection des données]

×        Increased understanding and awareness of the link between human rights and ICT, including AI
Implementation timeline Duration of NAP 2
Means of implementation ×        CNPD [Commission nationale pour la protection des données]

×        UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

×        Civil Society, including ALNU [Association Luxembourgeoise Pour les Nations Unies]

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Data protection & privacy

Development finance institutions

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.8 Promotion of the United Nations Guiding Principles on Business and Human Rights in international fora and in international relations, including international economic relations and relations with Luxembourg’s cooperation partner countries

 

Context

Luxembourg supports initiatives at European and international level to ensure that human rights are respected in companies.

During the first phase of implementation of NAP 1, useful contacts were made with the representatives of the Ministry of Economy and the MAEE (Ministry of Foreign and European Affairs) which are competent in the field. The aim is to build on this initial exchange and to develop more concrete actions.

 

Objectively verifiable indicators ×        Benchmark: NAP 1
Verification sources ×        NAP 1 Implementation Report

×        Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results ×    Definition of appropriate language elements

×    Adaptation of the National Pact for Luxembourg companies to the relations of the Cooperation with economic actors of the private sector in the framework of projects and programmes in the partner countries

×    Reminder of the importance of ratifying international conventions, in particular those of the ILO (Convention 138 on minimum age; Convention 182 on the worst forms of child labour)
Implementation timeline Duration of NAP 2
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs), Directorate for European Affairs and International Economic Relations

×      MAEE (Ministry of Foreign and European Affairs), Directorate for Cooperation

×      Ministry of Economy

×      LuxDev (Luxembourg Agency for Development Cooperation)

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Development finance institutions

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

Read more about Energy sector

Environment & climate change

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.7. Follow up on the commitment to introduce a duty of care at a European level

 

Context

Following the Government’s commitment in the coalition agreement that “Luxembourg will support European initiatives to strengthen the social and environmental responsibility of transnational companies in the management of their supply chains and will commit itself at European level to binding and effective legislation”, the conclusions of the baseline study, the positions expressed by different actors within the working group on the need to introduce a binding duty of care for companies, recent legislative developments in other EU Member States and initiatives at the level of the European Parliament, a follow-up of the initiatives taken by Luxembourg in favour of European legislation on duty of care will be carried out in the framework of the National Action Plan.

To this end, regular reports will be made by the Ministry to the working group on the initiatives taken in favour of a duty of care at European level and on the progress of the work.

 

Objectively verifiable indicators ×        Benchmark: Coalition agreement
Verification sources ×        Report from the MAEE (Ministry of Foreign and European Affairs)

×        Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results Regular information of the working group members, sharing of published official documents and proposal of the working group to the Ministry
Implementation timeline Duration of NAP 2
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs)

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Environment & climate change

Equality & non-discrimination

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.15 Protection of human rights in business in the context of new information and communication technologies (ICT), including artificial intelligence (AI)

 

Context

(…)

In his report to the UN General Assembly in 2018, Mr David Kaye, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, analysed the topic of artificial intelligence (AI) in more detail. Within this framework, each State is obliged to uphold human rights, including the right to freedom of opinion, freedom of expression and access to information, the right to privacy, the and the right to an effective remedy.

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Equality & non-discrimination

Export credit

‘Luxembourg’s NAP does not explicitly address this issue’

Read more about Export credit

Extractives sector

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

 1.8 Preparation of the implementation in Luxembourg of the EU regulation on conflict minerals

 

Context

The legislative challenge in 2020 is to create a regulatory framework to implement the EU Conflict Minerals Regulation. Indeed, the regulation on minerals from conflict zones will enter into force on January 1st 2021. It will be essential to involve the various stakeholders (business and civil society), and in particular those represented in the Business and Human Rights Working Group, in the reflection on the implementation of the Regulation. In this context, it should also be recalled that the government was invited by a motion of the Chamber of Deputies, in the context of the vote on the Public Procurement Act in April 2018, “to ensure that public procurement in the future incorporates the due diligence criterion at the level of metals affected by Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 (tantalum, tin, tungsten, gold).”

 

Objectively verifiable indicators ×        Benchmark: NAP 1
Verification sources ×        NAP 1 Implementation Report

×        Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results ×    Raising awareness among stakeholders

×    Implementation of the Regulation according to the timetable indicated

×    Predictability and legal certainty, especially for businesses
Implementation timeline Depending on the entry into force of the Regulation
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs), Directorate for European Affairs and International Economic Relations

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Extractives sector

Extraterritorial jurisdiction

‘Luxembourg’s NAP does not explicitly address this issue’

Read more about Extraterritorial jurisdiction

Finance & banking sector

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Finance & banking sector

Fisheries and aquaculture sectors

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

Read more about Fisheries and aquaculture sectors

Forced labour & modern slavery

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

 1.9. Consider ratification of the 2014 Protocol (P29) to the ILO Forced Labour Convention

 

Context 

The Protocol provides for access to appropriate and effective remedies and redress mechanisms, such as compensation for victims. It also strengthens international cooperation in the fight against forced or compulsory labour. The protocol emphasises the role of employers and workers in the fight against forced labour.

