Sweden
Sweden adopted its inaugural NAP in August 2015. The NAP has not been updated, nor are there recent reports on implementation, hence it is classified as Inactive.
However, the government notes that elements of the NAP are still worked with continuously.
Available NAPs
Sweden: 1st NAP (2017-open)
NAP Development Process
Status
Sweden adopted its National Action Plan (NAP), entitled Handlingsplan för företagande och mänskliga rättigheter, on 24th August 2015.
Process
The Ministry of Foreign Affairs led the NAP drafting process in Sweden. The Minister for Enterprise and Innovation, Mikael Damberg, subsequently launched the NAP on August 24, 2015. The drafting process involved public consultation with various stakeholders. The NAP states that it was developed by “Government Offices”, which is comprised of Swedish ministries, missions abroad, the Prime Minister and the office for Administrative Affairs. No information about the existence of a dedicated inter-ministerial committee was published. The NAP draft was approved by Government Offices prior to its publication.
While NAP development was separate from other government-led processes, several references in the NAP itself indicate that the government aims to undertake efforts to approach those processes in a complimentary, comprehensive and coherent manner. (For example, at p. 6: “The action plan is also an important part of the Government’s heightened ambitions for foreign trade, through the export strategy, CSR and other areas. It is an equally important part of the Government’s relaunch of its Policy for Global Development and its efforts to contribute to the new global sustainable development goals (SDGs)”. Furthermore, on p. 29: “The Government will integrate sustainability issues into trade policy and export promotion and in the context of the relaunch of the Policy for Global Development and its efforts to contribute to the new global sustainable development goals (SDGs)”).
No terms of reference, or timeline for the NAP process were published. The first informal meeting held by the government to discuss the expectations of the NAP with stakeholders was in 2013. After the new government was elected in 2014, the second stakeholder consultation rounds took place in March 2015.
Stakeholder Participation
After Government Offices created a draft NAP and made it available on their website for public comments, four open public consultations were held in Spring 2015 (two in Stockholm – on March 5 and 23; one in Gothenburg – on March 16; and one in Malmö – on March 12). Over 100 representatives of various companies, ministries, public institutions, labour unions, civil society organisations and other stakeholders took part in these consultations. Because the consultation meetings were held in several locations, more NGOs and SMEs based outside of Stockholm were able to attend them.
No representatives from the judiciary, administrative tribunals or parliament were present at the stakeholder consultations.
CSOs criticised the Government for not facilitating participation with disempowered or at-risk stakeholders, or other key stakeholders’ groups, such as the Sami indigenous community, throughout the NAP process.
Transparency
A draft NAP was also publicly available through the Government Office’s website. According to ECCJ and Amnesty International, ”despite several organisations submitting comments to this initial version, the final draft only contains a few of their observations, while the majority of the problems identified were left unaddressed.” [ECCJ article, 25.08.2017].
National Baseline Assessment (NBA)
A National Baseline Assessment was not conducted before the NAP was published, although the NAP states that [page 28]:
“The Government will conduct a baseline study of how Swedish legislation compares with the Guiding Principles to determine whether there are any immediate or obvious gaps that need to be addressed.”
Follow-up, monitoring, reporting and review
The Swedish NAP states that implementation of the action plan, should be followed up in 2017 and lists measures to be implemented by 2017 in the Annex (from p.27 onwards).
The NAP does not indicate which government entity will be responsible for overall follow-up (the NAP assigns many of the action-oriented points generally to the government). However, some government entities are responsible for various individual actions listed in the Annex: Measures Planned. (for example, the Ministry of Foreign Affairs is to examine the possibility of strengthening Swedish NCP OECD; the Government Office is considering conducting special due diligence in sectors facing distinct challenges; MFA’s reports on the human rights situation in countries around the world will be developed to more easily provide companies with guidance on human rights issues and risks in the countries in which they operate, etc.). However not all listed actions are matched with overseeing agency.
In December 2017, the Swedish government published a draft progress report on the NAP (see here in Swedish only).
In addition, in February 2018, the Swedish Foreign Ministry published a follow-up report to the NAP (Uppföljning av Sveriges handlingsplan för företagande och mänskliga rättigheter/Follow-up of Sweden’s action plan for business and human rights), which is available in Swedish and English. The report is signed by Minister for EU Affairs and Trade, Ann Linde, and Minister for Enterprise and Innovation, Mikael Damberg.
The Follow-up notes that since August 2015 when the NAP was launched, the Government has implemented the majority of the measures included in the action plan for business and human rights. Among these, some especially noteworthy are the ambitions legislation regarding sustainability reporting, the online course for embassies, the increased commitment to sustainable business of Business Sweden, the launch of the Global Deal, and increased focus on human rights in the governance of state-owned companies. Work also continues in other areas, such as the investigation regarding the introduction of a modern and efficient handling of criminal cases, modernised penal regulations for companies and the work to implement the sustainability chapters of the EU’s free trade agreements. However, additional measures are needed, for example in order to make the European Commission draw up a CSR action plan, carry out consequence analyses in industries with special challenges, or strengthening Sweden’s NCP.
