Spain

Guiding Principle 1

“Spain is party to all of the main treaties on human rights and, specifically, to the following:

• The Convention on the Rights of the Child and its three Optional Protocols.”

“Spain has also ratified the eight fundamental Conventions of the International Labor Organization (ILO):

• Worst Forms of Child Labour Convention. (No 182)”

Guiding Principle 2

Measure 3

“In particular, the Government will develop awareness-raising campaign on actions aimed to protect groups with greater risk of vulnerability. In this sense, and in collaboration with the Spanish and international organizations, the Government will disseminate the UNICEF document, Save the Children and the Global Compact “Children’s Rights and Business Principles” among the business sector and will specifically take into account General Comment No. 16 of 2013 of the Committee on the Rights of the Child.”

Measure 4

“The self-regulation codes will also be promoted, taking as an example relevant sector experiences, such as the Global Code of Ethics for Tourism of the World Tourism Organization (WTO) or the Code of Conduct for the protection of children and adolescents against sexual exploitation in the Tourism and Travel Industry, as well as the relevant labor conventions of the ILO.”

Read more about Children’s rights

Guiding Principle 7

The measures adopted regarding Guiding Principle 7 are incorporated to the obligations corresponding to the State under International Humanitarian Law in situations of armed conflict and in accordance with International Criminal Law and, in particular, those derived from signing of the Rome Statute of the International Criminal Court. In this context, it should also be noted that Spain is part of the Montreux Document on the relevant legal obligations and good practices of States with regard to the operations of private military and security companies during armed conflicts.

Measure 1

“The Government, through its representations abroad, will inform companies about the risks involved in their business activities and relationships, especially in areas affected by conflicts.”

Measure 2

“Within the framework of the implementation of the II National Action Plan on Women, Peace and Security, the Government will develop tools and action guides directed to companies on how to address the risk of sexual violence and gender violence in conflict situations.”

Measure 3

“The Government undertakes to include clauses on respect for human rights when contracting private military and security services in accordance with the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Official Officials (1990), the Code of Conduct for Law Enforcement Officials (1979) and the Arms Trade Treaty (2013).”

Measure 4

“The Government will promote the application of the OECD Due Diligence Guide for Supply Chains Responsible for Minerals in Conflict or High Risk Areas.”

Measure 5

“The Government will participate in multilateral efforts aimed at improving the prevention, mitigation and remedy of situations in which companies are involved in serious human rights abuse.”

Read more about Conflict-affected areas

Guiding Principle 3

Measure 5

“The implementation will be promoted by business and trade unions, general or sectorial, including representative organizations of social economy entities; as well as other institutions such as chambers of commerce, chambers abroad, universities, business schools, etc. of actions that should promote online training and advice and Resolution of queries, coordinated with those carried out in the application of the Spanish Strategy of Corporate Social Responsibility.”

Measure 6

“In accordance with the recommendations of the EU, the Government will promote information and training of SMEs and social economy entities, through all available means in business associations, and will promote the creation of sectorial forums of learning in order to discuss good practices and to reach commitments of interest for each sector.”

Read more about Construction sector

II. Antecedent and Context

Human rights are one of the elements that comprise Corporate Social Responsibility along with others such as social elements; environmental elements; also those relating to the balance of work and family life; good governance; and transparency.

Guiding Principle 2

Measure 4

“The self-regulation codes will also be promoted, taking as an example relevant sector experiences, such as the Global Code of Ethics for Tourism of the World Tourism Organization (WTO) or the Code of Conduct for the protection of children and adolescents against sexual exploitation in the Tourism and Travel Industry, as well as the relevant labor conventions of the ILO.”

Measure 7

“The Government will establish networks among Spanish companies or that the ones that operate in Spain for the promotion of: measures, procedures or internal systems that can effectively contribute to the prevention and/or mitigation of the negative consequences of business activities on human rights; as well as for the dissemination of good practices aimed to avoid these consequences, or to influence their avoidance, reduction or remedy. The establishment of procedures for internal assessment and determination of action will be promoted in a manner that avoids other negative consequences on human rights.”

Measure 8

“The Monitoring Commission will design and submit to the Government the adoption of an incentive system that includes both large companies and Small and Medium Enterprises (SMEs) that carry out policies in the field of human rights. These incentives may be economic, commercial, visibility and image, or other nature, to encourage companies to have policies and reliably certify that they have implemented adequate procedures at a global level according to their size and circumstances, namely:

A public commitment to assume its responsibility to respect human rights in accordance with the provisions of the Principle no. 16;

A process of due diligence aligned with the sectorial guides regarding the OECD (due diligence guidance), and based on the dialogue with stakeholders that allows identification, prevention, mitigation, and accountability of how they address the impact of their own activities and those that are directly related to their business relationships in accordance with the provisions of Principles no. 17 to no. 21;

Some processes that allow to remedy all the negative consequences on human rights that have caused or contributed to provoke according to what is established in Principles no. 22, no.29, no. 30, no. 31.”

Guiding Principle 3

Measure 10

In order to increase transparency, and the confidence of consumers and investors on Spanish companies, the Government will compile the reports that companies write voluntarily, in accordance with the Spanish Strategy for Corporate Social Responsibility, and the Article 39 of the Sustainable Economy Law. It will be encouraged that these take into account the impact of their activities on human rights, including the value chain, introducing a specific chapter for that purpose. Likewise, and in relation to the reports and reports mentioned in the article 35 2 a) of the Sustainable Economy Law, which binds state business corporations, and public business entities attached to the General State Administration, it will be promoted the inclusion of a section on human rights. In addition, the transposition of Directive 2014/95 / EU on disclosure of non-financial information and information about diversity by certain large companies and certain groups will be carried out.

Guiding Principle 28

Measure 1

“The Government will promote the development of practical guides and compile good practices on the establishment of grievance mechanisms managed by companies themselves that respect the criteria identified in Guiding Principle 31.”

Guiding Principle 30

Measure 1

“The Government will support the development of effective mechanisms for access to remedy in the collaborative mechanisms it participates in in accordance with the criteria identified in Guiding Principle 31.”

Measure 2

“The Government will publish the recommendations that are appropriate for the companies to establish or participate in the effective operational level grievance mechanisms available to the individuals affected by their negative consequences.”

Read more about Corporate law & corporate governance

The Spanish NAP makes no explicit reference to corruption.

Read more about Corruption

The Spanish NAP does not make an explicit reference to Data Protection and Privacy.

Read more about Data protection & privacy

Guiding Principle 4

Measure 1

“Within one year after the approval of this Plan, a Working Group will be created within the framework of the Strategic Plan for the Internationalization of the Spanish Economy, which will develop a specific Action Plan to examine the coherence of policies to support business internationalization, and its alignment with the Guiding Principles. The Working Group, which will present its conclusions to the Government, will study how cooperation for development, official credit agencies, export credit and official insurance or investment guarantee agencies of all administrations are able to condition, modulate or revise its support for investment based on the exercise of the responsibility to respect human rights by the beneficiary companies, both inside and outside of Spanish territory.”

Read more about Development finance institutions

Spain’s NAP makes no reference to the ICT and electronics sector.

