Scotland

Status

Scotland’s 1st human rights NAP (2013-2017) states that:

“Scotland should, for example, continue to champion Climate Justice, and develop a plan to implement the UN Guiding Principles on Business and Human Rights”.

It lists as an action that:

“The Scottish and UK Governments, Scottish businesses and the Scottish Human Rights Commission will pursue the development of an action plan to implement the UN Guiding Principles on Business and Human Rights by Scotland and raise awareness among Scottish companies of their human rights responsibilities

Scotland’s 2nd human rights NAP (2023-2030) states:

“Human rights should be everyone’s business, including the private sector. Developing a Business and Human Rights Action Plan was an action for SNAP 1, and although work began on a draft, a final plan has not been published. If Scotland continues with developing a Business and Human Rights Action Plan, it is important that this is coordinated with SNAP as the national human rights action plan.”

…

“Human Rights Culture: ACTIONS

…

Monitor and review Scottish Government’s development and implementation of the emerging Scottish Business and Human Rights Action Plan.”

However, it is unclear whether a Scottish National Action Plan on Business and Human Rights is still being developed by the Scottish Government.

Process

It is understood that there was a sub-group of the SNAP Better World Action Group leading the NAP development. Membership of the sub-group includes: the Scottish Government, Scottish Human Rights Commission, Scottish Enterprise, Highlands & Islands Enterprise, and Business in the Community Scotland.

The current process is unclear.

Stakeholder Participation

The NAP process has an extensive public consultation phase, including online consultation of the NBA (December 2016), and consultation events with key stakeholder groups (Summer 2017 – Spring 2018).

The stakeholder consultations include several events targeted at specific audiences:

1. Civil Society/ Third Sector – June 2017 (You can read more about this event in a report produced by the Glasgow Council for the Voluntary Sector, Voluntary Action Scotland and the Scottish Council on Deafness)
2. Trade Unions – 8th November 2017  (You can read more about this event here)
3. Business Sector – 1st March 2018 (You can read more about this event here).
4. Responsible Business Workshop – 10th May 2018 (You can read more about this event in a report here).
5. Children and Young People – 19th June 2018

In June 2018 the Scottish Government, the Centre for Social and Environmental Accounting Research at the University of St. Andrews, and the Danish Institute for Human Rights organised a workshop in Edinburgh to inform the NAP process “Securing Sustainable and Accountable Business in Europe: the role of National Action Plans (NAPs)“. The Workshop brought experts from around Europe to discuss:

1. NAPs in Europe: past actions, current status and key questions
2. NAPs as a driver for action: government and business perspectives
3. Participation and democratic accountability: labour and civil society perspectives
4. Monitoring and follow-up to NAP implementation
5. Connecting with regional and international initiatives.

In order to aid in the development of the Scottish NAP, the Human Rights Commission has produced and published in April 2019 a comparative review of the 21 NAPs around the world. The comparative review is available here.

The draft NAP will be published online for further consultation.

Transparency

The Scottish Human Rights NAP has its own website. This included a page on business and rights, but this is no longer available (previous link).

National Baseline Assessment (NBA)

• Published in 2016 and revised in 2018. It is composed of an Executive Summary, Findings and Recommendations, and Annex of Evidence.
• Commissioned and funded by the State to inform the development of Scotland’s second NAP on Human Rights, which has been under development since late 2017, but has not been published as of February 2023.
• Conducted by academics from the University of St Andrews and the University of Dundee.
• Utilised the DIHR/ ICAR National Baseline Assessment Template. Based on desktop research and stakeholder consultations. Contains recommendations.