 

Objectively verifiable indicators ×        Benchmark: NAP 1
Verification sources ×        NAP 1 Implementation Report

×        Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results ×    Ratification of the Protocol
Implementation timeline As soon as possible
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs), Directorate for European Affairs and International Economic Relations

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Forced labour & modern slavery

Freedom of association

‘Luxembourg’s NAP does not explicitly address this issue’

Read more about Freedom of association

Garment, Textile and Footwear Sector

Part I: NAP 2020 to 2022 Strategic Goal

A second, more operational National Action Plan

The economic sectors particularly exposed to the risk of human rights violations were identified, among others, on the basis of the national baseline assessment carried out by the expert from the University of Luxembourg. In particular, the study revealed a certain potential risk of negative impact of economic activities on human rights in the financial sector, the service sector, the information and communication technology sector (including the field of artificial intelligence and data protection), the hotel and restaurant sector, the textile sector, the agro-business sector, the extractive sector, the logistics sector (including all aspects of land, air and sea transport) and the construction sector. – page 17

Read more about Garment, Textile and Footwear Sector

Gender & women’s rights

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Gender & women’s rights

Guidance to business

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.3. Training on “Business and Human Rights” matters for jurists

 

Context

The legal professions are important potential multipliers for informing and raising awareness on the topic of “Business and Human Rights”. The very positive experience of the cooperation with the Luxembourg Bar in preparation for and during the 2019 Annual Congress of the Union Internationale des Avocats (UIA) in Luxembourg and the central place reserved on this occasion for the topic “Business and Human Rights” constitute a solid basis for future collaboration in this field.

 

Objectively verifiable indicators –        Benchmark: National Baseline Assessment (NBA) [Etude de base]

–        Available training courses

–        Number of jurists participating in training courses
Verification sources ×      Barreau

×      Magistrature / Parquet

×      Uni.lu (University of Luxembourg)

×      House of Training

×      INAP (Institut national d’administration publique)
Expected results ×    Better understanding of the UN Guiding Principles on Business and Human Rights

×    Improved consultancy capabilities for companies

×    Improved capacity to mediate in cases of human rights violations
Implementation timeline Duration of NAP 2
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs) / Ministry of Justice

×      Parties identified as verification sources (see above)

 

2. The corporate responsibility to respect human rights

(…)

2.3. Awareness raising and training of companies on “Business and Human Rights”

 

Context

In order to be able to implement the UN Guiding Principles in their organisations and throughout their value chains, and to recognise the benefits of respecting human rights, companies need to be aware of what is expected of them and the means and opportunities available.

 

Objectively verifiable indicators ×        Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]

×        Economy Barometer [Baromètre de l’economie]

×        Training courses provided by House of Training, IMS – Fairtrade and ASTM, Finance & Human Rights asbl

×        A number of companies subscribing to the National Business and Human Rights Pact
Verification sources ×        UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

×        House of Training

×        Training courses IMS – Fairtrade and ASTM

×        Employers’ chamber [Chambre des salariés]

×        Human Rights Working Group [GT « Entreprises et droits de l’Homme »]
Expected results ×        Better understanding of the Guiding Principles and human rights issues in business
Implementation timeline Duration of NAP 2
Means of implementation ×        UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

×        House of Training, IMS – Fairtrade and ASTM, Finance & Human Rights asbl

×        Employers’ chamber [Chambre des salariés]

×        Specialised NGOs (notably UNICEF and Droits des enfants et principes commerciaux)

×        Consultants

 

2.4. Finalisation and implementation of the National Business and Human Rights Pact

 

Context

The National Business and Human Rights Pact is one of the concrete flagship actions of NAP 1. A sub-working group has put a lot of effort into the implementation of the National Pact.

Further effort is needed to finalise the process of assessing the annual reports that participating companies are required to submit on the implementation of the Guidelines in their organisations and throughout their economic value chains.

 

Objectively verifiable indicators ×        Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]

×        Text of the National Pact on Business and Human Rights

×        Review of the effectiveness of the instrument in 2022
Verification sources ×        MAEE (Ministry of Foreign and European Affairs)

×        UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

×        Initiative for the duty of care [Initiative pour un devoir de vigilance]
Expected results ×        Critical mass of companies subscribing to the National Pact

×        Annual reports on the implementation of the Guidelines submitted to the Business and Human Rights Working Group

×        Evaluation of annual reports

×        Recommendations to companies
Implementation timeline –       1st phase:

▪ Operational website

▪ Communication campaign

▪ Prospecting

▪ Launch

–       2nd phase: (as soon as possible) signing of the National Pact

–       3rd phase: 2020, training and implementation of due diligence processes in companies

–       4th phase: (March 2021) submission of first annual reports

–       5th phase: (between March and July 2021) evaluation of the first annual reports
Means of implementation –       MAEE (Ministry of Foreign and European Affairs)

–       Ministry of Economy

–       UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

–       Companies

–       IMS

–       Business and Human Rights Working Group

–       External Consultant

 

3. The need to define remedies for victims of human rights abuses

(…)

3.3. Mapping of judicial and non-judicial, public and private remedies for human rights violations

 

Context

This includes, among other things and beyond judicial remedies, taking stock of non-judicial public and corporate remedies, strengthening OECD-NCP relations with civil society and providing appropriate training on available remedies to corporate human rights focal points.