Read more about Digital technology & electronics sector

Read more about Energy sector

II. Antecedents and Context [page 8]

Finally, it is appropriate to refer in this context to the approval by the Council of Ministers, on October 24, 2014, of the Spanish Strategy for Corporate Social Responsibility; this concept considers the impact of companies on societies. Human rights are one of the elements that comprise Corporate Social Responsibility along with others such as… environmental elements…

Guiding Principle 3

Measure 4

“The Regulations will be implemented and the Directives will be transposed, and the adaptation of the Spanish legal system to the Recommendations and the Opinions made by the EU regarding the Guiding Principles will be studied. This, will be done taking into account the reports published by the European Commission on the legal framework for human rights and the environment applicable to European companies operating outside the EU (2010), and on responsible management of the supply chain (2011) and other relevant reports.”

Guiding Principle 4

… Spain supports the OECD Council Recommendation on common approaches for export credits which benefit from official support and social and environmental due diligence.

Read more about Environment & climate change

Guiding Principle 1

Spain is party to all of the main treaties on human rights and, specifically, to the following: …

• the International Convention on the Elimination of All Forms of Racial Discrimination …
• the International Convention on the Elimination of All Forms of Discrimination against Women …

Spain has also ratified the eight fundamental Conventions of the International Labor Organization (ILO)

Guiding Principle 2

Measure 5

Likewise, an awareness-raising strategy will be carried out on how to avoid discriminatory practices in public and private companies (by distinction, exclusion or preference) because of gender, age, ethnic origin, race, religion, disability, political affiliation or union, sexual orientation, nationality, marital status, socioeconomic origin or any other personal distinction.

Guiding Principle 6

Measure 2

The Government will ensure strict respect for human rights by companies in commercial transactions with other companies, establishing the necessary measures so as to: not discriminate against SMEs; respect the provisions of the Treaty of the EU on nondiscrimination; equal treatment and transparency: and no administrative charges are to be added to contracting authorities or companies.

Read more about Equality & non-discrimination

Guiding Principle 4

“… Spain supports the OECD Council Recommendation on common approaches for export credits which benefit from official support and social and environmental due diligence.”

Measure 1

“Within one year after the approval of this Plan, a Working Group will be created within the framework of the Strategic Plan for the Internationalization of the Spanish Economy, which will develop a specific Action Plan to examine the coherence of policies to support business internationalization, and its alignment with the Guiding Principles. The Working Group, which will present its conclusions to the Government, will study how cooperation for development, official credit agencies, export credit and official insurance or investment guarantee agencies of all administrations are able to condition, modulate or revise its support for investment based on the exercise of the responsibility to respect human rights by the beneficiary companies, both inside and outside of Spanish territory.”

Measure 4

The Government will support the inclusion of human rights considerations in financial institutions for regional and international development.

Read more about Export credit

Guiding Principle 3

Measure 5

“The implementation will be promoted by business and trade unions, general or sectorial, including representative organizations of social economy entities; as well as other institutions such as chambers of commerce, chambers abroad, universities, business schools, etc. of actions that should promote online training and advice and Resolution of queries, coordinated with those carried out in the application of the Spanish Strategy of Corporate Social Responsibility.”

Guiding Principle 7

Measure 4

“The Government will promote the application of the OECD Due Diligence Guide for Supply Chains Responsible for Minerals in Conflict or High Risk Areas.”

Read more about Extractives sector

The Spanish NAP makes no explicit reference to extra-territorial jurisdiction. However the NAP makes numerous references to the appliacbility of laws, standards, and policies to businesses operating abroad.

Guiding Principle 3

Measure 4

“The Regulations will be implemented and the Directives will be transposed, and the adaptation of the Spanish legal system to the Recommendations and the Opinions made by the EU regarding the Guiding Principles will be studied. This, will be done taking into account the reports published by the European Commission on the legal framework for human rights and the environment applicable to European companies operating outside the EU (2010), and on responsible management of the supply chain (2011) and other relevant reports.”

Measure 9

“The Government will train the personnel of the State Foreign Service, in accordance with Law 2/2014, of March 25, of the Action and of State the Foreign Service, as well as to the agencies in charge of the internationalization of business abroad about the responsibility of companies to respect human rights and due diligence and redress procedures, and will incorporate the Guiding Principles into the Annual Plans for External Action and the Brand Spain. Likewise, through its Diplomatic Missions, Permanent Representations and respective Sectorial Offices, especially the Economic and Commercial Offices, as well as through the Consular Offices, Technical Cooperation Offices and Training Centers of Spanish Cooperation AECID abroad, will disseminate tools and guidelines according to the characteristics of each country.

Guiding Principle 4

Measure 1

“Within one year after the approval of this Plan, a Working Group will be created within the framework of the Strategic Plan for the Internationalization of the Spanish Economy, which will develop a specific Action Plan to examine the coherence of policies to support business internationalization, and its alignment with the Guiding Principles. The Working Group, which will present its conclusions to the Government, will study how cooperation for development, official credit agencies, export credit and official insurance or investment guarantee agencies of all administrations are able to condition, modulate or revise its support for investment based on the exercise of the responsibility to respect human rights by the beneficiary companies, both inside and outside of Spanish territory.”

Measure 3

“Regarding public sector companies, the Government will promote the principles of Socially Responsible Investment, and must value this investment, in particular, from the perspective of respect for human rights, both within and outside Spanish territory.”

Measure 4

“The Government will support the inclusion of human rights considerations in financial institutions for regional and international development.”

Guiding Principle 5

Measure 1

“The Public Administrations will exercise an adequate supervision of the possible impact on human rights when contracting the services of companies, both within and outside of Spanish territory. This supervision must take into account the criteria of the specialized institutions, in accordance with the application of the Spanish CSR Strategy.”

Guiding Principle 7

Measure 1

“The Government, through its representations abroad, will inform companies about the risks involved in their business activities and relationships, especially in areas affected by conflicts.”

Guiding Principle 8

Measure 1

“The Ministries of the Treasury and Public Function; Foreign Affairs and Cooperation; Economy, Industry and Competitiveness; Energy, Tourism and Digital Agenda will train and provide support on the Guiding Principles through their dependent agencies, to departments, government agencies and other state institutions that encourage and support the creation of businesses, business competitiveness and commercial and financial business practices in order to promote the coherence of policies and processes with the Guiding Principles and the international standards of human rights mandatory for Spain.”

Guiding Principle 9

Measure 1

“The Government will promote the inclusion of references to the respect of human rights in agreements on trade, investment or other related business activities signed by Spain that affect the scope of the Guiding Principles. Likewise, the Government will promote the inclusion of such references in the agreements entered into by the European Union with third-party States.”

Guiding Principle 10

Measure 1

“Spain will promote the effective implementation of the Guiding Principles within the framework of the mandate and activities of the United Nations Human Rights Council.”

Measure 2

“Spain will promote the inclusion of non-member states of the OECD to the Declaration on International Investment and Multinational Enterprises.”

Measure 3

“Spain will promote greater involvement of the International Labor Organization in the application of the Guiding Principles.”

Measure 4

“Spain will support the development of strategies on the implementation of the Guiding Principles within the framework of the European Union.”

