From a human rights perspective, environmental protection and climate change mitigation and adaptation are crucial as the consequences of global warming and nature’s degradation can threaten livelihoods; food production; human, water and ecosystem security; land tenure and resource use; and health.
While the global climate crisis and environmental degradation pose significant risks for all people everywhere, disproportionate impacts are felt by indigenous peoples, small-scale farmers, fishers, pastoralists, migrants, children, older persons, women, persons with disabilities, people living in small island developing States and least developed countries, and others in vulnerable situations who are at risk of being left behind.
Women in developing countries are particularly vulnerable to climate change because they are highly dependent on local natural resources for their livelihoods. Women charged with securing water, food and fuel for cooking and heating face the greatest challenges. Women experience unequal access to resources and decision-making processes, with limited mobility in rural areas. It is thus important to identify gender-sensitive strategies that respond to these crises for women (UNDP).
The WHO noted in 2023 that “Climate change is directly contributing to humanitarian emergencies from heatwaves, wildfires, floods, tropical storms and hurricanes and they are increasing in scale, frequency and intensity. The Internal Displacement Monitoring Centre 2024 Global Report on Internal Displacement notes that “[f]loods and storms continued to cause the most displacements, however, including in south-eastern Africa where cyclone Freddy triggered 1.4 million movements across six countries and territories”.
“Research shows that 3.6 billion people already live in areas highly susceptible to climate change. Between 2030 and 2050, climate change is expected to cause approximately 250 000 additional deaths per year, from undernutrition, malaria, diarrhoea and heat stress alone.
The direct damage costs to health (excluding costs in health-determining sectors such as agriculture and water and sanitation) is estimated to be between US$ 2–4 billion per year by 2030.”
Others have estimated total global change losses before 2010 at 0,9% of global GDP (USD $700 billion), which is anticipated to increase to 3,2% global GDP by 2030. Annual economic losses for development States are estimated at USD $428 billion by 2030.
The close relationship between human rights and the environment is reflected in the recognition of a universal right to a clean, healthy and sustainable environment by the Human Rights Council in 2021 (Resolution 48/13) and the United Nations (UN) General Assembly in 2022 (Resolution 76/300). In 2021, the UN Human Rights Council established the mandate of a Special Rapporteur on the promotion and protection of human rights in the context of climate change (Resolution 48/14), in addition to the other “green” mandate holders including on the topics of ‘human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment’, ‘the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes’.
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Key instruments in the field of human rights and the environmental include the core human rights instruments, but also specific environmental instruments including:
the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (The Escazu Agreement) (2018)
the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (The Aarhus Convention) (1998)
The right to a healthy environment is recognised in the constitutions or legislation of 80% of UN member states. Most States have legislation requiring environmental impact assessments (EIAs) for proposed projects and policies that may have negative consequences for the environment.
The 2018 Framework Principles on Human Rights and the Environment, developed by former UN Special Rapporteur on human rights and the environment, John Knox, set out the human rights obligations of States relating to the environment. These obligations are drawn from a range of treaties and binding decisions, as well as statements of human rights bodies that have the authority to interpret human rights law. The Framework Principles state, inter alia, that: “businesses should comply with all applicable environmental laws, issue clear policy commitments to meet their responsibility to respect human rights through environmental protection, implement human rights due diligence processes (including human rights impact assessments) to identify, prevent, mitigate and account for how they address their environmental impacts on human rights, and enable the remediation of any adverse environmental human rights impacts they cause or to which they contribute”.
The environmental dimension and concrete components of the 2030 Agenda for Sustainable Development are of significant relevance to business sector. This is reflected in the pledge in the Agenda’s preamble to “protect the planet from degradation, including through sustainable consumption and production, sustainably managing its natural resources and taking urgent actions on climate change”. Business activity can have an impact on several environment- and climate change- related SDGs, including SDG 7 (affordable and clean energy), SDG 11 (sustainable cities and communities), SDG 12 (responsible consumption and production), SDG 13 (climate change), SDG 14 (life below water) and SDG 15 (life on land).