Further, in March 2018, the Swedish Agency for Public Management published an analysis of Sweden’s compliance with the UNGPs (in Swedish only here) which in combination with the above mentioned follow-up to the NAP is to inform the Government’s future efforts to develop sustainable business and human rights in Sweden. The report specifically clarifies that it cannot be considered a full NBA (National Baseline Assessment) as not all principles have been investigated. Pillar II has not been assessed at all and not all principles of pillar I and III have been assessed.
Stakeholders views and analysis on the NAP
- European Coalition for Corporate justice: Sweden: More Action required for business and human rights, August 25, 2015
- Amnesty International, Latinamerikagrupperna, FIAN Sverige, Svenska kyrkan, Swedwatch: Kommentarer till utkast till handlingsplan för företagande och mänskliga rättigheter (Commentary to the draft Swedish NAP submitted by the aforementioned NGOs/organizations), 25 March 2015
- International Corporate Accountability Roundtable (ICAR), European Coalition for corporate Justice (ECCJ): Assessments of Existing National Action Plans (NAPS) on Business and Human Rights, November, 2015
Additional resources
- Action Plan for Business and Human Rights, 2015:
- Swedish government website dedicated to NAP
- Rasmus Kløcker Larsen, Sandra Atler, EBA Raport 08/2015: Business and Human Rights in Development Cooperation – Has Sweden Incorporated the UN Guiding Principles?, 2016
- Response to Working Group survey on implementation of the Guiding Principles – Business enterprises owned or controlled by the State, 2015
- Survey on the implementation of the Guiding Principles on Business and Human Rights: National Action Plans on Business and Human Rights, 2016
Explore NAP by Issue
“Internationally recognised instruments provide guidance for companies in their human rights efforts.2 The UN Guiding Principles focus on businesses and human rights. The United Nations Global Compact, the OECD Guidelines for Multinational Enterprises and the Children’s Rights and Business Principles take a broader approach and address not only human rights but also other issues such as the environment, working conditions and anti-corruption. … The conditions for companies’ efforts to respect human rights vary depending on their size, the countries and regions they operate in and their line of business, but the common goal is to prevent the companies’ activities from leading to human rights abuses, including the exploitation of children. UNICEF, Save the Children and the UN Global Compact have developed the Children’s Rights and Business Principles, which provide guidance for companies in their work” “The Ombudsman for Children in Sweden is a government agency whose main task is to represent the rights and interests of children and young people, based on the UN Convention on the Rights of the Child. It monitors society’s compliance with the Convention and drives implementation in municipalities, county councils, regions and government agencies. It is responsible for drawing attention to deficiencies in the application of the Convention and proposing amendments to laws and ordinances. The Children’s Ombudsman submits an annual report to the Government, containing analyses and recommendations to improve the situation of children and young people. The Ombudsman does not monitor other government agencies and, by law, is not able to intervene in individual cases.” Regulations and legislation “The Government’s clear expectation is that companies operating in Sweden or abroad respect human rights in all their activities. This means that their business activity should not cause, contribute or be linked to human rights abuses, not least in conflict-affected areas, and that they should act to prevent such abuses. Similarly, they should address adverse human rights impacts with which they are involved.” The State as actor How can the State support the business sector? The Swedish NAP makes no reference to the construction sector. “A clear Swedish profile in this area can contribute to strengthening Sweden as a brand. The Guiding Principles are also fundamental to the corporate governance of state-owned enterprises.” Criminal law provisions to protect human rights “Sweden has a number of criminal law provisions for the protection of human rights regardless of the context in which an offence is committed, including in the business context. Through these criminal provisions Sweden also fulfils its international commitments in relevant respects. Examples include: … Corporate fines entail liability for companies, among others. Although only natural persons can be convicted of a crime, corporate fines may be imposed on a business operator (e.g. a legal entity) for crimes committed in the exercise of business activities. (Chapter 36, Penal Code).” The State as owner Regulations and legislation The State as owner Corporate action “The Government’s clear expectation is that companies operating in Sweden or abroad comply with the UN Guiding Principles for Business and Human Rights and other relevant guidelines in this area, and review their due diligence and redress mechanisms. Companies operating in markets where human rights challenges are particularly serious should place special emphasis on work in the area.” Criminal law provisions to protect human rights “Sweden has a number of criminal law provisions for the protection of human rights regardless of the context in which an offence is committed, including in the business context. Through these criminal provisions Sweden also fulfils its international commitments in relevant respects. Examples include: … The State as actor Action by government agencies Regulations and legislation “Anti-corruption steering group portal: www.business-anti-corruption.com” Internet freedom and privacy are among the great global issues of the future. It is fundamental for Sweden that the human rights that apply offline also apply online. Sweden has taken initiatives to strengthen the dialogue with business on internet freedom. As a result of a Swedish initiative, the OECD Guidelines for Multinational Enterprises now call on companies to support human rights on the internet. In addition, Sweden was part of the group of countries that tabled resolutions on internet freedom in the UN Human Rights Council in 2012 and 2014. These resolutions were adopted unanimously. The Stockholm Internet Forum organised by Sweden in 2012, 2013 and 2014 has focused entirely on issues of internet freedom. Following support from Sweden and other countries, the Board of Governors of the World Bank decided in 2011 that the regulations on social and environmental standards that the Bank applies to business loans provided via its private sector body the International Finance Corporation (IFC) should include a requirement that consideration must be had to the