Guiding Principle 27

Measure 1

The Monitoring Commission will carry out a study on the current regulatory body, the mechanisms of extrajudicial claim for the receipt of complaints and mediation along the existing parties and the possible needs expressed by them. Within one year from the approval of this Plan, and based on the recommendations derived from the aforementioned study, recommendations may be made on the extension of existing extrajudicial mechanisms or on the creation of new ones in accordance with the criteria established in Principle No. 31

Read more about Extraterritorial jurisdiction

Guiding Principle 4

Measure 1

“Within one year after the approval of this Plan, a Working Group will be created within the framework of the Strategic Plan for the Internationalization of the Spanish Economy, which will develop a specific Action Plan to examine the coherence of policies to support business internationalization, and its alignment with the Guiding Principles. The Working Group, which will present its conclusions to the Government, will study how cooperation for development, official credit agencies, export credit and official insurance or investment guarantee agencies of all administrations are able to condition, modulate or revise its support for investment based on the exercise of the responsibility to respect human rights by the beneficiary companies, both inside and outside of Spanish territory.”

Measure 4

“The Government will support the inclusion of human rights considerations in financial institutions for regional and international development.”

Guiding Principle 8

Measure 1

“The Ministries of the Treasury and Public Function; Foreign Affairs and Cooperation; Economy, Industry and Competitiveness; Energy, Tourism and Digital Agenda will train and provide support on the Guiding Principles through their dependent agencies, to departments, government agencies and other state institutions that encourage and support the creation of businesses, business competitiveness and commercial and financial business practices in order to promote the coherence of policies and processes with the Guiding Principles and the international standards of human rights mandatory for Spain.”

Guiding Principle 10

Measure 5

“Spain will promote the European Union, international organizations and international financial institutions of which Spain is member to share best practices with a view to encourage policy coherence and technical assistance to member states where requested.”

Read more about Finance & banking sector

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

Read more about Fisheries and aquaculture sectors

Guiding Principle 1

“Spain has also ratified the eight fundamental Conventions of the International Labor Organization (ILO):

• Forced Labour Convention (No 29).
• Abolition of Forced Labour Convention (No 105).”

Read more about Forced labour & modern slavery

Guiding Principle 1

“Spain has also ratified the eight fundamental Conventions of the International Labor Organization (ILO):

• Freedom of Association and Protection of the Right to Organise Conventions (No 87)
• Right to Organise and Collective Bargaining Convention (No 98).”

Read more about Freedom of association

II. ANTECEDENTS AND CONTEXT

Among the actions contemplated in the Plan, it is possible to find the development and implementation of National Plans of Action for the implementation of the Guiding Principles. In addition, there has been much debate about the role of the company in the field of EU development cooperation.

Among other things, we should mention the Council Conclusions on sustainable clothing value chains, approved in May 2017. The purpose of these Conclusions is to recall the areas in which cooperation can work to improve working, social and environmental conditions in the textile sector, supporting the efforts of all the actors involved: Governments of producing countries, civil society organizations, and the private sector. it is necessary to mention the 2030 Agenda for Sustainable Development approved by Within the framework of the United Nations, Resolution 70/1 of the United Nations General Assembly (UNGA) on September 25, 2015. – page 7

Read more about Garment, Textile and Footwear Sector

Guiding Principle 1

“Spain is party to all of the main treaties on human rights and, specifically, to the following:

the International Convention on the Elimination of All Forms of Discrimination against Women;

Guiding Principle 2

Measure 5

“Likewise, an awareness-raising strategy will be carried out on how to avoid discriminatory practices in public and private companies (by distinction, exclusion or preference) because of gender, age, ethnic origin, race, religion, disability, political affiliation or union, sexual orientation, nationality, marital status, socioeconomic origin or any other personal distinction.”

Guiding Principle 7

Measure 2

“Within the framework of the implementation of the II National Action Plan on Women, Peace and Security, the Government will develop tools and action guides directed to companies on how to address the risk of sexual violence and gender violence in conflict situations.”

Read more about Gender & women’s rights

Guiding Principle 2

Measure 1

“The Government will transfer the expectations described regarding human rights by companies to the business sector in a clear and consistent manner.”

Measure 2

“The Government will develop awareness and training actions based on the United Nations Guiding Principles on Business and Human Rights, the National Plan for Business and Human Rights, and the expectations of the State in matters of business and human rights. These actions can be organized, among others, with the National Contact Point of the OECD Guidelines for multinational companies, business associations, networks of the United Nations Global Compact, and civil society organizations. This action will be directed as a priority to those companies in which the State has participation, or to which it provides financial, diplomatic, or other support; to companies that may affect vulnerable groups; as well as to those companies that have received the endorsement of Brand Spain. The awareness actions will be directed to the personnel of the companies at different decision-making levels, including the boards of directors and governing bodies.”

Measure 3

“In particular, the Government will develop awareness-raising campaign on actions aimed to protect groups with greater risk of vulnerability. In this sense, and in collaboration with the Spanish and international organizations, the Government will disseminate the UNICEF document, Save the Children and the Global Compact “Children’s Rights and Business Principles” among the business sector and will specifically take into account General Comment No. 16 of 2013 of the Committee on the Rights of the Child.”

Measure 4

“The self-regulation codes will also be promoted, taking as an example relevant sector experiences, such as the Global Code of Ethics for Tourism of the World Tourism Organization (WTO) or the Code of Conduct for the protection of children and adolescents against sexual exploitation in the Tourism and Travel Industry, as well as the relevant labor conventions of the ILO.”

Measure 5

“Likewise, an awareness-raising strategy will be carried out on how to avoid discriminatory practices in public and private companies (by distinction, exclusion or preference) because of gender, age, ethnic origin, race, religion, disability, political affiliation or union, sexual orientation, nationality, marital status, socioeconomic origin or any other personal distinction.”

Measure 6

“Companies and vulnerable sectors will be informed about ILO Convention 169 on Indigenous and Tribal Peoples (1989), and the United Nations Declaration on the Rights of Indigenous Peoples (2007). This awareness-raising action will demonstrate the benefits that the respect for human rights can have for companies, as well as highlight examples of good practices.”

Measure 7

“The Government will establish networks among Spanish companies or that the ones that operate in Spain for the promotion of: measures, procedures or internal systems that can effectively contribute to the prevention and/or mitigation of the negative consequences of business activities on human rights; as well as for the dissemination of good practices aimed to avoid these consequences, or to influence their avoidance, reduction or remedy. The establishment of procedures for internal assessment and determination of action will be promoted in a manner that avoids other negative consequences on human rights.”

Measure 8

“The Monitoring Commission will design and submit to the Government the adoption of an incentive system that includes both large companies and Small and Medium Enterprises (SMEs) that carry out policies in the field of human rights. These incentives may be economic, commercial, visibility and image, or other nature, to encourage companies to have policies and reliably certify that they have implemented adequate procedures at a global level according to their size and circumstances, namely:

• A public commitment to assume its responsibility to respect human rights in accordance with the provisions of the Principle no. 16;

• A process of due diligence aligned with the sectorial guides regarding the OECD (due diligence guidance), and based on the dialogue with stakeholders that allows identification, prevention, mitigation, and accountability of how they address the impact of their own activities and those that are directly related to their business relationships in accordance with the provisions of Principles no. 17 to no. 21;
• Some processes that allow to remedy all the negative consequences on human rights that have caused or contributed to provoke according to what is established in Principles no. 22, no.29, no. 30, no. 31.”

Guiding Principle 3

Measure 5

“The implementation will be promoted by business and trade unions, general or sectorial, including representative organizations of social economy entities; as well as other institutions such as chambers of commerce, chambers abroad, universities, business schools, etc. of actions that should promote online training and advice and Resolution of queries, coordinated with those carried out in the application of the Spanish Strategy of Corporate Social Responsibility.”