In 2024, the EU adopted the Corporate Sustainability Due Diligence Directive (CSDDD) which requires companies to undertake risk-based due diligence to address potential and actual negative impacts on human rights and the environment that are connected with companies’ broader business operations.
Several UN agencies are calling upon the private sector to move beyond a culture of basic compliance to one where the business community champions the right of everyone to a healthy environment. The United Nations Environment Programme has committed to assist businesses to better understand what their environmental rights obligations are and provide guidance on how to transition from compliance to championing environmental rights.
In recent years, the integration of human rights into EIAs gathered increasing attention, as it can be beneficial to facilitate the analysis of the interrelatedness of environmental, social and human rights impacts. The International Association for Impact Assessment (IAIA) explains that while EIAs are more established in international standards and national legislation than the UNGPs, they oftentimes fall short in explicitly identifying, addressing or considering human rights impacts. To ensure impact assessments accurately identify the full range of risks, a human rights lens is needed. In the oil and gas sector there are several examples of the integration of human rights in EIAs.
Key instruments developed to address climate change include:
The Kyoto Protocol, an international agreement linked to the Framework Convention, commits its Parties by setting internationally binding emissions reduction targets. The Paris Agreement, also linked to the Framework Convention, requires all Parties to put forward their best efforts through nationally determined contributions, and to strengthen these efforts in the years ahead. This includes requirements that all Parties report regularly on their emissions and their implementation efforts. The Paris Agreement was the first climate change instrument to explicitly recognise human rights. The preamble acknowledges that climate change is a common concern of humankind and that parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health and the rights of indigenous peoples. The relationship between climate change and the realization of human rights is also recognised by regional Human Rights Court, such as the Inter-American Court of Human Rights (IACtHR) and the European Court of Human Rights (ECtHR). The IACtHR stated in their 2017 Advisory Opinion (OC-23/17) that the environmental degradation and the adverse effects of climate change affect the real enjoyment of human rights. More recently, on 9 April 2024, the ECtHR found that the Swiss government had failed to comply with its duties under the European Convention on Human Rights concerning climate change, including failing to set clear limits on greenhouse gases emissions and not meeting its past greenhouse gases emission reduction targets. The case affirms that climate change is a human rights concern and establishes a ECtHR approach to climate change cases.
In June 2023, the Working Group on the issue of human rights and transnational corporations and other business enterprises issued an Information Note on Climate Change and the Guiding Principles on Business and Human Rights. It explains how the obligations of States under the UNGPs to protect against human rights impacts arising from business activities includes the duty to protect against foreseeable impacts related to climate change. Also, the responsibilities of business enterprises under the UNGPs to respect human rights and not to cause, contribute to or be directly linked to human rights impacts arising from business activities, include the responsibility to act in regard to actual and potential impacts related to climate change. This responsibility has been confirmed in recent years by national courts and other institutions through an increasing number of cases against major oil and gas companies for their contributions to climate change and subsequent human rights violations. The burning of coal, natural gas and oil for electricity and heat is the largest single source of global greenhouse gas emissions. An example of such a case is the “Carbon Majors Inquiry” in the Philippines, in which the Commission on Human Rights investigated whether the collective contribution to global warming by 47 coal, cement, oil and gas companies violated Filipinos’ basic rights to life, water, food, sanitation, adequate housing and self-determination. The companies under investigation included some of the world’s biggest fossil fuel producers, such as ExxonMobil, Chevron, Shell, Rio Tinto and Total (the Carbon Majors). The inquiry demonstrates that, through their products and their operations, the Carbon Majors have contributed to the global climate crisis at a scale that is quantifiable and significant, both globally and historically. The Commission found that these companies have clear and ongoing responsibilities to respect human rights in their operations, to conduct due diligence to ensure their operations are not violating human rights, and to provide remedies when violations occur.
