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NAP Development Process

Status

The ‘Programa Nacional sobre Empresas y Derechos Humanos’ (PNEDH) (hereafter referred to as NAP) is still in production and it is expected to be launched later in 2018.

Process

Mexico pndh 2014 2018 imageMexico’s NAP stems from the 2014-2018 National Human Rights Program (PNDH), which established under strategy 4.4 the need to Promote human rights and gender in the private sector, as well as in business policies and activities. The strategy contains for action items:

  1. Strengthening mechanisms aimed at guaranteeing business respect for human rights.
  2. Encouraging companies to disseminate human rights and include them in their declarations of principles, codes and policies.
  3. Promoting the human rights-based approach in corporate social responsibility.
  4. Promoting that the legislation that regulates companies guarantees respect for human rights.
  5. Help companies know their human rights obligations with respect to their workers and users. 

In parallel, seven civil society organisations formed the Mexican Focal Group on Business and Human Rights to advocate for the creation of a NAP in Mexico.

To implement the actions outlines in the PNDH, on September 2, 2015, the Ministry of Interior (Secretaría de Gobernación) in collaboration with the Ministry of Foreign Affairs, launched the National Working Group on Business and Human Rights (in Spanish), comprised of representatives federal public administration, representatives from the legislative and judicial branches, civil society organisations, including the Focal Group on Business and Human Rights, as well as business actors, academia, international organisations, trade unions and the National Commission for Human Rights.

The NAP process was formally launched during the UN Annual Forum on Business and Human Rights in December 2015.

A work plan was initially established that included conducting a diagnosis on the situation of human rights and business in Mexico, as well as the definition of contents, objectives, strategies and lines of action for the NAP. The work plan contemplated consultation and socialisation spaces throughout all stages of the process.

In April 2016, the Ministry of Interior signed a memorandum of understanding with the Danish Institute for Human Rights (DIHR) with the aim of providing technical advice on the process, build the capacity of state and business actors and develop the Human Rights and Business Country Guide to Mexico. The DIHR also participated and facilitated discussions in a number of multi-stakeholder meetings and forums throughout the NAP process.

In parallel, the Mexican Focal Group on Business and Human Rights authored and launched the Mexican National Baseline Assessment (NBA) (in Spanish).

In September 2016, the UN Working Group on business and human rights undertook a country mission to Mexico, where they met with all stakeholder groups to identify, assess and address the main human rights impacts of business. Many of the recommendations made by the UN Working Group to government were subsequently taken up in the draft NAP.

Mexico front pageThe draft NAP was developed based on contributions and recommendations made by governmental actors and experts, academics, civil society organisations and international organisations, which were gathered through national and regional forums, thematic workshops, Working Group meetings, and through written submissions. The NBA and Country Guide were also considered during the drafting process. Moreover, in June 2017, the Mexican government submitted the draft for online consultation.

Soon after a second draft of the NAP was published in July 2017, the civil society Focal Group decided to formally leave the process, and in particular, the multi-stakeholder Working Group, citing concerns over the lack alignment of the draft with recommendations made by civil society. Some civil society organisations in the focal group remain informally engaged in the process with the aim improving the draft NAP.

Since the launch of the process, the NAP launch date has been postponed given demands of various stakeholders to ensure greater dialogue and participation. The expected launch date is late 2018.

Stakeholder Participation

In the case of Mexico, a multi-stakeholder Working Group on Human Rights and Business comprised of state institutions, civil society, business, and academia was set up at the start of the NAP process. This group has met periodically throughout the NAP process to provide input and comment on the development, as well as the content, of the NAP. In turn, the participants have been able to share insights into the process and its development with the broader range of actors within their respective shareholder groups.

The group of seven civil society organisations formed the Mexican Focal Group on Business and Human Rights to advocate for the creation of a NAP in Mexico. This group, which later grew to include over ten organisation, authored the Mexican NBA, and formed part of the Working Group.

The recommendations submitted by the expanded civil society focal group can be found here (in Spanish).

Beyond multi-stakeholder participation in the working group and in the elaboration of the NBA, the draft NAP was also submitted for online consultation in June 2017.

Soon after a second draft of the NAP was published in July 2017, the civil society Focal Group decided to formally leave the process, and in particular, the multi-stakeholder Working Group, citing concerns over the lack alignment of the draft with recommendations made by civil society. Some civil society organisations in the focal group remain informally engaged in the process with the aim improving the draft NAP.

Transparency

Documents relating to the NAP development, including the draft NAP, have been published by the Mexican government online, as has an initial program of work (in Spanish).

National Baseline Assessment (NBA)

Mexican nba imageThe Mexican NBA was elaborated by the civil society Focal Group on Human Rights and Business. The document is 350 pages long and includes an executive summary to highlight the main findings.

The government accepted the NBA and supported its dissemination by hosting a public event after the NBA has been finalised in November 2016. Government actors, business representatives, and civil society organisations were invited to learn more about the different documents created to inform the NAP process.

UNICEF, with support of DLA Piper, led the creation of a thematic supplement to the NBA in relation to children’s rights and NAPs. UNICEF utilised a thematic baseline supplement authored by their own organisation in collaboration with the DIHR and ICAR.

Stakeholders views and analysis on the NAP




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