Objectively verifiable indicators ×        Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]
Verification sources –        Laws and regulations

–        Recommended practices

–        Exchanges with the NCP

–        Identification of good practices and possible gaps
Expected results ×        Increasing the number and adapting to the needs of the remedies

×        Information on the remedies available

×        Discussion on the usefulness of class actions for the implementation of the Guidelines, especially in view of the provisions of the Coalition Agreement in this context
Implementation timeline Duration of NAP 2
Means of implementation –       MAEE (Ministry of Foreign and European Affairs)

–       Ministry of Justice

–       Public and private mediation bodies

–       Business and Human Rights Working Group

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

 

Read more about Guidance to business

Health and social care

‘Luxembourg’s NAP does not explicitly address this issue’

Read more about Health and social care

Human rights defenders & whistle-blowers

Part II: Specific objectives of the National Action Plan 2020-2022

(…)

3.The need to define remedies for victims of human rights abuses

3.4. Supporting the transposition of the EU whistle-blower directive

 

Context

On 15 November 2019, the EU Whistle-blowers Directive came into force, introducing an obligation for employers across Europe, in both the private and public sectors, to protect individuals who make a report in a work-related context. States have two years to transpose it into national law. This legislation can contribute to the establishment of effective complaint mechanisms within companies and it will be essential to involve the different stakeholders in the reflection in the transposition process.

Objectively verifiable indicators ×        Benchmark: National Baseline Assessment (NBA) [Etude de base]
Verification sources –        Draft law transposing the European directive
Expected results ×        Better protection for whistle-blowers is guaranteed in the law.
Implementation timeline Duration of the legislative process
Means of implementation –       MAEE (Ministry of Foreign and European Affairs)

–       Ministry of Justice

–       Business and Human Rights Working Group

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Human rights defenders & whistle-blowers

Human rights due diligence

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.2. Implement pilot projects on due diligence in companies with majority state ownership

 

Context

As a follow-up to NAP 1, it is important that the State continues to set a good example, including by implementing pilot projects on due diligence in majority-owned enterprises. Indeed, under the UN Guiding Principles, States should “take stronger measures to protect companies owned or controlled by them, … including, where appropriate, by requiring the exercise of human rights due diligence”.

The experiences of these pilot projects can be shared by appropriate means.

 

Objectively verifiable indicators –        Benchmark: NAP 1 and National Baseline Assessment (NBA) [Etude de base]

–        Contacts made by the political level

–        Follow-up by the administrative level

–        Reactions from the business community
Verification sources ×    Letters, e-mails and minutes of meetings

×    Discussions and decisions at internal governance level

×    Annual reports

×    Signings of the National Pact [Pacte National]
Expected results ×    Presentation of the National Pact to the companies

×    Increase in:

§ Formal commitments to apply the UNGPs

§ Due diligence processes in place

§ Remedies in place

§ Centralisation of documentary resources for economic actors

×  Serve as good practice for other companies, including those in which the state has a minority stake
Implementation timeline ×    1st phase: first semester 2020

×    2nd phase: duration of NAP 2
Means of implementation ×      Means of the ministries concerned

×      Internal resources of the companies concerned

×      Under the direction of: MAEE (Ministry of Foreign and European Affairs)

 

 

1.6. Study on the possibility of legislating a duty of care

 

Context

Following the government’s commitment in the coalition agreement to “study the possibility of legislating on a duty of care for companies domiciled in Luxembourg”, the conclusions of the baseline study, the positions expressed by various actors within the working group on the need to introduce a binding duty of care for companies domiciled in Luxembourg, and recent legislative developments in other EU Member States, the possibility of the legislative option at national level is being studied, among others, at the level of the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »].

 

Objectively verifiable indicators ×        Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base], CCDH’s (Commission consultative des Droits de l’Homme) Position Paper, position paper of l’Initiative pour un devoir de vigilance, position of the UEL (Union des Entrepises Luxembourgeoises)

×        A number of meetings for discussing the issue
Verification sources ×        Study on the possibility of legislating a duty of care

×        Work of the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]

×        Eventually, the work of an inter-ministerial sub-group
Expected results ×    Definition of the scope and content of the study

×    Analysis of legislative initiatives abroad, at the European and at the UN level

×    Assessment of the pros and cons and opportunities and limitations of a legislative approach

×    Analysis of the existing legislation

×    Analysis of the possible impact of legislation on the respect of human rights in the economic activities of companies

×    Level playing field for companies
Implementation timeline 2020
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs) / Ministry of Justice

×      CCDH (Commission consultative des Droits de l’Homme)

×      l’Initiative pour un devoir de vigilance (Inititative for the duty of care)

×      Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]

×      External experts

 

 

1.7. Follow up on the commitment to introduce a duty of care at a European level

 

Context

Following the Government’s commitment in the coalition agreement that “Luxembourg will support European initiatives to strengthen the social and environmental responsibility of transnational companies in the management of their supply chains and will commit itself at European level to binding and effective legislation”, the conclusions of the baseline study, the positions expressed by different actors within the working group on the need to introduce a binding duty of care for companies, recent legislative developments in other EU Member States and initiatives at the level of the European Parliament, a follow-up of the initiatives taken by Luxembourg in favour of European legislation on duty of care will be carried out in the framework of the National Action Plan.