Examples of government initiatives include the Geneva Pledge for Human Rights in Climate Action that includes more than 30 countries. The initiative reiterates the importance of addressing the human rights implications of climate change and emphasises that human rights should inform climate processes. At the EU level, the European Climate Law came into force in 2021, which writes into law the goal of Europe’s economy and society becoming climate-neutral by 2050. At the national level, in 2013 Guatemala adopted the Climate Change Framework Law (in Spanish) to prevent, plan for and respond to the impacts of climate change in the country. In 2013 Jordan published its National Climate Change Policy, which assesses the impacts from climate change on Jordan and recommends a number of mitigation and adaptation measures. More recently, the UK published its Net Zero Strategy: Build Back Greener (2021), in which the government sets out policies and proposals for decarbonising all sectors of the UK economy to meet the net zero target by 2050.
A great number of multi-stakeholder initiatives have been adopted to reduce greenhouse gases emissions and to transition to a green economy worldwide. The Climate and Clean Air Coalition is a global effort that unites governments, civil society and the private sector in committing to improving air quality and protecting the climate in next few decades by reducing short-lived climate pollutants across sectors. In 2002 the Partnership for Clean Fuel and Vehicles was established bringing together 72 organisations representing developed and developing countries, the fuel and vehicle industries, civil society, and leading world experts on cleaner fuels and vehicles.
Several sectorial organisations have also developed tools in order to address negative impacts on the environment. In 2016 IPIECA developed a Guidance document for the oil and gas industry on Biodiversity and Ecosystem services (BES) fundamentals, which contains six interlinked management practices. The Global Roundtable for Sustainable Beef, Principle 1, states that the global beef value chain manages natural resources responsibly and enhances ecosystem health. Another example is the ISO 14000 Standard on Environmental Management which provides businesses with a number of tools to assist in their environmental management systems. The Global Reporting Initiative’s G4 Sustainability Reporting Guidelines includes a section on environmental reporting for corporations, which has sets of indicators and sub-indicators that help guide the reporting process.
What National Action Plans say on Environment & climate change
Belgium (2017 - open)
Action point 10
Belgium engages itself to integrate the criteria of the UNGPs and of the corporate social responsibilities in the strategy to support the development of the local private sector of Belgium (Page 33)
The new law of March 2013 related to Belgian development cooperation attributes a more important role to the cooperation in view of supporting the private sector in the developing country. One strategic note, entitled “The Belgian Development Cooperation and the Local Private Sector: The Support of Sustainable and Human Development”, was formulated in April 2014.
From now on, and primarily in the sectors of agriculture, basic services, and infrastructure directly pertinent for the development of enterprises and of projects that can contribute to the fight against climate change, the Belgian development cooperation will specifically:
Reinforce the capacities of public institutions of developing countries who are charged to create a favourable framework for the development of the private sector;
Improve the access to financing for the micro, small, and middle-size enterprises (MPME);
Reinforce the capacities of business people of micro, small, and middle-size enterprises;
Promote equitable and durable commerce in order to support the social economy and favour socially responsible businesses.
This strategy, which applies itself to the actions of businesses in the 14 priority countries of the governmental cooperation but also in the 52 countries of intervention of non-governmental actors and of the Belgian Society of Investment for Developing Countries (BIO), insists as well on the importance of coordination and synergies to developed and on the coherence of the policies put in place as well as on a follow-up for rigorous actions supported.
The principal, specialised actors in support of the local private sector are the Belgian Society of Investment for Developing Countries (BIO) and the Trade for Development Center (TDC).
The corporate social impact purpose of BIO is to invest, directly or indirectly, in the development of micro, small, and middle-size enterprises (MPME) and social economy enterprises situated in developing countries with the interest of economic and social progress of these countries all while assuring sufficient return. At the same time, BIO also has the corporate purpose to invest in energy projects and projects that contribute to the fight against climate change in developing countries as well as in companies whose purpose is to provide basic services to the populations of developing countries. In addition, through its Support Fund for Micro, Small, and Middle-Sized Enterprises (MSME Support Fund), BIO can grant subsidies to co-finance support programs.