Measure 6

“In accordance with the recommendations of the EU, the Government will promote information and training of SMEs and social economy entities, through all available means in business associations, and will promote the creation of sectorial forums of learning in order to discuss good practices and to reach commitments of interest for each sector.”

Measure 7

“In parallel, the Government, in collaboration with independent and specialized institutions with accredited experience in human rights matters where conflicts of interest do not arise, will collaborate in the creation and consolidation of on-site training programs and will promote the inclusion of specific contents on human rights in the training activities of business organizations and of the Public Administration.”

Measure 8

The Government will collaborate with other governments in the development of training materials and tools

Measures 11

The National Contact Point of the “OECD Guidelines” will act as a focal point to provide information and advice on business and human rights issues.

Guiding Principle 7

Measure 1

“The Government, through its representations abroad, will inform companies about the risks involved in their business activities and relationships, especially in areas affected by conflicts.”

Measure 2

“Within the framework of the implementation of the II National Action Plan on Women, Peace and Security, the Government will develop tools and action guides directed to companies on how to address the risk of sexual violence and gender violence in conflict situations.”

Guiding Principle 28

Measure 1

“The Government will promote the development of practical guides and compile good practices on the establishment of grievance mechanisms managed by companies themselves that respect the criteria identified in Guiding Principle 31.”

Guiding Principle 30

Measure 2

“The Government will issue recommendations so that the companies establish or participate in effective complaints mechanisms at an operational level are available to people who suffer negative consequences.”

Read more about Guidance to business

The Spanish NAP does not make an explicit reference to health and social care.

Read more about Health and social care

The Spanish NAP makes no reference to whistle-blowers. It contains the following references to human rights defenders.

Guiding Principle 25

In relation to the access to reparation mechanisms, it is important to highlight the role of human rights defenders, and the serious obstacle posed by threats or repression directed against them. In this context, it is worth mentioning the Program for Protection and Temporary Shelter of Threatened Human Rights Defenders, managed by the Human Rights Office of the Ministry of Foreign Affairs and Cooperation since 1995. The Program is directed to threatened human rights defenders in at risk situations due to non-violent activity in defence of universally recognised human rights. The Program is developed in close collaboration with civil society organisations, which can request the inclusion of a person in the Program.

Measure 3

“The Government will apply its commitments derived from the United Nations Declaration on Human Rights Defenders.”

Read more about Human rights defenders & whistle-blowers

Guiding Principle 2

Measure 7

“The Government will establish networks among Spanish companies or that the ones that operate in Spain for the promotion of: measures, procedures or internal systems that can effectively contribute to the prevention and/or mitigation of the negative consequences of business activities on human rights; as well as for the dissemination of good practices aimed to avoid these consequences, or to influence their avoidance, reduction or remedy. The establishment of procedures for internal assessment and determination of action will be promoted in a manner that avoids other negative consequences on human rights.”

Measure 8

“The Monitoring Commission will design and submit to the Government the adoption of an incentive system that includes both large companies and Small and Medium Enterprises (SMEs) that carry out policies in the field of human rights. These incentives may be economic, commercial, visibility and image, or other nature, to encourage companies to have policies and reliably certify that they have implemented adequate procedures at a global level according to their size and circumstances, namely:

• A public commitment to assume its responsibility to respect human rights in accordance with the provisions of the Principle no. 16;
• A process of due diligence aligned with the sectorial guides regarding the OECD (due diligence guidance), and based on the dialogue with stakeholders that allows identification, prevention, mitigation, and accountability of how they address the impact of their own activities and those that are directly related to their business relationships in accordance with the provisions of Principles no. 17 to no. 21;
• Some processes that allow to remedy all the negative consequences on human rights that have caused or contributed to provoke according to what is established in Principles no. 22, no.29, no. 30, no. 31.”

Guiding Principle 3

Measure 10

“In order to increase transparency, and the confidence of consumers and investors on Spanish companies, the Government will compile the reports that companies write voluntarily, in accordance with the Spanish Strategy for Corporate Social Responsibility, and the Article 39 of the Sustainable Economy Law. It will be encouraged that these take into account the impact of their activities on human rights, including the value chain, introducing a specific chapter for that purpose. Likewise, and in relation to the reports and reports mentioned in the article 35 2 a) of the Sustainable Economy Law, which binds state business corporations, and public business entities attached to the General State Administration, it will be promoted the inclusion of a section on human rights. In addition, the transposition of Directive 2014/95 / EU on disclosure of non-financial information and information about diversity by certain large companies and certain groups will be carried out.”

Read more about Human rights impact assessments

Guiding Principle 1

… it should be noted that Spain is a party to ILO Convention No. 169 on Indigenous Peoples.

Guiding Principle 21

Measure 6

Companies and vulnerable sectors will be informed about ILO Convention 169 on Indigenous and Tribal Peoples (1989), and the United Nations Declaration on the Rights of Indigenous Peoples (2007). This awareness-raising action will demonstrate the benefits that the respect for human rights can have for companies, as well as highlight examples of good practices.

Read more about Indigenous peoples

Guiding Principle 9

Measure 1

“The Government will promote the inclusion of references to the respect of human rights in agreements on trade, investment or other related business activities signed by Spain that affect the scope of the Guiding Principles. Likewise, the Government will promote the inclusion of such references in the agreements entered into by the European Union with third-party States.”

Measure 2

“The Government will promote awareness-raising and the implementation of the United Nations Principles for Responsible Contracts recommendations, developed in 2011 by the then Special Representative of the Secretary-General John Ruggie (A/HRC/17/31/Add.3, 2011)”

Read more about Investment treaties & investor-state dispute settlements

Guiding Principle 25

Measure 1

“Within one year from the approval of this Plan, the Monitoring Commission will prepare a report on the legal mechanisms through which the civil liability of companies that cause damage or harm to human rights, including damage or harm caused through the lack of action on due diligence for the prevention of their own behavior, or that of their employees or agents, or that of the companies belonging to the same business group.”

Measure 2

“The Government will collaborate with civil society organizations in the distribution of existing redress mechanisms available to victims of human rights abuses caused by the activity of companies.”

Measure 3

“The Government will apply its commitments derived from the United Nations Declaration on Human Rights Defenders.”

Guiding Principle 26

The independence of the judiciary, stipulated in Article 117 of the Spanish Constitution, is an essential element to guarantee access to effective judicial redress mechanisms.

Regarding the need to remove obstacles of any kind that may limit access to remedy, which may include temporary limitations, it should be noted that the Spanish legal system provides no statute of limitation for the most serious crimes, that is, genocide, war crimes, and crimes against humanity.

In 2010 a system of criminal liability of legal persons was introduced in the Spanish legal system (Article 31.bis of the Criminal Code), which was subject of technical improvement in 2015. This institution constitutes an important mechanism for the reparation of any damage caused by a company’s activity to the possible victims.

Finally, the Law on Free Legal Aid guarantees that the lack of resources will not be an obstacle to access judicial mechanisms of reparation.

Measure 1

“The Government, through the policy of cooperation for development, will support the efforts of third-party States in favor of strengthening the independence of the judiciary.”

Measure 2

“Specific training on business and human rights will be provided to judges and prosecutors.”