To this end, regular reports will be made by the Ministry to the working group on the initiatives taken in favour of a duty of care at European level and on the progress of the work.

 

Objectively verifiable indicators ×        Benchmark: Coalition agreement
Verification sources ×        Report from the MAEE (Ministry of Foreign and European Affairs)

×        Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results Regular information of the working group members, sharing of published official documents and proposal of the working group to the Ministry
Implementation timeline Duration of NAP 2
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs)

 

 

1.9. Introduce human rights due diligence as advocated by the Guiding Principles into public-private partnership arrangements

 

Context

The public-private partnership mechanisms in place, particularly at the level of development cooperation, provide opportunities to promote the implementation of the UN Guiding Principles on Business and Human Rights.

 

Objectively verifiable indicators ×        Benchmark: NAP 1

×        National Baseline Assessment (NBA) [Etude de base]

×        Evaluation from the “Business Partnership Facility”
Verification sources ×        Letters, e-mails and minutes of meetings

×        Discussions and decisions at internal governance level

×        Annual reports

×        Signings of the National Pact [Pacte National]
Expected results Increase in:

×        formal commitments to apply the UNGPs

×        due diligence processes in place

 
Implementation timeline Duration of NAP 2
Means of implementation ×      Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]

×      Competent ministries

×      Directorate for Cooperation and Humanitarian Action

 

 

1.14. Create human rights due diligence training

 

Context

At the conference organised in June 2019 by the Ministry of Foreign and European Affairs and the University of Luxembourg, with the participation of high-level international experts, it was emphasised that awareness and concern for the UN Guiding Principles on Business and Human Rights must start with the training of future economic decision makers. Efforts to raise awareness and provide training in secondary and university education on the subject of “business and human rights” promise to increase knowledge of the importance of the subject.

 

Objectively verifiable indicators ×        Content of university courses in law and economics
Verification sources ×        University of Luxembourg, Faculty of Law, Economics and Finance

 
Expected results ×    Modules on the UN Guiding Principles and due diligence are integrated into existing training (e.g. in the context of a Master in Management)

×    Coherence of training content
Implementation timeline Duration of NAP 2
Means of implementation ×      University of Luxembourg

×      MAEE (Ministry of Foreign and European Affairs), MENJE (Ministry of Justice)

×      House of Training

×      Employers’ chamber [Chambre des salariés]

×      NGO

 

 

2. The corporate responsibility to respect human rights

 

2.2. Finalisation and implementation of the National Business and Human Rights Pact

 

Context

The National Business and Human Rights Pact is one of the concrete flagship actions of NAP 1. A sub-working group has put a lot of effort into the implementation of the National Pact.

Further effort is needed to finalise the process of assessing the annual reports that participating companies are required to submit on the implementation of the Guidelines in their organisations and throughout their economic value chains.

 

Objectively verifiable indicators ×        Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]

×        Text of the National Pact on Business and Human Rights

×        Review of the effectiveness of the instrument in 2022
Verification sources ×        MAEE (Ministry of Foreign and European Affairs)

×        UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

×        Initiative for the duty of care [Initiative pour un devoir de vigilance]
Expected results ×        Critical mass of companies subscribing to the National Pact

×        Annual reports on the implementation of the Guidelines submitted to the Business and Human Rights Working Group

×        Evaluation of annual reports

×        Recommendations to companies
Implementation timeline –       1st phase:

▪ Operational website

▪ Communication campaign

▪ Prospecting

▪ Launch

–       2nd phase: (as soon as possible) signing of the National Pact

–       3rd phase: 2020, training and implementation of due diligence processes in companies

–       4th phase: (March 2021) submission of first annual reports

–       5th phase: (between March and July 2021) evaluation of the first annual reports
Means of implementation –       MAEE (Ministry of Foreign and European Affairs)

–       Ministry of Economy

–       UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

–       Companies

–       IMS

–       Business and Human Rights Working Group

–       External Consultant

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Human rights due diligence

Human rights impact assessments

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Human rights impact assessments

ICT & electronics sector

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.15. Protection of human rights in business in the context of new information and communication technologies (ICT), including artificial intelligence (AI)

 

Context

One of the risk sectors recognised in the NAP2 is the new information and communication technologies, including artificial intelligence. This sector is developing very rapidly worldwide in the context of increasing digitalisation.