The TDC, meanwhile, aims to improve market access for producers and entrepreneurs in the South through direct support to local producer organizations, local businesses, or local professional organizers as well as to develop expertise on the themes of fair and sustainable trade in order to put in place the appropriate awareness and knowledge transfer strategies=
Federal Government Action:
Both the management contract between the Belgian state and BIO, which began in effect for five years in April 2014, and the 2014-2017 Convention for the Implementation of the Trade for Development Centre signed between the Belgian state and Belgian technical cooperation, provides that all development interventions of the local private sector must adhere to certain principles of intervention. Among these principles, in addition to the criteria of “classic” development, are in particular the respect of social, environmental, and good governance aspects. These two legal tools also provide for reporting requirements to monitor and evaluate compliance with these principles.
The annual report sent by BIO will henceforth be systematically the subject of a specific meeting of the Concertation Committee DGD/BIO before June 30th with a management contract in place that links the granting of additional financial means by the Belgian state with respect to BIO in particular for its reporting obligations. The Concertation Committee DGD/BIO will meet quarterly and will mainly ensure the proper implementation of the Management Contract.
The TDC will annually transmit a narrative and financial report, discussed in the Monitoring Committee (CTB-TDC/DGD), to certify the conformity of actions in particular to the principles of intervention outlined in the implementation agreement. The Monitoring Committee will meet every six months mainly to take stock of the monitoring efforts of the TDC Programme.
Strand 1: Training in the Field of Business and Human Rights
Action Point 1.6 [pages 32-33]
The Ministry for the Environment will:
With the support of expert organisations, coordinate internal training at a national and international level, and at a macro-zone level in the Ministry of the Environment, the Superintendence of the Environment (SMA) and the Environmental Assessment Service (EAS)… Upon creation of the Biodiversity and Protected Areas Service and of the Protected Areas National Service, carry out an outreach and training process including an analysis about their relationship with business and human rights.
Strand 2: Dialogue
Action Point 2.3 [pages 34-35]
The Environmental Assessment Service will design the mechanism to assess the impact of the best practice Guide on the relationships among actors involved in projects submitted to the Environmental Impact Assessment System.
Action Point 2.4
The Ministry of Energy, through the Division of Participation and Dialogue, will promote the creation of formal and steady opportunities for dialogue between businesses and communities in localities where they expect to install energy projects. Aimed at a smooth management of these opportunities, the “Guide for Participation Standards in the Development of Energy Projects” will be available to promote the existence, from the public sector, of mechanisms allowing to decrease the asymmetries existing between the parties, such a registry of advisors and facilitators to be used by communities; a symmetry fund allowing to finance the advisors and facilitators; complaints mechanisms allowing to forward complaints to the authorities that the parties may have regarding compliance with agreements; dispute resolution mechanisms allowing to resolve through alternative methods any disagreements that may arise in the dialogue process. Efficiency criteria set out in Guiding Principle No. 31 will be included in the design of the complaint mechanism. Additionally, the Ministry will promote the development of “local governance mechanisms” in the localities where energy projects are installed. They will be composed of representatives from the community, business enterprises, local authorities and other actors that the parties may consider relevant, with the purpose of carrying out dialogue processes aimed at decision making connected with local development initiatives that may be developed from the presence of an energy project within the territory.
Strand 4: Transparency and Participation
Action Point 4.4 [page 31]
The Ministry for the Environment:
Commits itself to strengthen the effective enforcement of Principle 10 of the 1992 Rio Declaration about participation, access to information and awareness concerning environmental issues, within the context of the preparation of the Regional Instrument on Access Rights to Environmental Issues.
In line with Principle 10 of the 1992 Rio Declaration, it will assess the development of methodologies allowing to facilitate access to environmental information available concerning projects submitted to Environmental Impact Assessment System (EIA), by taking into consideration the complexity and depth of the subjects under discussion.