Measure 3

“The Government will develop and provide the necessary instruments so that every citizen can have access to comprehensible information about all of the grievance mechanisms that they can use. Therefore, a map of the existing resources in terms of legal assistance will be made and publicized.”

Guiding Principle 30

Measure 1

The Government will support the development of effective remedy mechanisms in the collaborative initiatives in which it participates reflecting the criteria identified in the Guiding Principle 31.

Read more about Judicial remedy

The Spanish NAP makes no explicit reference to land.

Read more about Land

Guiding Principle 2

The State expects from Spanish companies, in Spain and abroad, a behavior consistent with its responsibility to respect human rights, which implies that they must act with due diligence, depending on their size and circumstances, to avoid the violation of the rights of third parties and to deal with the adverse impacts of their activity. In this regard, in addition to recalling the obligation incumbent upon the State to protect human rights, which includes abuses that may result from business activity, also the need to preserve the reputation of the State and to promote the Brand Spain should be noted.

Measure 7

“The Government will establish networks among Spanish companies or that the ones that operate in Spain for the promotion of: measures, procedures or internal systems that can effectively contribute to the prevention and/or mitigation of the negative consequences of business activities on human rights; as well as for the dissemination of good practices aimed to avoid these consequences, or to influence their avoidance, reduction or remedy. The establishment of procedures for internal assessment and determination of action will be promoted in a manner that avoids other negative consequences on human rights.”

Measure 8

“The Monitoring Commission will design and submit to the Government the adoption of an incentive system that includes both large companies and Small and Medium Enterprises (SMEs) that carry out policies in the field of human rights. These incentives may be economic, commercial, visibility and image, or other nature, to encourage companies to have policies and reliably certify that they have implemented adequate procedures at a global level according to their size and circumstances, namely:

• A public commitment to assume its responsibility to respect human rights in accordance with the provisions of the Principle no. 16;
• A process of due diligence aligned with the sectorial guides regarding the OECD (due diligence guidance), and based on the dialogue with stakeholders that allows identification, prevention, mitigation, and accountability of how they address the impact of their own activities and those that are directly related to their business relationships in accordance with the provisions of Principles no. 17 to no. 21;
• Some processes that allow to remedy all the negative consequences on human rights that have caused or contributed to provoke according to what is established in Principles no. 22, no.29, no. 30, no. 31.”

Guiding Principle 3

Measure 9

“The Government will train the personnel of the State Foreign Service, in accordance with Law 2/2014, of March 25, of the Action and of State the Foreign Service, as well as to the agencies in charge of the internationalization of business abroad about the responsibility of companies to respect human rights and due diligence and redress procedures, and will incorporate the Guiding Principles into the Annual Plans for External Action and the Brand Spain. Likewise, through its Diplomatic Missions, Permanent Representations and respective Sectorial Offices, especially the Economic and Commercial Offices, as well as through the Consular Offices, Technical Cooperation Offices and Training Centers of Spanish Cooperation AECID abroad, will disseminate tools and guidelines according to the characteristics of each country.”

Measure 10

“In order to increase transparency, and the confidence of consumers and investors on Spanish companies, the Government will compile the reports that companies write voluntarily, in accordance with the Spanish Strategy for Corporate Social Responsibility, and the Article 39 of the Sustainable Economy Law. It will be encouraged that these take into account the impact of their activities on human rights, including the value chain, introducing a specific chapter for that purpose. Likewise, and in relation to the reports and reports mentioned in the article 35 2 a) of the Sustainable Economy Law, which binds state business corporations, and public business entities attached to the General State Administration, it will be promoted the inclusion of a section on human rights. In addition, the transposition of Directive 2014/95/EU on disclosure of non-financial information and information about diversity by certain large companies and certain groups will be carried out.”

Guiding Principle 4

… Spain supports the OECD Council Recommendation on common approaches for export credits which benefit from official support and social and environmental due diligence.

Guiding Principle 7

Measure 4

“The Government will promote the application of the OECD Due Diligence Guide for Supply Chains Responsible for Minerals in Conflict or High Risk Areas.”

Guiding Principle 25

Measure 1

“Within one year from the approval of this Plan, the Monitoring Commission will prepare a report on the legal mechanisms through which the civil liability of companies that cause damage or harm to human rights, including damage or harm caused through the lack of action on due diligence for the prevention of their own behavior, or that of their employees or agents, or that of the companies belonging to the same business group.”

Read more about Mandatory human rights due diligence

The Spanish NAP makes no explicit reference to migrant workers

Read more about Migrant workers

Guiding Principle 27

“In relation to human rights abuses caused by companies, if there is, or might be, a presumed irregular action by the Public Administration, any citizen can go to the Ombudsman and demand their intervention.”

Monitoring and Update

“The Monitoring Commission may invite the Ombudsman, who will have a voice but not a vote. The Commission may also appoint experts of recognized prestige who support their work with their knowledge and experience. These experts may come from the public sector, academia, business, business, trade unions and social organizations, or be professionals in the protection and defense of human rights. These experts will be able to participate in the meetings of the Monitoring Commission as advisors or be consulted on specific issues, but they will not have decision-making capacity.”

Read more about National Human Rights Institutions/ Ombudspersons

Guiding Principle 3

Measure 10

“In order to increase transparency, and the confidence of consumers and investors on Spanish companies, the Government will compile the reports that companies write voluntarily, in accordance with the Spanish Strategy for Corporate Social Responsibility, and the Article 39 of the Sustainable Economy Law. It will be encouraged that these take into account the impact of their activities on human rights, including the value chain, introducing a specific chapter for that purpose. Likewise, and in relation to the reports and reports mentioned in the article 35 2 a) of the Sustainable Economy Law, which binds state business corporations, and public business entities attached to the General State Administration, it will be promoted the inclusion of a section on human rights. In addition, the transposition of Directive 2014/95 / EU on disclosure of non-financial information and information about diversity by certain large companies and certain groups will be carried out.”

Read more about Non-financial reporting

Guiding Principle 2

Measure 7

“The Government will establish networks among Spanish companies or that the ones that operate in Spain for the promotion of: measures, procedures or internal systems that can effectively contribute to the prevention and/or mitigation of the negative consequences of business activities on human rights; as well as for the dissemination of good practices aimed to avoid these consequences, or to influence their avoidance, reduction or remedy. The establishment of procedures for internal assessment and determination of action will be promoted in a manner that avoids other negative consequences on human rights.”

Measure 8

“The Monitoring Commission will design and submit to the Government the adoption of an incentive system that includes both large companies and Small and Medium Enterprises (SMEs) that carry out policies in the field of human rights. These incentives may be economic, commercial, visibility and image, or other nature, to encourage companies to have policies and reliably certify that they have implemented adequate procedures at a global level according to their size and circumstances, namely:

• A public commitment to assume its responsibility to respect human rights in accordance with the provisions of the Principle no. 16;
• A process of due diligence aligned with the sectorial guides regarding the OECD (due diligence guidance), and based on the dialogue with stakeholders that allows identification, prevention, mitigation, and accountability of how they address the impact of their own activities and those that are directly related to their business relationships in accordance with the provisions of Principles no. 17 to no. 21;
• Some processes that allow to remedy all the negative consequences on human rights that have caused or contributed to provoke according to what is established in Principles no. 22, no.29, no. 30, no. 31.”

Guiding Principle 7

Measure 5

“The Government will participate in multilateral efforts aimed at improving the prevention, mitigation and remedy of situations in which companies are involved in serious human rights abuse.”