In his report to the UN General Assembly in 2018, Mr David Kaye, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, analysed the topic of artificial intelligence (AI) in more detail. Within this framework, each State is obliged to uphold human rights, including the right to freedom of opinion, freedom of expression and access to information, the right to privacy, the obligation of non-discrimination and the right to an effective remedy.

In Europe, the General Data Protection Regulation (GDPR) has been the main legal instrument regulating the collection and use of data since its introduction in 2018. In Luxembourg, the supervisory authority is the Data Protection National Commission (CNPD) [Commission nationale pour la protection des données].

 

Objectively verifiable indicators ×        GDPR
Verification sources ×        European legislation and institutions

×        CNPD [Commission nationale pour la protection des données] – UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]
Expected results ×        Regular consultations with the CNPD [Commission nationale pour la protection des données]

×        Increased understanding and awareness of the link between human rights and ICT, including AI
Implementation timeline Duration of NAP 2
Means of implementation ×        CNPD [Commission nationale pour la protection des données]

×        UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

×        Civil Society, including ALNU [Association Luxembourgeoise Pour les Nations Unies]

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about ICT & electronics sector

Indigenous peoples

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Indigenous peoples

Investment treaties & investor-state dispute settlements

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Investment treaties & investor-state dispute settlements

Judicial remedy

Part II: Specific objectives of the National Action Plan 2020-2022

(…)

3. The need to define remedies for victims of human rights abuses

3.1. Mapping of judicial and non-judicial, public and private remedies for human rights violations

 

Context

This includes, among other things and beyond judicial remedies, taking stock of non-judicial public and corporate remedies, strengthening OECD-NCP relations with civil society and providing appropriate training on available remedies to corporate human rights focal points.

Objectively verifiable indicators ×        Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]
Verification sources –        Laws and regulations

–        Recommended practices

–        Exchanges with the NCP

–        Identification of good practices and possible gaps
Expected results ×        Increasing the number and adapting to the needs of the remedies

×        Information on the remedies available

×        Discussion on the usefulness of class actions for the implementation of the Guidelines, especially in view of the provisions of the Coalition Agreement in this context
Implementation timeline Duration of NAP 2
Means of implementation –       MAEE (Ministry of Foreign and European Affairs)

–       Ministry of Justice

–       Public and private mediation bodies

–       Business and Human Rights Working Group

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Judicial remedy

Land

‘Luxembourg’s NAP does not explicitly address this issue’

Read more about Land

Migrant workers

‘Luxembourg’s NAP does not explicitly address this issue’

Read more about Migrant workers

National Human Rights Institutions/ Ombudspersons

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.5. Strengthening the coherence of human rights policies through cross-references in the texts and on the respective websites of the different National Action Plans (NAPs) with a human rights connotation

 

Context

In implementing its international human rights commitments, and in particular when submitting implementation reports to the United Nations treaty bodies, Luxembourg is regularly called upon to formulate sectoral national action plans. Cross-referencing between the NAP “Business and Human Rights” [PAN « Entreprises et droits de l’Homme »] and the other sectoral NAPs should contribute to greater policy coherence. The publication of these different NAPs on the internet can contribute to a better understanding of the issues at stake in public opinion.

 

Objectively verifiable indicators –        National Baseline Assessment (NBA) [Etude de base]: Identification of other NAPs

–        Identification of relevant web pages on the guichet.lu website

–        Identification of overlapping areas
Verification sources ×        Vulnerable peoples

×        NAP texts

×        Texts in guichet.lu (website)
Expected results ×    Cross-referencing

×    Improved policy coherence
Implementation timeline 2020
Means of implementation ×      Competent ministries

×      Inter-ministerial committee on Human Rights [Comité interministériel des droits de l’Homme], MAEE (Ministry of Foreign and European Affairs)

×      CET (Centre pour l’égalité de traitement)

×      ORK (Luxembourg’s Ombudsman) [Ombuds Comité fir d’Rechter vum Kand]

×      Specialised NGOs

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about National Human Rights Institutions/ Ombudspersons

Non-financial reporting

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Non-financial reporting

Non-judicial grievance mechanisms

Part II: Specific objectives of the National Action Plan 2020-2022

(…)

3. The need to define remedies for victims of human rights abuses

3.1. Mapping of judicial and non-judicial, public and private remedies for human rights violations

 

Context

This includes, among other things and beyond judicial remedies, taking stock of non-judicial public and corporate remedies, strengthening OECD-NCP relations with civil society and providing appropriate training on available remedies to corporate human rights focal points.