UN Guiding Principles on Business and Human Rights. The Swedish NAP does not make an explicit reference to the environment and climate change. The purpose of the Discrimination Act (2008:567) is to combat discrimination and in other ways promote equal rights and opportunities regardless of sex, transgender identity or expression, ethnicity, religion or other belief, impairment, sexual orientation or age. The Act applies to employment in a broad sense, educational activities, labour market policy activities and employment services not under public contract, starting or running a business, supply of goods, services and housing, organisation of a public gathering or event, and health and medical care and social services. The Office of the Equality Ombudsman is a government agency responsible for monitoring compliance with the Discrimination Act. The Ombudsman is to try in the first instance to induce those to whom the Act applies to comply with it voluntarily. However, the Ombudsman may also bring a court action on behalf of an individual who consents to this. Those who violate the Discrimination Act may be found liable to pay compensation for discrimination to the person discriminated against. The EU has adopted new procurement directives…The recitals of the Directives expressly state that the contracting authorities or entities in their contracts can require suppliers, in the performance of the contract, to comply in substance with the provisions of the basic International Labour Organisation (ILO) Conventions. Such conditions might also be intended to favour the implementation of measures for the promotion of equality of women and men at work, the increased participation of women in the labour market and the reconciliation of work and private life.. or the recruitment of more disadvantaged persons than are required under national legislation. The State as actor Action by government agencies How can the State support the business sector? The State as actor “The European Commission has produced a guide to human rights for small and mediumsized enterprises in Swedish, based on the UN Guiding Principles for Business and Human Rights. The Commission has also developed industry-specific guides for extractive industries (oil and gas), temporary-work agencies and the ICT sector. These are available on the Commission website: www.ec.europa.eu” “States should also set out the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations.” Criminal law provisions to protect human rights “Sweden has a number of criminal law provisions for the protection of human rights regardless of the context in which an offence is committed, including in the business context. Through these criminal provisions Sweden also fulfils its international commitments in relevant respects. Examples include: … The State as actor The Swedish NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors. The Swedish NAP makes no reference to forced labour or modern slavery. There is no direct reference to the freedom of association in the Swedish NAP, but reference is made to freedoms generally, trade unions, and collective agreements. Swedish legislation to protect human rights “Human rights are protected in Swedish legislation primarily via the constitutional regulations in the Instrument of Government, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. An individual’s fundamental rights and freedoms are also expressed in other laws. The European Convention for the Protection of Human Rights and Fundamental Freedoms has been incorporated into Swedish law in its entirety and thus applies as Swedish law. When applying EU law, Sweden is obliged to follow the EU Charter of Fundamental Rights. The provisions contained in Swedish law relating to the fundamental rights and freedoms of the individual are primarily aimed at public sector services within central government, municipalities and county councils. … A typical feature of the Swedish labour market and the Swedish model is that the relationship between employer and employee is largely governed by collective agreements. These agreements often contain regulations that supplement and replace the procedures established by law. The most important act in the area of individual labour law is the Employment Protection Act (1982:80), which regulates how employment contracts may be entered into and terminated. This Act includes provisions stating that indefinite-term contracts should be the general rule but that fixed-term contracts can be mutually agreed in some cases. The Act also states that notice of termination of an indefinite-term employment contract must be based on objective grounds. In the area of collective labour law, the Employment (Co-determination in the Workplace) Act (1976:580) is the main act. This Act regulates, for example, the right of employee organisations to participate in negotiations ahead of certain decisions by an employer, for example regarding significant operational changes. The Trade Union Representatives (Status at the Workplace) Act (1974:358) is also part of collective labour law. This Act contains regulations on the status of trade union representatives and the right to participate in trade union activities at individual workplaces. …” “For a company’s employees, human rights in the workplace are particularly important. The right to participate in collective bargaining and the right to form or join free trade unions are examples of such rights. Special measures should be taken to identify and prevent anti-union policies or actions. This applies both in Sweden and abroad. In some countries it may be difficult for employees to assert their human rights in the workplace.” Swedish legislation to protect human rights “The purpose of the Discrimination Act (2008:567) is to combat discrimination and in other ways promote equal rights and opportunities regardless of sex, transgender identity or expression, ethnicity, religion or other belief, impairment, sexual orientation or age. The Act applies to employment in a broad sense, educational activities, labour market policy activities and employment services not under public contract, starting or running a business, supply of goods, services and housing, organisation of a public gathering or event, and health and medical care and social services.” “The conditions for companies’ efforts to respect human rights vary depending on their size, the countries and regions they operate in and their line of business, but the common goal is to prevent the companies’ activities from leading to human rights abuses, including the exploitation of children. UNICEF, Save the Children and the UN Global Compact have developed the Children’s Rights and Business Principles, which provide guidance for companies in their work. Companies should also help to defend and strengthen women’s rights, including through access to the labour market and by combating discrimination in