Guiding Principle 25

Measure 2

“The Government will collaborate with civil society organizations in the distribution of existing redress mechanisms available to victims of human rights abuses caused by the activity of companies.”

Guiding Principle 26

Measure 3

The Government will develop and provide the necessary instruments so that every citizen can have access to comprehensible information about all of the grievance mechanisms that they can use. Therefore, a map of the existing resources in terms of legal assistance will be made and publicized.

Guiding Principle 27

Among the existing extrajudicial grievance mechanisms, it is worth mentioning the Spanish National Contact Point of the OECD Guidelines for multinational companies.

Furthermore, the Labor and Social Security Inspectorate of the Ministry of Employment and Social Security can provide arbitration, conciliation and mediation services for parties affected by labor disputes, when the parties agree to this process.

In relation to human rights abuses caused by companies, if there is, or might be, a presumed irregular action by the Public Administration, any citizen can go to the Ombudsman and demand their intervention.

Measure 1

“The Monitoring Commission will carry out a study on the current regulatory body, the mechanisms of extrajudicial claim for the receipt of complaints and mediation along the existing parties and the possible needs expressed by them. Within one year from the approval of this Plan, and based on the recommendations derived from the aforementioned study, recommendations may be made on the extension of existing extrajudicial mechanisms or on the creation of new ones in accordance with the criteria established in Principle No. 31.”

Guiding Principle 28

Measure 1

“The Government will promote the development of practical guides and compile good practices on the establishment of grievance mechanisms managed by companies themselves that respect the criteria identified in Guiding Principle 31.”

Guiding Principle 30

Measure 1

“The Government will support the development of effective mechanisms for access to remedy in the collaborative mechanisms it participates in in accordance with the criteria identified in Guiding Principle 31.”

Measure 2

“The Government will publish the recommendations that are appropriate for the companies to establish or participate in the effective operational level grievance mechanisms available to the individuals affected by their negative consequences.”

Read more about Non-judicial grievance mechanisms

Guiding Principle 2

Measure 2

“The Government will develop awareness and training actions based on the United Nations Guiding Principles on Business and Human Rights, the National Plan for Business and Human Rights, and the expectations of the State in matters of business and human rights. These actions can be organized, among others, with the National Contact Point of the OECD Guidelines for multinational companies, business associations, networks of the United Nations Global Compact, and civil society organizations. This action will be directed as a priority to those companies in which the State has participation, or to which it provides financial, diplomatic, or other support; to companies that may affect vulnerable groups; as well as to those companies that have received the endorsement of Brand Spain. The awareness actions will be directed to the personnel of the companies at different decision-making levels, including the boards of directors and governing bodies.”

Guiding Principle 3

Measure 11

“The National Contact Point of the “OECD Guidelines” will act as a focal point to provide information and advice on business and human rights issues.”

Guiding Principle 27

Among the existing extrajudicial grievance mechanisms, it is worth mentioning the Spanish National Contact Point of the OECD Guidelines for multinational companies.

Read more about OECD National Contact Points

Guiding Principle 1

Spain is party to all of the main treaties on human rights and, specifically, to the following: …

• Convention on the Rights of Persons with Disabilities;

Guiding Principle 21

Measure 5

Likewise, an awareness-raising strategy will be carried out on how to avoid discriminatory practices in public and private companies (by distinction, exclusion or preference) because of… disability…

Read more about Persons with disabilities

Guiding Principle 3

Measure 3

“The Monitoring Committee, referred to in chapter IV of this Plan, in collaboration with the State Council for Corporate Social Responsibility (CERSE), will periodically evaluate if the laws and regulations to which the Guiding Principle 3 refers are appropriate.”

Measure 4

“The Regulations will be implemented and the Directives will be transposed, and the adaptation of the Spanish legal system to the Recommendations and the Opinions made by the EU regarding the Guiding Principles will be studied. This, will be done taking into account the reports published by the European Commission on the legal framework for human rights and the environment applicable to European companies operating outside the EU (2010), and on responsible management of the supply chain (2011) and other relevant reports.”

Measure 7

“In parallel, the Government, in collaboration with independent and specialized institutions with accredited experience in human rights matters where conflicts of interest do not arise, will collaborate in the creation and consolidation of on-site training programs and will promote the inclusion of specific contents on human rights in the training activities of business organizations and of the Public Administration.”

Measure 8

“The Government will collaborate with other governments in the development of training materials and tools.”

Measure 9

“The Government will train the personnel of the State Foreign Service, in accordance with Law 2/2014, of March 25, of the Action and of State the Foreign Service, as well as to the agencies in charge of the internationalization of business abroad about the responsibility of companies to respect human rights and due diligence and redress procedures, and will incorporate the Guiding Principles into the Annual Plans for External Action and the Brand Spain. Likewise, through its Diplomatic Missions, Permanent Representations and respective Sectorial Offices, especially the Economic and Commercial Offices, as well as through the Consular Offices, Technical Cooperation Offices and Training Centers of Spanish Cooperation AECID abroad, will disseminate tools and guidelines according to the characteristics of each country.”

Guiding Principle 4

Measure 1

“Within one year after the approval of this Plan, a Working Group will be created within the framework of the Strategic Plan for the Internationalization of the Spanish Economy, which will develop a specific Action Plan to examine the coherence of policies to support business internationalization, and its alignment with the Guiding Principles. The Working Group, which will present its conclusions to the Government, will study how cooperation for development, official credit agencies, export credit and official insurance or investment guarantee agencies of all administrations are able to condition, modulate or revise its support for investment based on the exercise of the responsibility to respect human rights by the beneficiary companies, both inside and outside of Spanish territory.”

Guiding Principle 8

Measure 1

“The Ministries of the Treasury and Public Function; Foreign Affairs and Cooperation; Economy, Industry and Competitiveness; Energy, Tourism and Digital Agenda will train and provide support on the Guiding Principles through their dependent agencies, to departments, government agencies and other state institutions that encourage and support the creation of businesses, business competitiveness and commercial and financial business practices in order to promote the coherence of policies and processes with the Guiding Principles and the international standards of human rights mandatory for Spain.”

Measure 2

“The Government will distribute the National Business and Human Rights Plan among civil servants and public employees through its publication in electronic and paper format.”

Guiding Principle 10

Measure 5

“Spain will promote the European Union, international organizations and international financial institutions of which Spain is member to share best practices with a view to encourage policy coherence and technical assistance to member states where requested.”

Guiding Principle 26

Measure 1

The Government, through the policy of cooperation for development, will support the efforts of third-party States in favor of strengthening the independence of the judiciary.

IV Monitoring and Update

“The Government will create a Plan Monitoring Commission within the quarter after its approval. This Follow-up Commission will be composed of the Ministry of the Presidency; the Ministry of Foreign Affairs and Cooperation; the Ministry of Employment and Social Security; the Ministry of Energy, Tourism and the Digital Agenda; the Ministry of Economy, Industry and Competitiveness; the Ministry of the Treasury and Public Function; the Ministry of Justice; and the Ministry of Health, Social Services and Equality. The Commission may decide to include other Ministries in its meetings. Each Ministry will appoint one or more representatives to attend the meetings. When these Ministries are represented in the State Council for Corporate Social Responsibility, the same person must hold the representation in both bodies in order to maintain the maximum connection between them. The decisions will be made by consensus.