Objectively verifiable indicators ×        Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]
Verification sources –        Laws and regulations

–        Recommended practices

–        Exchanges with the NCP

–        Identification of good practices and possible gaps
Expected results ×        Increasing the number and adapting to the needs of the remedies

×        Information on the remedies available

×        Discussion on the usefulness of class actions for the implementation of the Guidelines, especially in view of the provisions of the Coalition Agreement in this context
Implementation timeline Duration of NAP 2
Means of implementation –       MAEE (Ministry of Foreign and European Affairs)

–       Ministry of Justice

–       Public and private mediation bodies

–       Business and Human Rights Working Group

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Non-judicial grievance mechanisms

OECD National Contact Points

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.13. Strengthening links between the Business and Human Rights WG and the National Contact Point (NCP) for the implementation of the OECD Guidelines for Multinational Enterprises

 

Context

The commentary on the Guidelines’ implementation procedures for multinational enterprises indicates that NCPs may, inter alia, set up advisory, monitoring or support bodies etc. to assist them in their tasks (para. 11).

The advisory body can accompany and even advise the NCP on how to solve problems and take decisions. Such advisory bodies already exist in some countries that have established an NCP.

In the light of the baseline study, the NCP could consider the establishment of an advisory body and the modalities of its involvement.

In addition, Luxembourg has requested to be subject to the Peer Review of National Contact Points, coordinated by the OECD, by 2022.

 

Objectively verifiable indicators ×        NAP 1
Verification sources ×        NAP 1 Implementation Report

×        Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results ×    Consider the contribution of an advisory or supporting body at the OECD NCP level

×    Regular exchanges between the NCP and members of the Business and Human Rights Working Group [GT « Entreprises et droits de l’Homme »]
Implementation timeline Duration of NAP 2
Means of implementation ×      NCP, MECO (ministry of Economy), MAEE (Ministry of Foreign and European Affairs), MINFIN (Ministry of Finance), and even other departments if necessary

 

(…)

3. The need to define remedies for victims of human rights abuses

3.1. Mapping of judicial and non-judicial, public and private remedies for human rights violations

 

Context

This includes, among other things and beyond judicial remedies, taking stock of non-judicial public and corporate remedies, strengthening OECD-NCP relations with civil society and providing appropriate training on available remedies to corporate human rights focal points.

Objectively verifiable indicators ×        Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]
Verification sources –        Laws and regulations

–        Recommended practices

–        Exchanges with the NCP

–        Identification of good practices and possible gaps
Expected results ×        Increasing the number and adapting to the needs of the remedies

×        Information on the remedies available

×        Discussion on the usefulness of class actions for the implementation of the Guidelines, especially in view of the provisions of the Coalition Agreement in this context
Implementation timeline Duration of NAP 2
Means of implementation –       MAEE (Ministry of Foreign and European Affairs)

–       Ministry of Justice

–       Public and private mediation bodies

–       Business and Human Rights Working Group

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about OECD National Contact Points

Persons with disabilities

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Persons with disabilities

Policy coherence

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.5. Strengthening the coherence of human rights policies through cross-references in the texts and on the respective websites of the different National Action Plans (NAPs) with a human rights connotation

 

Context

In implementing its international human rights commitments, and in particular when submitting implementation reports to the United Nations treaty bodies, Luxembourg is regularly called upon to formulate sectoral national action plans. Cross-referencing between the NAP “Business and Human Rights” [PAN « Entreprises et droits de l’Homme »] and the other sectoral NAPs should contribute to greater policy coherence. The publication of these different NAPs on the internet can contribute to a better understanding of the issues at stake in public opinion.

 

Objectively verifiable indicators –        National Baseline Assessment (NBA) [Etude de base]: Identification of other NAPs

–        Identification of relevant web pages on the guichet.lu website

–        Identification of overlapping areas
Verification sources ×        Vulnerable peoples

×        NAP texts

×        Texts in guichet.lu (website)
Expected results ×    Cross-referencing

×    Improved policy coherence
Implementation timeline 2020
Means of implementation ×      Competent ministries

×      Inter-ministerial committee on Human Rights [Comité interministériel des droits de l’Homme], MAEE (Ministry of Foreign and European Affairs)

×      CET (Centre pour l’égalité de traitement)

×      ORK (Luxembourg’s Ombudsman) [Ombuds Comité fir d’Rechter vum Kand]

×      Specialised NGOs

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Policy coherence

Privatisation

‘Luxembourg’s NAP does not explicitly address this issue’

Read more about Privatisation

Public procurement

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.5. Increase the consideration of the UN Guiding Principles on Business and Human Rights by contracting authorities in their public procurement procedures

 

Context

The UN Guiding Principles on Business and Human Rights pay particular attention to the role of the state when acting as a business actor. Guiding Principle 6 states that “States should promote respect for human rights by enterprises with which they do business”.

Several studies (e.g. OECD, DIHR) show that actors responsible for public procurement lack technical knowledge on the integration of “business and human rights” standards such as the UN Guiding Principles on Business and Human Rights or the OECD Guidelines for Multinational Enterprises. According to the OECD, “the changing perception of the real cost of a product or service in relation to the potential environmental and social impacts requires a change in the culture of traditionally risk-averse public procurement officials. This means that in order to effectively integrate these standards into public procurement, in addition to the technical knowledge and skills required to manage the procurement process, government officials, as well as government auditors, should be trained to understand human rights considerations and their potential application to the technical stages of procurement.