all its forms.” Regulations and legislation “The EU has adopted new procurement directives: a Directive on public procurement, a Directive on procurement by entities operating in the water, energy, transport and postal services sectors, and a Directive on the award of concession contracts. The recitals of the Directives expressly state that the contracting authorities or entities in their contracts can require suppliers, in the performance of the contract, to comply in substance with the provisions of the basic International Labour Organisation (ILO) Conventions. Such conditions might also be intended to favour the implementation of measures for the promotion of equality of women and men at work, the increased participation of women in the labour market and the reconciliation of work and private life, the protection of the environment or the recruitment of more disadvantaged persons than are required under national legislation. …” “Internationally recognised instruments provide guidance for companies in their human rights efforts.2 The UN Guiding Principles focus on businesses and human rights. The United Nations Global Compact, the OECD Guidelines for Multinational Enterprises and the Children’s Rights and Business Principles take a broader approach and address not only human rights but also other issues such as the environment, working conditions and anti-corruption. … UNICEF, Save the Children and the UN Global Compact have developed the Children’s Rights and Business Principles, which provide guidance for companies in their work. … February 2015 saw the launch of the first comprehensive guidance for companies on human rights reporting in line with the UNGP: UN Guiding Principles Reporting Framework. Five international companies are ‘early adopters’ of the reporting framework: Ericsson, H&M, Nestlé, Newmont and Unilever” The State as actor The State as owner Action by government agencies How can the State support the business sector? “The European Commission has produced a guide to human rights for small and mediumsized enterprises in Swedish, based on the UN Guiding Principles for Business and Human Rights. The Commission has also developed industry-specific guides for extractive industries (oil and gas), temporary-work agencies and the ICT sector. These are available on the Commission website: www.ec.europa.eu … Information about the Government’s CSR work in state-owned companies can be found in the State’s Ownership Policy and guidelines for state-owned companies: www.regeringen.se” [Page 10] The purpose of the Discrimination Act (2008:567) is to combat discrimination and in other ways promote equal rights and opportunities regardless of sex, transgender identity or expression, ethnicity, religion or other belief, impairment, sexual orientation or age. The Act applies to employment in a broad sense, educational activities, labour market policy activities and employment services not under public contract, starting or running a business, supply of goods, services and housing, organisation of a public gathering or event, and health and medical care and social services. The Swedish NAP includes measures related to whistle-blowers, but none on human rights defenders. “In keeping with the UN Guiding Principles, businesses’ human rights efforts are expected to include the following main points: … Reporting … Companies’ own redress mechanisms “No ready-made model exists for how a company should best organise its own grievance redress mechanism. It is for each company to assess what is appropriate on the basis of its specific circumstances. Some criteria include: … Regulations and legislation “In keeping with the UN Guiding Principles, businesses’ human rights efforts are expected to include the following main points: … Procedure … The State as actor Action by government agencies How can the State support the business sector? The State as owner Corporate action The State as actor Action by government agencies The State as owner The State as actor “The European Commission has produced a guide to human rights for small and mediumsized enterprises in Swedish, based on the UN Guiding Principles for Business and Human Rights. The Commission has also developed industry-specific guides for extractive industries (oil and gas), temporary-work agencies and the ICT sector. These are available on the Commission website: www.ec.europa.eu” The Swedish NAP does not make an explicit reference to Indigenous peoples. The State as actor Trade promotion Read more about Investment treaties & investor-state dispute settlements Swedish legislation to protect human rights “Disputes concerning the relationship between employer and employee are often resolved in the Labour Court, which is a specialised court for examining labour law disputes. The Labour Disputes (Judicial Procedure) Act (1974:371) contains certain special regulations on labour law disputes.” Criminal law provisions to protect human rights Sweden has a number of criminal law provisions for the protection of human rights regardless of the context in which an offence is committed, including in the business context. Through these criminal provisions Sweden also fulfils its international commitments in relevant respects. Examples include: Legal remedies provided by the State “According to the UN Guiding Principles, States have an obligation to provide effective remedies when a company has committed human rights abuses. These include both judicial and non-judicial mechanisms. The legal remedies available in the Swedish legal system are in line with the international human rights conventions that Sweden has acceded to. There are three types of courts in Sweden: The Government and the Swedish National Courts Administration take continuous action to ensure that the courts’ activities are conducted effectively and to a high standard, and that backlogs and turnaround times are kept to a reasonable level. Efforts in recent years have aimed, for example, to develop appropriate rules of procedure, a sustainable judicial system and more efficient working methods. … The Office of the Equality Ombudsman is a government agency responsible for monitoring compliance with the Discrimination Act. The Ombudsman is to try in the first instance to induce those to whom the Act applies to comply with it voluntarily. However, the Ombudsman may also bring a court action on behalf of an individual who consents to this. Those who violate the Discrimination Act may be found liable to pay compensation for discrimination to the person discriminated against.” Regulations and legislation Regulations and legislation The Swedish NAP does not make an explicit reference to land. The Swedish NAP makes no reference to migrant workers. Legal remedies provided by the State “The different ombudsmen monitor compliance with human rights. Any person who feels that they or anyone else has been treated incorrectly or unfairly by a public