…

An annual meeting with the Permanent Commission of the State Council for Corporate Social Responsibility will be requested to promote coherence in the activities of both organisations.”

Read more about Policy coherence

B. PILLAR I: The State duty to protect human rights

B.2. OPERACIONAL PRINCIPLES

Guiding Principle 5. States should exercise adequate oversight in order to meet their international human rights obligations when they contract with, or legislate for, business enterprises to provide services that may impact upon the enjoyment of human rights.

[Page 18]

Guiding Principle 5 considers situations in which the State contracts with companies to provide services with a possible impact on the enjoyment of human rights. The lack of guarantees for the respect for human rights by companies which provide such services can have detrimental consequences for the State itself, not only in the field of reputation but also in the legal field.

MEASURES:

1. The Public Administrations will exercise an adequate supervision of the possible impact on human rights when contracting the services of companies, both within and outside of Spanish territory. This supervision must take into account the criteria of the specialized institutions, in accordance with the application of the Spanish CSR Strategy.

Read more about Privatisation

Guiding Principle 5

Measure 1

“The Public Administrations will exercise an adequate supervision of the possible impact on human rights when contracting the services of companies, both within and outside of Spanish territory. This supervision must take into account the criteria of the specialized institutions, in accordance with the application of the Spanish CSR Strategy.”

Guiding Principle 6

Measure 1

“The Government will examine how to apply criteria aligned with the Guiding Principles in relation to Royal Legislative Decree 3/2011, of November 14, which approves the revised text of the Public Sector Contracts Law, the Law 16 24/2011 , of 1 August, of contracts of the public sector in the fields of defense and security, and other regulations in force in the same field..”

Measure 2

“The Government will ensure strict respect for human rights by companies in commercial transactions with other companies, establishing the necessary measures so as to: not discriminate against SMEs; respect the provisions of the Treaty of the EU on non-discrimination; equal treatment and transparency: and no administrative charges are to be added to contracting authorities or companies.”

Read more about Public procurement

Guiding Principle 6

Measure 1

“The Government will examine how to apply criteria aligned with the Guiding Principles in relation to Royal Legislative Decree 3/2011, of November 14, which approves the revised text of the Public Sector Contracts Law, the Law 16 24/2011 , of 1 August, of contracts of the public sector in the fields of defense and security, and other regulations in force in the same field”

Guiding Principle 7

Measure 2

“Within the framework of the implementation of the II National Action Plan on Women, Peace and Security, the Government will develop tools and action guides directed to companies on how to address the risk of sexual violence and gender violence in conflict situations.”

Measure 3

“The Government undertakes to include clauses on respect for human rights when contracting private military and security services in accordance with the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Official Officials (1990), the Code of Conduct for Law Enforcement Officials (1979) and the Arms Trade Treaty (2013).”

Read more about Security sector

I. Commitment to implement the United Nations Guiding Principles on Business and Human Rights

Many companies in our country have already incorporated this responsibility in the field of human rights into their business strategy. Others, particularly small and medium-sized enterprises, will find in this Action Plan the adequate tools to address this responsibility to respect human rights in the development of their operations.

Guiding Principle 2

The State expects from Spanish companies, in Spain and abroad, a behavior consistent with its responsibility to respect human rights, which implies that they must act with due diligence, depending on their size and circumstances, to avoid the violation of the rights of third parties and to deal with the adverse impacts of their activity.

Measure 8

The Monitoring Commission will design and submit to the Government the adoption of an incentive system that includes both large companies and Small and Medium Enterprises (SMEs) that carry out policies in the field of human rights. These incentives may be economic, commercial, visibility and image, or other nature, to encourage companies to have policies and reliably certify that they have implemented adequate procedures at a global level according to their size and circumstances, namely:

• A public commitment to assume its responsibility to respect human rights in accordance with the provisions of the Principle no. 16;

• A process of due diligence aligned with the sectorial guides regarding the OECD (due diligence guidance), and based on the dialogue with stakeholders that allows identification, prevention, mitigation, and accountability of how they address the impact of their own activities and those that are directly related to their business relationships in accordance with the provisions of Principles no. 17 to no. 21;

• Some processes that allow to remedy all the negative consequences on human rights that have caused or contributed to provoke according to what is established in Principles no. 22, no.29, no. 30, no. 31.

Guiding Principle 3

Measure 6

“In accordance with the recommendations of the EU, the Government will promote information and training of SMEs and social economy entities, through all available means in business associations, and will promote the creation of sectorial forums of learning in order to discuss good practices and to reach commitments of interest for each sector.”

Guiding Principle 6

Measure 2

“The Government will ensure strict respect for human rights by companies in commercial transactions with other companies, establishing the necessary measures so as to: not discriminate against SMEs; respect the provisions of the Treaty of the EU on non-discrimination; equal treatment and transparency: and no administrative charges are to be added to contracting authorities or companies.”

Read more about Small & medium-sized enterprises

Guiding Principle 4

Measure 1

Within one year after the approval of this Plan, a Working Group will be created within the framework of the Strategic Plan for the Internationalization of the Spanish Economy, which will develop a specific Action Plan to examine the coherence of policies to support business internationalization, and its alignment with the Guiding Principles. The Working Group, which will present its conclusions to the Government, will study how cooperation for development, official credit agencies, export credit and official insurance or investment guarantee agencies of all administrations are able to condition, modulate or revise its support for investment based on the exercise of the responsibility to respect human rights by the beneficiary companies, both inside and outside of Spanish territory.

Measure 3

Regarding public sector companies, the Government will promote the principles of Socially Responsible Investment, and must value this investment, in particular, from the perspective of respect for human rights, both within and outside Spanish territory.

Guiding Principle 21

Measures 2

The Government will develop awareness and training actions based on the United Nations Guiding Principles on Business and Human Rights, the National Plan for Business and Human Rights, and the expectations of the State in matters of business and human rights. These actions can be organised, among others, with the National Contact Point of the OECD Guidelines for multinational companies, business associations, networks of the United Nations Global Compact, and civil society organisations. This action will be directed as a priority to those companies in which the State has participation, or to which it provides financial, diplomatic, or other support…The awareness actions will be directed to the personnel of the companies at different decision-making levels, including the boards of directors and governing bodies.

Measure 5

Likewise, an awareness-raising strategy will be carried out on how to avoid discriminatory practices in public and private companies (by distinction, exclusion or preference) because of gender, age, ethnic origin, race, religion, disability, political affiliation or union, sexual orientation, nationality, marital status, socioeconomic origin or any other personal distinction.

Read more about State Owned Enterprises/ Public Private Partnerships

II. Antecedents and Context

… In addition, there has been much debate about the role of the company in the field of EU development cooperation. Among other things, we should mention the Council Conclusions on sustainable clothing value chains, approved in May 2017. …

Guiding Principle 2

Measure 7

“The Government will establish networks among Spanish companies or that the ones that operate in Spain for the promotion of: measures, procedures or internal systems that can effectively contribute to the prevention and/or mitigation of the negative consequences of business activities on human rights; as well as for the dissemination of good practices aimed to avoid these consequences, or to influence their avoidance, reduction or remedy. The establishment of procedures for internal assessment and determination of action will be promoted in a manner that avoids other negative consequences on human rights.”