The EIA will design a mechanism to establish the usefulness and impact of the Guide for Early Community Involvement, available since 2013, with the purpose of reporting communities at an early stage about projects submitted to the Environmental Impact Assessment System.
Will promote the availability of spaces for dialogue and participation regarding climate change actions, including the organisation of workshops and public consultation meetings for the preparation of sector adaptation plans. This will be included within the framework of the 2017-2022 National Action Plan for Climate Change -under preparation- which includes the concept of equity as a guiding principle, and gives special consideration to subject such as gender equality, human rights and indigenous peoples. o Will seek to incorporate the gender focus in the next climate change adaptation plans, with the purpose of including the participation of women in the preparation and implementation of actions about this subject.
Strand 5: Public Contracts
Action Point 5.3 [page 43]
The INDH will adopt a human rights and environmental policy for the purchase of goods and services.
Strand 6: Strengthening coherence between public policies
Action Point 6.3 [page 45]
The Ministry of Foreign Affairs will:
Generate an opportunity to discuss, at a national level, about the integration of the Agenda of the Paris Agreement on Climate Change, the United Nations Guiding Principles on Business and Human Rights, and the 2030 Agenda on Sustainable Development, as well as about the challenges of these Agendas about the contribution of business enterprises. Regarding this national commitment, the Ministry is committed to generate cross references about human rights and climate change in the reports prepared about these subjects submitted to international organisations.
Through the General Directorate of International Economic Relations, it will:
Reinforce the work of committees created pursuant to chapters contained in trade agreements about SMEs, cooperation, gender, environment, transparency and labour matters, so that they include human rights-related objectives in their duties, thus becoming a forum for carrying out relevant dialogues. In line with the above, DIRECON will encourage the development of specific coordination activities in the committees and promote the development of technical capacities in human rights
Strand 7: Strengthening of international political coherence
Action Point 7.1 [page 47]
The Ministry of the Environment is currently involved in negotiations of the Regional Instrument about Principle 10 of the Rio Declaration about access to information, participation and justice in environmental matters, where it will take into consideration the business and human rights framework as relevant.
Strand 9: State Business Enterprises
Action Point 9.2 [page 49]
The National Oil Company (ENAP), with the support of independent experts, will prepare a baseline to identify eventual impacts on human rights and the promotion and respect actions the Company is currently performing. This has the purpose to identify gaps and manage the relevant plans for human rights remediation and mitigations. Priority subjects included in the study will be: life, health, environment, water, communities and workers. This initiative is based on the new Sustainability Policy passed by the Board of Directors in December 2016. It is composed of four strands: consideration of stakeholders, environment, integrated management and human rights.
Pillar 2: Corporate Responsibility to Respect Human Rights
Strand 1: Contextual issues: Development of texts allowing business enterprises to understand the local context and the risks of potential negative impacts on human rights.
Action Point 1.4 [page 53]
The Ministry of the Environment will prepare a study about the links between the Law creating the Actual Right of Conservation (DRC) and the Guiding Principles.
Action Point 1.6
The Environmental Assessment Service will prepare the Guide for Describing the Human Environment with Gender Focus for the Assessment of Environmental Impact. Such Guide is meant for the owners of projects submitted to the SEIA.
Strand 2: Promotion of corporate due diligence in the field of human rights
Action Point 2.2 [page 55]
The Ministry of Economy, Development and Tourism will:
Create working groups in conjunction with the Under-Secretariat of Fisheries and Aquaculture and the Under-Secretariat of Tourism, which will have the duty to analyse and create mechanisms allowing to monitor these sectors regarding their respect for human rights. It will encourage and work with SEP for the adoption of an audit system in the field of human rights.
Strategy “Commitment for the future of Colombia” [“Compromiso por el futuro de Colombia”]
(…)
Commitment with clean and sustainable growth: within the framework of the principle “produce conserving and conserve producing” [“producir conservando y conservar produciendo”] the roadmap in relation with sustainable growth is based in issues such as energy transition, combatting climate change effects, reforestation and access to environmental information.