authority or official at a central or local government authority can lodge a complaint with the Parliamentary Ombudsmen, also known as the Ombudsmen for Justice. The Parliamentary Ombudsmen supervise the application of laws and other statutes in public activities. According to their instructions, supervision also covers “other individuals whose employment or assignment involves the exercise of public authority, insofar as this aspect of their activities is concerned” and “officials and those employed by public enterprises, while carrying out, on behalf of such an enterprise, activities in which through the agency of the enterprise the Government exercises decisive influence”. Certain supervisory functions are also exercised by the Chancellor of Justice, who is appointed by the Government. The duties of the Chancellor of Justice include examining complaints and settling claims for damages directed at the State. The Office of the Equality Ombudsman is a government agency responsible for monitoring compliance with the Discrimination Act. The Ombudsman is to try in the first instance to induce those to whom the Act applies to comply with it voluntarily. However, the Ombudsman may also bring a court action on behalf of an individual who consents to this. Those who violate the Discrimination Act may be found liable to pay compensation for discrimination to the person discriminated against. The Ombudsman for Children in Sweden is a government agency whose main task is to represent the rights and interests of children and young people, based on the UN Convention on the Rights of the Child. It monitors society’s compliance with the Convention and drives implementation in municipalities, county councils, regions and government agencies. It is responsible for drawing attention to deficiencies in the application of the Convention and proposing amendments to laws and ordinances. The Children’s Ombudsman submits an annual report to the Government, containing analyses and recommendations to improve the situation of children and young people. The Ombudsman does not monitor other government agencies and, by law, is not able to intervene in individual cases.” Read more about National Human Rights Institutions/ Ombudspersons “In keeping with the UN Guiding Principles, businesses’ human rights efforts are expected to include the following main points: … Reporting: [Footnote: February 2015 saw the launch of the first comprehensive guidance for companies on human rights reporting in line with the UNGP: UN Guiding Principles Reporting Framework. Five international companies are ‘early adopters’ of the reporting framework: Ericsson, H&M, Nestlé, Newmont and Unilever.] The State as owner Regulations and legislation How can the State support the business sector? “GRI 4: www.globalreporting.org Guidance for companies to report on how they respect human rights in line with the UN Guiding Principles: UN Guiding Principles Reporting Framework: www.ungpreporting.org” Legal remedies provided by the State “According to the UN Guiding Principles, States have an obligation to provide effective remedies when a company has committed human rights abuses. These include both judicial and non-judicial mechanisms. … The different ombudsmen monitor compliance with human rights. Any person who feels that they or anyone else has been treated incorrectly or unfairly by a public authority or official at a central or local government authority can lodge a complaint with the Parliamentary Ombudsmen, also known as the Ombudsmen for Justice. … The Office of the Equality Ombudsman is a government agency responsible for monitoring compliance with the Discrimination Act. The Ombudsman is to try in the first instance to induce those to whom the Act applies to comply with it voluntarily. However, the Ombudsman may also bring a court action on behalf of an individual who consents to this. Those who violate the Discrimination Act may be found liable to pay compensation for discrimination to the person discriminated against … Furthermore, the OECD Guidelines for Multinational Enterprises provide access to remedy through the National Contact Points (NCP). … The NCP’s main task is to promote corporate compliance with the Guidelines and to help resolve problems in individual cases through dialogue and discussion.” Companies’ own redress mechanisms “According to the UN Guiding Principles, companies are responsible for ensuring that their operations do not infringe on human rights and, if a company has caused or contributed to adverse impacts, that it seeks to provide redress to the victim. Such redress may include apologies, financial or nonfinancial compensation or other redress agreed by the victim and the company. The situation is more complex if the company has not contributed to adverse impacts but the impacts are directly linked to its operations. In such cases, and if the company has leverage to prevent or mitigate the adverse impacts, it should exercise it. No ready-made model exists for how a company should best organise its own grievance redress mechanism. It is for each company to assess what is appropriate on the basis of its specific circumstances. Some criteria include: To provide redress means to correct a mistake, in this context, regarding adverse impacts on someone’s human rights. It is often easier to redress adverse impacts if there are effective grievance mechanisms in the company that the victim can use so that a dialogue can be established.” Legal remedies provided by the State “the OECD Guidelines for Multinational Enterprises provide access to remedy through the National Contact Points (NCP). All countries adhering to the OECD Guidelines are obliged to set up their own NCP to support and promote the Guidelines. Sweden’s NCP is a tripartite collaboration between the State, the business sector and employee organisations. The State is represented by several ministries at the Government Offices and the Ministry for Foreign Affairs is the convener. The business sector is represented by the Confederation of Swedish Enterprise and the Swedish Trade Federation, and employee organisations by the Swedish Trade Union Confederation, the Swedish Confederation of Professional Associations, the Confederation of Professional Employees, Unionen and IF Metall. As the Guidelines are voluntary, the NCP has no competence to issue any sanctions. The NCP’s main task is to promote corporate compliance with the Guidelines and to help resolve problems in individual cases through dialogue and discussion.” The State as actor How can the State support the business sector? “The Ministry for Foreign Affairs is to examine the possibility of strengthening the Swedish National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises. The NCP’s main role is to handle notifications but it is also meant to promote and improve awareness of the OECD Guidelines for Multinational Enterprises. The NCP is