NAP Development Process
The Ukrainian Ministry of Justice announced it was beginning a process to develop a National Action Plan on Business and Human Rights in January 2019. A National Baseline Assessment was published in late 2019.
In 2017, in the lead up to the announcement of the NAP process, a pilot study on human rights and business issues in Ukraine was published by the Yaroslav Mudryi National Law University. The study was based on the Danish Institute for Human Rights’ methodology of country guides on human rights and business.
In 2018, joint efforts by the Yaroslav Mudryi National Law University and the Ukrainian Ministry of Justice led to:
- the Ukrainian translation of the UN Guiding Principles on Business and Human Rights
- the Ukrainian translation of the Toolkit on National Action Plans for Business and Human Rights (DIHR, ICAR, 2017 ed.),
- the Ukrainian translation of Business and Human Rights Guidance for Bar Associations adopted by the International Bar Association (IBA)
- a 2018 multi-stakeholder panel discussion on UN Guiding Principles implementation in Ukraine in Kharkiv, where the idea of a NAP process was first discussed.
At a planning meeting in January 2019, the steps for developing a NAP were discussed under leadership of the Ministry of Justice.
Select civil society and governmental stakeholders are being consulted in the drafting stage of the National Baseline Assessment. The NBA draft will then be published and will be open for consultation.
Following the publication of the baseline research, the Ministry of Justice is planning to organise stakeholder consultations in Kiev and 4-6 regions of the country. Participants will include a wide range of stakeholders, including government officials, civil society and media representatives, academia and business representatives.
Participants will be asked about their perspectives on business and human rights impacts in the country and their preferred priorities and recommendations to be included in the National Action Plan. Recommendations will be documented and shared publicly.
The Ministry of Justice published a press release announcing the commencement of the NAP process in Q1 2019. Further methods to increase transparency in the NAP development process are being discussed.
National Baseline Assessment (NBA)
The Ministry of Justice tasked the Yaroslav Mudryi National Law University with developing a National Baseline Assessment, which was published in 2019. It entails a thorough analysis of legislative and institutional frameworks to see how the UNGPs are currently realised. It is being undertaken based on the methodology developed by the Danish Institute for Human Rights and ICAR (2nd edition of 2017). Additionally, a questionnaire for businesses was developed by the Ministry of Justice in order to start assessing the status of human rights due diligence implementation by businesses in Ukraine. The questionnaire is based on a similar survey developed by the Scottish Human Rights Commission.