VIII. FUNDAMENTAL PILLARS
i. Fundamental Pillar 1: The State’s obligation to protect human rights
Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation
(…)
The Ministry of Trade, Industry and Tourism [MINCIT] will arrange meetings with civil society representatives in the framework of the trade and sustainable development chapter with the European Union and the environmental chapter with the United States in the sessions of the Environmental Committee.
(…)
The National Environmental Licensing Authority will strengthen environmental licensing processes by incorporating actions for the prevention and positive transformation of socio-environmental conflicts and promoting spaces for citizen participation.
Strand 6 [Eje nº 6]: In areas affected by violence, provide guidance and assistance to companies in order to promote the promotion and guarantee of human rights
(…)
The Ministry of Environment and Sustainable Development will develop tools to prevent human rights violations related to socio-environmental conflicts by strengthening Regional Environmental Dialogue Centres and providing guidance to affected communities.
National Action Plan – production and objectives [page 6]
CSR encompasses areas such as … environmental protection, and the setting-up and running of community facilities.
The concept of business and human rights, on the other hand, is rooted in the fact that certain unwelcome developments should not happen in the course of business activities per se. Respect for human rights is not inherently voluntary – … environmental over-exploitation cannot be dependent on corporate goodwill. However, this Action Plan’s commitments to mitigate and suppress the risk of such occurrences in the absence of the state regulation that would prevent them directly are voluntary. They also make it easier for businesses to keep clear of such situations in their supply chains and among their business partners.
Pillar I: state duty to protect human rights
State aid, guarantees and subsidies
Implements Principles 4 and 7 [page 25]
On 1 January 2004, the OECD Recommendation on Common Approaches on the Environment and Officially Supported Export Credits entered into force. That Recommendation includes a commitment by all Member States not to assist – through their institutions – environmentally harmful projects. In June 2012, the OECD Council adopted the Recommendation on Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence, which expands and reinforces the original provisions on the environmental and social aspects of officially supported exports. The new Recommendation establishes simpler, more readily accessible procedure for the categorisation of projects according to their environmental and social impact in the countries where they are to be implemented. The main change is the greater stress on the social impacts of projects and the aspects thereof that have a bearing on human rights in the countries of implementation.
Current state of play:
In its activities, EGAP abides by the Recommendation of the OECD Council on officially supported export credits.
CEB and EGAP are subject to the European Union’s sanctioning regimes. State aid will not be granted if it is to be directed towards states or individuals who have been sanctioned by the European Union.
Aid applicants must submit a detailed environmental impact assessment for a selected export where CEB- and EGAP-backed projects have a larger-scale environmental and social impact.
Task:
Where possible, in subsidy agreements take account of social, environmental and other non-financial indicators and requirements concerning the beneficiary and the beneficiary’s subcontractors.
Coordinator: All ministries concerned
Deadline: Running
Pillar II baselines: Human rights as a moral and ethical obligation
Scope and content of the obligation to respect human rights [page 30]
For businesses, there are three dimensions to respect for human rights:
Do not commit violations of human rights: This applies to a business’s active conduct, the direct impacts of its decisions, and its operations, and may encompass:…
The destruction of a source of water, permanent soil damage, and emissions that pose a threat to health.
Do not be associated with violations of human rights: This applies to other parties’ activities about which a business knows, on which it has a bearing, and/or which are closely related to its own business, and may encompass:…
Lending for a mining project that permanently damages the environment.
What human rights?
These rights are fleshed out in a series of other specific instruments, such as the OECD Guidelines for Multinational Enterprises.
…As for the external impacts of a business’s operations, this might encompass forced land seizure and population displacement, the ban on requisitioning or destroying natural resources that are vital to a local community, and the ban on destroying cultural heritage.