also intended to increase contacts and collaboration with NCPs in non-OECD countries.” The Swedish NAP does not make an explicit reference to persons with disabilities. The Swedish NAP makes no explicit reference to policy coherence, although policy coherence is implicit within a range of sections of the NAP. The Swedish NAP does not make an explicit reference to privatisation. Regulations and legislation “The EU has adopted new procurement directives: a Directive on public procurement, a Directive on procurement by entities operating in the water, energy, transport and postal services sectors, and a Directive on the award of concession contracts. The recitals of the Directives expressly state that the contracting authorities or entities in their contracts can require suppliers, in the performance of the contract, to comply in substance with the provisions of the basic International Labour Organisation (ILO) Conventions. Such conditions might also be intended to favour the implementation of measures for the promotion of equality of women and men at work, the increased participation of women in the labour market and the reconciliation of work and private life, the protection of the environment or the recruitment of more disadvantaged persons than are required under national legislation. Furthermore, the new directives prescribe that the contracting authorities or entities exclude tenderers who have been found guilty in a definitive judgment of crimes including child labour and other forms of human trafficking in accordance with Directive 2011/36/EU. The Directives are to be transposed into national law by April 2016.” The Swedish NAP does not make an explicit reference to security sector, apart from provisions concerning operations in the conflict zone that refer generally to all companies operating there. “The conditions for companies’ efforts to respect human rights vary depending on their size … In keeping with the UN Guiding Principles, businesses’ human rights efforts are expected to include the following main points: … Procedure: … Establish an integrated and ongoing process in the company to identify, prevent and manage human rights risks and opportunities, as appropriate to the size, nature and context of the operations, i.e. due diligence” How can the State support the business sector? Trade promotion “The European Commission has produced a guide to human rights for small and mediumsized enterprises in Swedish, based on the UN Guiding Principles for Business and Human Rights. The Commission has also developed industry-specific guides for extractive industries (oil and gas), temporary-work agencies and the ICT sector. These are available on the Commission website: www.ec.europa.eu” In its role as owner, the State acts to ensure that state-owned companies set a good example in the area of CSR and that their conduct in general instils public confidence, for example by striving to comply with international guidelines such as the UN Guiding Principles. According to the government state ownership policy, state-owned companies are expected to set a good example, which means that they must seek to comply with international guidelines such as the UN Global Compact, the UN Guiding Principles on Business and Human Rights, and the OECD Guidelines for Multinational Enterprises. They must also be transparent and report in accordance with the Global Reporting Initiative (GRI). State-owned companies must also identify areas of CSR that are relevant to their business strategy and the board of directors must set strategic sustainability targets. The ownership policy applies in companies where the State is the majority owner; in other companies, where the State is part-owner, the State seeks to ensure that the ownership policy is followed, in dialogue with other owners. The Government has held seminars for the chairs of boards and managing directors of all state-owned companies on the Government’s expectations regarding the companies’ application of the UN Guiding Principles on Business and Human Rights. A study was carried out in 2013 on the international guidelines from the UN and the OECD, aimed at facilitating companies’ application of the state ownership policy. A CSR network has been established for the discussion of relevant CSR-related issues and to allow companies to exchange knowledge and experience. The international guidelines with which the companies are expected to comply were discussed at one of the network meetings. The Government Offices corporate management organisation has also held a workshop for the companies on the UN Guiding Principles on Business and Human Rights. A business analysis tool that sheds light on relevant areas of CSR, including human rights, has been developed for state-owned companies by the Government Offices corporate management organisation. The analysis increases the owner’s awareness of the companies’ risks and opportunities and how these can be managed. The result of the analysis is integrated in corporate governance and taken into account in the Government’s regular dialogue with the company, in monitoring the company’s development, and in the recruitment and nomination of board members. • Like other state-owned companies, Swedfund International AB (Swedfund) and the Swedish Export Credit Corporation (SEK) are required to comply with the government state ownership policy for CSR, as described above. Moreover, Swedfund and SEK have social mandates specially adopted by the Riksdag. Swedfund is required to ensure that its investments comply with international standards and CSR principles, within clear and sound corporate structures that do not contribute to tax evasion, money laundering or terrorist financing. SEK is required to take account of conditions such as the environment, corruption, human rights and working conditions in its credit assessments. CSR will continue to be an integral part of the Government’s active corporate governance of state-owned companies. The human rights work undertaken by state-owned companies will be examined in relevant cases in the sustainability analysis and followed up in stakeholder dialogues between representatives of the owner and the companies. Knowledge about the UN Guiding Principles on Business and Human Rights, due diligence and redress mechanisms will be promoted in state-owned companies through a series of workshops. Each occasion will provide an opportunity for experience exchange between the companies and highlight tools and good practices for implementation by the companies in their own operations. The Government will work to increase knowledge about the UN Guiding Principles on Business and Human Rights in stateowned companies and will ensure that these companies, where appropriate, conduct human rights due diligence in order to assess and address any significant risk to human rights. Read more about State Owned Enterprises/ Public Private Partnerships “The conditions for companies’ efforts to respect human rights vary depending on their size … In keeping with the UN Guiding Principles, businesses’ human rights efforts are expected to include the following main points: … Procedure: Identify and monitor the risks throughout the value chain (employees, business partners, suppliers, distribution and customer channels) and assess where responsibility for risks lies and how the company can have a positive impact” The State as actor The State as owner Regulations and legislation (…)The action plan is also an important part of the Government’s heightened ambitions for foreign trade, through the export strategy, CSR and other areas. It is an equally important part of the Government’s relaunch of its Policy for Global Development and its efforts to contribute to the new global sustainable development goals (SDGs). The State as development partner [page 29] The Government will integrate sustainability issues into trade policy and export promotion and in the context of the relaunch of the Policy for Global Development and its efforts to contribute to the new global sustainable development goals (SDGs). The Swedish NAP does not make an explicit reference to the tourism sector. “Business and respect for human rights go hand in hand and should be part of an active corporate social responsibility policy. Corporate social responsibility therefore plays an important role in both trade policy and export promotion. We are now developing a more ambitious policy for corporate social responsibility while working on an export strategy to strengthen export and internationalisation opportunities for Swedish companies in important growth markets around the world. Our export strategy will help to ensure that Sweden has the lowest unemployment rate in the EU by 2020.” “The action plan is also an important part of the Government’s heightened ambitions for foreign trade, through the export strategy, CSR and other areas. … Trade and CSR can also help influence the human rights situation in other countries, for example where respect for democracy and human rights is inadequate.” The State as actor Action by government agencies “The Government aims to raise its ambitions in foreign trade, including in CSR and implementation of the UN Guiding Principles on Business and Human Rights. To achieve these aims, a number of concrete measures will be implemented by 2017.” Trade promotion The State as development partner Swedish legislation to protect human rights “Through other legislation, such as civil law legislation on rights at work and on discrimination, as well as criminal law legislation, the State seeks to ensure that an individual’s human rights are also respected by third parties, including business enterprises. A typical feature of the Swedish labour market and the Swedish model is that the relationship between employer and employee is largely governed by collective agreements. These agreements often contain regulations that supplement and replace the procedures established by law. The most important act in the area of individual labour law is the Employment Protection Act (1982:80), which regulates how employment contracts may be entered into and terminated. This Act includes provisions stating that indefinite-term contracts should be the general rule but that fixed-term contracts can be mutually agreed in some cases. The Act also states that notice of termination of an indefinite-term employment contract must be based on objective grounds. In the area of collective labour law, the Employment (Co-determination in the Workplace) Act (1976:580) is the main act. This Act regulates, for example, the right of employee organisations to participate in negotiations ahead of certain decisions by an employer, for example regarding significant operational changes. The Trade Union Representatives (Status at the Workplace) Act (1974:358) is also part of collective labour law. This Act contains regulations on the status of trade union representatives and the right to participate in trade union activities at individual workplaces. The purpose of the Discrimination Act (2008:567) is to combat discrimination and in other ways promote equal rights and opportunities regardless of sex, transgender identity or expression, ethnicity, religion or other belief, impairment, sexual orientation or age. The Act applies to employment in a broad sense, educational activities, labour market policy activities and employment services not under public contract, starting or running a business, supply of goods, services and housing, organisation of a public gathering or event, and health and medical care and social services. Disputes concerning the relationship between employer and employee are often resolved in the Labour Court, which is a specialised court for examining labour law disputes. The Labour Disputes (Judicial Procedure) Act (1974:371) contains certain special regulations on labour law disputes.” Criminal law provisions to protect human rights “For a company’s employees, human rights in the workplace are particularly important. The right to participate in collective bargaining and the right to form or join free trade unions are examples of such rights. Special measures should be taken to identify and prevent anti-union policies or actions. This applies both in Sweden and abroad. In some countries it may be difficult for employees to assert their human rights in the workplace. The Government encourages companies to conduct a dialogue on these issues with stakeholders, trade unions and civil society organisations to identify problems and work constructively to find common solutions. It is particularly important to ensure that a dialogue is conducted with free trade unions. … Companies should also help to defend and strengthen women’s rights, including through access to the labour market and by combating discrimination in all its forms. …” Regulations and legislationChildren’s rights
2 The corporate responsibility to respect human rights [page 13]
3 Access to remedy [page 15-17]
Annex: Measures planned [page 27-28]
Conflict-affected areas
2 The corporate responsibility to respect human rights [page 13]
Annex: Measures taken [page 22]
Annex: Measures planned [page 27-28]
Construction sector
Corporate law & corporate governance
The three pillars of the UN Guiding Principles on Business and Human Rights [page 6]
1 The State duty to protect human rights [page 11]
Annex: Measures taken [page 23-24]
Annex: Measures planned [page 27-29]
Corruption
1 The State duty to protect human rights [page 11]
Annex: Measures taken [page 22-24]
Annex: Measures planned [page 27]
Annex: Links [page 30]
Data protection & privacy
Annex: Measures taken
The state as actor [page 22]
Development finance institutions
Annex: Measures taken
The state as actor [page 22]
Energy sector
The Swedish NAP does not make a direct reference to the Energy sector.