Furthermore, according to the baseline study, there is no explicit guidance on human rights and the UN Guiding Principles in the general public procurement framework, which may mean that public purchasers are not sufficiently aware of the potential risks to human rights. According to this study “clear guidance should be provided to public purchasers on business, human rights and the UN Guiding Principles”.

Public procurement is governed by European guidelines for European bidders and for bidders from countries that are party to the WTO Agreement on Government Procurement (GPA). For countries outside the GPA, discussions are currently taking place under the International Procurement Instrument (IPI).

 

Objectively verifiable indicators –        National Baseline Assessment (NBA) [Etude de base]:

–        Inclusion of references to the Guiding Principles and human rights in public procurement procedures

–        Incentives for introducing such references
Verification sources ×        Tender Board [Commission des soumissions]

×        Communal administrations [Communes]
Expected results ×    Include commitments to respect the Guiding Principles and human rights in bidding documents

×    Increase in the number of contracts awarded to bidders that comply with the UN Guiding Principles on Business and Human Rights

×    Assess the potential human rights impact of integrating respect for human rights into public procurement on the basis of existing studies. For instance: https://swedwatch.org

×    Organise training for contracting authorities involving all stakeholders

×    Establish procurement materials and guidelines at the level of the different ministries
Implementation timeline ×        Contact with the Tender Board [Commission des soumissions] during the 1st trimester of 2020

×        Duration of NAP 2
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs)

×      Ministry of Mobility and Public Works [Ministère de la Mobilité et des Travaux publics]

×      Tender Board [Commission des soumissions]

×      Communal administrations [Communes]

(…)

 

1.10. Preparation of the implementation in Luxembourg of the EU regulation on conflict minerals

 

Context

The legislative challenge in 2020 is to create a regulatory framework to implement the EU Conflict Minerals Regulation. Indeed, the regulation on minerals from conflict zones will enter into force on January 1st 2021. It will be essential to involve the various stakeholders (business and civil society), and in particular those represented in the Business and Human Rights Working Group, in the reflection on the implementation of the Regulation. In this context, it should also be recalled that the government was invited by a motion of the Chamber of Deputies, in the context of the vote on the Public Procurement Act in April 2018, “to ensure that public procurement in the future incorporates the due diligence criterion at the level of metals affected by Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 (tantalum, tin, tungsten, gold).”

 

Objectively verifiable indicators ×        Benchmark: NAP 1
Verification sources ×        NAP 1 Implementation Report

×        Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results ×    Raising awareness among stakeholders

×    Implementation of the Regulation according to the timetable indicated

×    Predictability and legal certainty, especially for businesses
Implementation timeline Depending on the entry into force of the Regulation
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs), Directorate for European Affairs and International Economic Relations

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Public procurement

Security sector

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Security sector

Small & medium-sized enterprises

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Small & medium-sized enterprises

State Owned Enterprises/ Public Private Partnerships

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.2. Implement pilot projects on due diligence in companies with majority state ownership

 

Context

As a follow-up to NAP 1, it is important that the State continues to set a good example, including by implementing pilot projects on due diligence in majority-owned enterprises. Indeed, under the UN Guiding Principles, States should “take stronger measures to protect companies owned or controlled by them, … including, where appropriate, by requiring the exercise of human rights due diligence”.

The experiences of these pilot projects can be shared by appropriate means.

 

Objectively verifiable indicators –        Benchmark: NAP 1 and National Baseline Assessment (NBA) [Etude de base]

–        Contacts made by the political level

–        Follow-up by the administrative level

–        Reactions from the business community
Verification sources ×    Letters, e-mails and minutes of meetings

×    Discussions and decisions at internal governance level

×    Annual reports

×    Signings of the National Pact [Pacte National]
Expected results ×    Presentation of the National Pact to the companies

×    Increase in:

§ Formal commitments to apply the UNGPs

§ Due diligence processes in place

§ Remedies in place

§ Centralisation of documentary resources for economic actors

×  Serve as good practice for other companies, including those in which the state has a minority stake
Implementation timeline ×    1st phase: first semester 2020

×    2nd phase: duration of NAP 2
Means of implementation ×      Means of the ministries concerned

×      Internal resources of the companies concerned

×      Under the direction of: MAEE (Ministry of Foreign and European Affairs)

 

1.9. Introduce human rights due diligence as advocated by the Guiding Principles into public-private partnership arrangements

 

Context

The public-private partnership mechanisms in place, particularly at the level of development cooperation, provide opportunities to promote the implementation of the UN Guiding Principles on Business and Human Rights.