Guiding Principle 3

Measure 4

“The Regulations will be implemented and the Directives will be transposed, and the adaptation of the Spanish legal system to the Recommendations and the Opinions made by the EU regarding the Guiding Principles will be studied. This, will be done taking into account the reports published by the European Commission on the legal framework for human rights and the environment applicable to European companies operating outside the EU (2010), and on responsible management of the supply chain (2011) and other relevant reports.”

Measure 10

“In order to increase transparency, and the confidence of consumers and investors on Spanish companies, the Government will compile the reports that companies write voluntarily, in accordance with the Spanish Strategy for Corporate Social Responsibility, and the Article 39 of the Sustainable Economy Law. It will be encouraged that these take into account the impact of their activities on human rights, including the value chain, introducing a specific chapter for that purpose. Likewise, and in relation to the reports and reports mentioned in the article 35 2 a) of the Sustainable Economy Law, which binds state business corporations, and public business entities attached to the General State Administration, it will be promoted the inclusion of a section on human rights. In addition, the transposition of Directive 2014/95 / EU on disclosure of non-financial information and information about diversity by certain large companies and certain groups will be carried out.”

Guiding Principle 7

Measure 4

“The Government will promote the application of the OECD Due Diligence Guide for Supply Chains Responsible for Minerals in Conflict or High Risk Areas.”

Read more about Supply chains

The Spanish NAP makes no explicit reference to taxation.

Read more about Taxation

II. Antecedents and Context [page 8]

Within the framework of the United Nations, it is necessary to mention the 2030 Agenda for Sustainable Development approved by Resolution 70/1 of the United Nations General Assembly (UNGA) on September 25, 2015. This Resolution, of universal nature, marks the objectives of social, economic, and environmental nature in order to achieve 17 Sustainable Development Goals (SDG) with its 169 associated targets by the year 2030. Specifically, its paragraph 67 includes an explicit mention, within the framework of the promotion of a dynamic and efficient business sector, to the Guiding Principles on Business and Human Rights, a concept that is reinforced in the Resolution 70/224 of December 22, 2015 on global partnerships. On the other hand, the Addis Ababa Action Agenda, approved by Resolution 69/313 of the UNGA on July 27, 2015, which is incorporated into the 2030 Agenda itself as means of implementation, also includes in its paragraph 37 mention of the Guiding Principles. The 2030 Agenda invites companies to align their corporate business strategy with the development goals to seek the added value these goals can bring in developing countries, therefore the SDGs are a perfect framework. Companies understand that, in parallel to obtaining benefits, they must respond to the demands of society and build trust as a development actor. Through the local networks of the Global Compact, a development agenda can be built in the business environment. From Spanish cooperation (SC), progress can be made in the mainstreaming of development objectives in business agendas to achieve impacts in sustainable development. On the other hand, the Madrid Declaration “The social economy, a business model for the future of Europe”, signed by representatives of 11 EU member States on May 23, 2017, reaffirms the commitment of the signatories to the SDGs.

Read more about The 2030 Agenda for Sustainable Development

B. PILLAR I: The State duty to protect human rights

B.1. FOUNDATIONAL PRINCIPLES

Guiding Principle 2. States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations.

MEASURES:

[page 14]

4. The self-regulation codes will also be promoted, taking as an example relevant sector experiences, such as the Global Code of Ethics for Tourism of the World Tourism Organization (WTO) or the Code of Conduct for the protection of children and adolescents against sexual exploitation in the Tourism and Travel Industry, as well as the relevant labor conventions of the ILO.

Read more about Tourism sector

Guiding Principle 3

Measure 9

“The Government will train the personnel of the State Foreign Service, in accordance with Law 2/2014, of March 25, of the Action and of State the Foreign Service, as well as to the agencies in charge of the internationalization of business abroad about the responsibility of companies to respect human rights and due diligence and redress procedures, and will incorporate the Guiding Principles into the Annual Plans for External Action and the Brand Spain. Likewise, through its Diplomatic Missions, Permanent Representations and respective Sectorial Offices, especially the Economic and Commercial Offices, as well as through the Consular Offices, Technical Cooperation Offices and Training Centers of Spanish Cooperation AECID abroad, will disseminate tools and guidelines according to the characteristics of each country.”

Guiding Principle 4

Measure 1

“Within one year after the approval of this Plan, a Working Group will be created within the framework of the Strategic Plan for the Internationalization of the Spanish Economy, which will develop a specific Action Plan to examine the coherence of policies to support business internationalization, and its alignment with the Guiding Principles. The Working Group, which will present its conclusions to the Government, will study how cooperation for development, official credit agencies, export credit and official insurance or investment guarantee agencies of all administrations are able to condition, modulate or revise its support for investment based on the exercise of the responsibility to respect human rights by the beneficiary companies, both inside and outside of Spanish territory.”

Measure 2

“The Government will carry out an raising-awareness and training campaign on the Guiding Principles directed at all government departments and agencies, and other state institutions that support the internationalization of the Spanish companies.”

Guiding Principle 8

Measure 1

“The Ministries of the Treasury and Public Function; Foreign Affairs and Cooperation; Economy, Industry and Competitiveness; Energy, Tourism and Digital Agenda will train and provide support on the Guiding Principles through their dependent agencies, to departments, government agencies and other state institutions that encourage and support the creation of businesses, business competitiveness and commercial and financial business practices in order to promote the coherence of policies and processes with the Guiding Principles and the international standards of human rights mandatory for Spain.”

Guiding Principle 9

Measure 1

“The Government will promote the inclusion of references to the respect of human rights in agreements on trade, investment or other related business activities signed by Spain that affect the scope of the Guiding Principles. Likewise, the Government will promote the inclusion of such references in the agreements entered into by the European Union with third-party States.”

Read more about Trade

Guiding Principle 1

“Spain is party to all of the main treaties on human rights and, specifically, to the following:

• the International Convention on the Elimination of All Forms of Racial Discrimination;
• the International Convention on the Elimination of All Forms of Discrimination against Women;
• the Convention on the Rights of the Child and its three Optional Protocols;
• Convention on the Rights of Persons with Disabilities”

“Spain has also ratified the eight fundamental Conventions of the International Labour Organization (ILO):

• Forced Labour Convention (No 29)
• Freedom of Association and Protection of the Right to Organise Conventions (No 87)
• Right to Organise and Collective Bargaining Convention (No 98)
• Equal Remuneration Convention (No 100)
• Abolition of Forced Labour Convention (No 105)
• Discrimination (Employment and Occupation) Convention (No 111)
• Minimun age Convention (No 138)
• Worst Forms of Child Labour Convention. (No 182)”

Guiding Principle 2

Measure 5

“Likewise, an awareness-raising strategy will be carried out on how to avoid discriminatory practices in public and private companies (by distinction, exclusion or preference) because of gender, age, ethnic origin, race, religion, disability, political affiliation or union, sexual orientation, nationality, marital status, socioeconomic origin or any other personal distinction”.

Guiding Principle 3

Measure 5

“The implementation will be promoted by business and trade unions, general or sectorial, including representative organizations of social economy entities; as well as other institutions such as chambers of commerce, chambers abroad, universities, business schools, etc. of actions that should promote online training and advice and resolution of queries, coordinated with those carried out in the application of the Spanish Strategy of Corporate Social Responsibility.”

Guiding Principle 10

Measure 3

“Spain will promote greater involvement of the International Labor Organization in the application of the Guiding Principles.”

Read more about Workers’ rights