Environment & climate change
Equality & non-discrimination
1. The State duty to protect human rights
Swedish legislation to protect human rights [page 10]
3. Access to Remedy
Legal remedies provided by the State [ page 15]
Annex: Measures planned
The Government aims to raise its ambitions in foreign trade, including in CSR and implementation of the UN Guiding Principles on Business and Human Rights. To achieve these aims, a number of concrete measures will be implemented by 2017.
Regulations and legislation [page 27]
Export credit
Annex: Measures taken [page 22-24]
Annex: Measures planned [page 28]
Extractives sector
Annex: Measures taken [page 22-24]
Annex: Measures planned [page 27]
Annex: Links [page 30]
Extraterritorial jurisdiction
1 The State duty to protect human rights [page 11]
Finance & banking sector
Annex: Measures taken [page 22]
Fisheries and aquaculture sectors
Forced labour & modern slavery
Freedom of association
1 The State duty to protect human rights [page 10]
2 The corporate responsibility to respect human rights [page 13]
Garment, Textile and Footwear Sector
Regulations and legislations
Gender & women’s rights
1 The State duty to protect human rights [page 10]
2 The corporate responsibility to respect human rights [page 13]
Annex: Measures planned [page 27]
Guidance to business
2 The corporate responsibility to respect human rights [page 13-14]
Annex: Measures taken [page 22-25]
In its ‘Common Approaches’ recommendations, the OECD prescribes a method that the EKN (and its equivalents in other OECD countries) should follow when assessing the environmental and human rights impacts of projects in particularly sensitive sectors to which it guarantees deliveries by Swedish companies.
Over and above the projects and sectors covered by the OECD’s ‘Common Approaches’ recommendations, the EKN has requirements and processes in place for conducting due diligence with respect to the environment and human rights in all other business transactions. The EKN also produces country risk analyses for many countries (www.ekn.se). The due diligence and any more in-depth review proceed from the potential seriousness of the impact of a business transaction and depends on the size of the transaction.Annex: Measures planned [page 28]
Annex: Links [page 30]
Health and social care
1. The State duty to protect human rights
The State’s role in protecting human rights
Human rights defenders & whistle-blowers
2 The corporate responsibility to respect human rights [page 14]
3 Access to remedy [page 17]
Annex: Measures taken [page 21]
Human rights due diligence
2 The corporate responsibility to respect human rights [page 14]
Annex: Measures taken [page 22-24]
Annex: Measures planned [page 28-29]
Human rights impact assessments
Annex: Measures taken [page 22]
Annex: Measures taken [page 24]
Annex: Measures planned [page 29]
ICT & electronics sector
Annex: Measures taken [page 22]
Annex: Links [page 30]
Indigenous peoples
Investment treaties & investor-state dispute settlements
Annex: Measures taken [page 21]
Annex: Measures planned [page 29]
Judicial remedy
1 The State duty to protect human rights [page 10-11]
3 Access to remedy [page 15]
Annex: Measures taken [page 21]
Annex: Measures planned [page 27]
Land
Migrant workers
National Human Rights Institutions/ Ombudspersons
3 Access to remedy [page 15-17]
Non-financial reporting
2 The corporate responsibility to respect human rights [page 14]
Annex: Measures taken [page 23-24]
Annex: Measures planned [page 27-29]
Annex: Links [page 30]
Non-judicial grievance mechanisms
3 Access to remedy [page 15-17]
OECD National Contact Points
3 Access to remedy [page 17]
Annex: Measures taken [page 21]
Annex: Measures planned [page 28]
Persons with disabilities
Policy coherence
Privatisation
Public procurement
Annex: Measures planned [page 27-28]
Security sector
Small & medium-sized enterprises
2 The corporate responsibility to respect human rights [page 13]
Annex: Measures planned [page 28-29]
Annex: Links [page 30]
State Owned Enterprises/ Public Private Partnerships
1. The State duty to protect human rights
The State’s role in protecting human rights [page 9]
Annex: Measures taken
The State as owner [pages 23-24]
Annex: Measures planned
The Government aims to raise its ambitions in foreign trade, including in CSR and implementation of the UN Guiding Principles on Business and Human Rights. To achieve these aims, a number of concrete measures will be implemented by 2017.
The State as owner [page 29]
Supply chains
2 The corporate responsibility to respect human rights [page 13]
Annex: Measures taken [page 22]
Taxation
Annex: Measures taken [page 24]
Annex: Measures planned [page 27]
The 2030 Agenda for Sustainable Development
The three pillars of the UN Guiding Principles on Business and Human Rights [page 6]
Annex: Measures planned
The Government aims to raise its ambitions in foreign trade, including in CSR and implementation of the UN Guiding Principles on Business and Human Rights. To achieve these aims, a number of concrete measures will be implemented by 2017.
Tourism sector
Trade
Foreword [page 3]
The three pillars of the UN Guiding Principles on Business and Human Rights [page 6-7]
Annex: Measures taken [page 21-24]
Annex: Measures planned [page 27-29]
Workers’ rights
1 The State duty to protect human rights [page 10-11]
2 The corporate responsibility to respect human rights [page 13]
Annex: Measures taken [page 21]