 

Objectively verifiable indicators ×        Benchmark: NAP 1

×        National Baseline Assessment (NBA) [Etude de base]

×        Evaluation from the “Business Partnership Facility”
Verification sources ×        Letters, e-mails and minutes of meetings

×        Discussions and decisions at internal governance level

×        Annual reports

×        Signings of the National Pact [Pacte National]
Expected results Increase in:

×        formal commitments to apply the UNGPs

×        due diligence processes in place

 
Implementation timeline Duration of NAP 2
Means of implementation ×      Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]

×      Competent ministries

×      Directorate for Cooperation and Humanitarian Action

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about State Owned Enterprises/ Public Private Partnerships

Supply chains

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.7. Follow up on the commitment to introduce a duty of care at a European level

 

Context

Following the Government’s commitment in the coalition agreement that “Luxembourg will support European initiatives to strengthen the social and environmental responsibility of transnational companies in the management of their supply chains and will commit itself at European level to binding and effective legislation”, the conclusions of the baseline study, the positions expressed by different actors within the working group on the need to introduce a binding duty of care for companies, recent legislative developments in other EU Member States and initiatives at the level of the European Parliament, a follow-up of the initiatives taken by Luxembourg in favour of European legislation on duty of care will be carried out in the framework of the National Action Plan.

To this end, regular reports will be made by the Ministry to the working group on the initiatives taken in favour of a duty of care at European level and on the progress of the work.

 

Objectively verifiable indicators ×        Benchmark: Coalition agreement
Verification sources ×        Report from the MAEE (Ministry of Foreign and European Affairs)

×        Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results Regular information of the working group members, sharing of published official documents and proposal of the working group to the Ministry
Implementation timeline Duration of NAP 2
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs)

 

2. The corporate responsibility to respect human rights

2.1. Awareness raising and training of companies on “Business and Human Rights”

 

Context

In order to be able to implement the UN Guiding Principles in their organisations and throughout their value chains, and to recognise the benefits of respecting human rights, companies need to be aware of what is expected of them and the means and opportunities available.

 

Objectively verifiable indicators ×        Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]

×        Economy Barometer [Baromètre de l’economie]

×        Training courses provided by House of Training, IMS – Fairtrade and ASTM, Finance & Human Rights asbl

×        A number of companies subscribing to the National Business and Human Rights Pact
Verification sources ×        UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

×        House of Training

×        Training courses IMS – Fairtrade and ASTM

×        Employers’ chamber [Chambre des salariés]

×        Human Rights Working Group [GT « Entreprises et droits de l’Homme »]
Expected results ×        Better understanding of the Guiding Principles and human rights issues in business
Implementation timeline Duration of NAP 2
Means of implementation ×        UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

×        House of Training, IMS – Fairtrade and ASTM, Finance & Human Rights asbl

×        Employers’ chamber [Chambre des salariés]

×        Specialised NGOs (notably UNICEF and Droits des enfants et principes commerciaux)

×        Consultants

 

2.2. Finalisation and implementation of the National Business and Human Rights Pact

 

Context

The National Business and Human Rights Pact is one of the concrete flagship actions of NAP 1. A sub-working group has put a lot of effort into the implementation of the National Pact.

Further effort is needed to finalise the process of assessing the annual reports that participating companies are required to submit on the implementation of the Guidelines in their organisations and throughout their economic value chains.

 

Objectively verifiable indicators ×        Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]

×        Text of the National Pact on Business and Human Rights

×        Review of the effectiveness of the instrument in 2022
Verification sources ×        MAEE (Ministry of Foreign and European Affairs)

×        UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

×        Initiative for the duty of care [Initiative pour un devoir de vigilance]
Expected results ×        Critical mass of companies subscribing to the National Pact

×        Annual reports on the implementation of the Guidelines submitted to the Business and Human Rights Working Group

×        Evaluation of annual reports

×        Recommendations to companies
Implementation timeline –       1st phase:

▪ Operational website

▪ Communication campaign

▪ Prospecting

▪ Launch

–       2nd phase: (as soon as possible) signing of the National Pact

–       3rd phase: 2020, training and implementation of due diligence processes in companies

–       4th phase: (March 2021) submission of first annual reports

–       5th phase: (between March and July 2021) evaluation of the first annual reports
Means of implementation –       MAEE (Ministry of Foreign and European Affairs)

–       Ministry of Economy

–       UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]

–       Companies

–       IMS

–       Business and Human Rights Working Group

–       External Consultant

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Supply chains

Taxation

‘Luxembourg’s NAP does not explicitly address this issue’

 

Read more about Taxation

The 2030 Agenda for Sustainable Development

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about The 2030 Agenda for Sustainable Development

Tourism sector

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Tourism sector

Trade

‘Luxembourg’s NAP does not explicitly address this issue’

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Trade

Workers’ rights

Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.11. Consider ratification of the 2014 Protocol (P29) to the ILO Forced Labour Convention

 

Context

The Protocol provides for access to appropriate and effective remedies and redress mechanisms, such as compensation for victims. It also strengthens international cooperation in the fight against forced or compulsory labour. The protocol emphasises the role of employers and workers in the fight against forced labour.

 

Objectively verifiable indicators ×        Benchmark: NAP 1
Verification sources ×        NAP 1 Implementation Report

×        Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results ×    Ratification of the Protocol
Implementation timeline As soon as possible
Means of implementation ×      MAEE (Ministry of Foreign and European Affairs), Directorate for European Affairs and International Economic Relations

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

Read more about Workers’ rights

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