Protection of human rights through state regulation and policy [page 12]
Denmark works to ensure that companies involved in Danish development cooperation respect human rights and act responsibly within the areas of … environment … within the framework of ILO conventions, UN Global Compact, the OECD Guidelines for multinational enterprises and work towards implementation of the UN Guiding Principles on Business and Human Rights.
Protection of human rights in the business sphere in Danish legislation
…the Working Environment Act contributes to protecting the right to a safe and healthy working environment, the act protects, among other things, individuals against adverse impacts on health due to environmental pollution from business sources and contributes to protecting the right to the highest attainable standard of health through regulating access to health services.
Providing effective guidance on how to respect human rights [page 13]
…To ensure that companies have the right tools and the necessary guidance to handle the new due diligence requirements, the Government has updated the existing web tool, the CSR Compass and the Global Compact Self-Assessment Tool in accordance with the due diligence requirements of the UNGPs. ..The revised Global Compact Self-Assessment Tool works as a Self-Assessment guide to a CSR due diligence going through a questionnaire covering aspects of human rights,.. environment… and including a template for a follow up action plan.
Annex 1: Overview of the implementation of the state duty to protect
GP1 State Duty to Protect
Initiatives taken or planned as a dedicated measure to implement the UNGPs (after the UN ratification of the Guiding Principles) [page 24]
In 2011 the Danish government published it second national action plan for CSR “Responsible Growth” 2012–2015. The national action plan contains several initiatives which translate the UNGPs into practice, among other: …A reporting requirement on human rights and climate
GP3c State Duty to Protect
Initiatives taken or planned as a dedicated measure to implement the UNGPs (after the UN ratification of the Guiding Principles) [page 26]
Companies involved under Danida Business Partnerships are required and guided to undertake a CSR due diligence covering human rights,… environment…and to follow-up with an action plan in order to mitigate adverse impacts of business activities on employees and society at large.
The French NAP includes a large number of references to the environment and climate change. A number of these include:
I. The State’s Obligation to Protect Human Rights
Introduction [page 12]
France helps reinforce human rights and social and environmental standards at the national, European and international levels, offering constitutional, legislative and regulatory protections …
The International Framework
4. The International Organization for Standardization (ISO) [page 15]
… France steered work on the voluntary international standard ISO 20400, which provides guidance on sustainable procurement for organizations in the public and private sectors, through the French standardization organization AFNOR. This standard aims to establish a basic frame of reference to tackle the practices of social and environmental dumping. It was approved in late January, which paved the way for its publication.
5. International Organisation of La Francophonie
At their 12th summit in Quebec in October 2008, OIF [International Organisation of La Francophonie] Heads of State and Government formally undertook to “promote social/societal and environmental corporate responsibility, in particular by encouraging the companies from La Francophonie Member States to adhere to the relevant instruments and international standards and principles, as well as by promoting their harmonization.”
France therefore supports social and environmental corporate responsibility, as stated in the final declarations of the 2008 and 2014 summits. The OIF could be encouraged to cooperate with national consultative human rights commissions on these issues.
Actions underway [page 16]
Working with the Group of Friends of Paragraph 47 of the Rio+20 Declaration, France supports the reinforcement of reporting requirements in the environmental, social and governance fields, especially with respect to the implementation of the Sustainable Development Goals adopted on 25 September 2015.
As outlined in the UN Guiding Principles, France encourages embassies to be vigilant with respect to the human rights and environmental performances of French economic actors. In particular, the French Ministry of Foreign Affairs and International Development has sent the CSR guide to all diplomatic posts since 2015.
…
Actions to be implemented
Implement the UN Guiding Principles in the battle against climate change, following commitments made during COP 21.
The European Framework
7. European Union (EU) [pages 17-18]
… [France has] promoted the inclusion of social, environmental and governance standards in trade and investment agreements …
8. Trade and Investment Agreements [page 19]
… As for the National CSR Platform, [the National Consultative Commission on Human Rights (CNCDH)] issued the following recommendations:
Ensure social and environmental clauses are included and respected under these agreements
…
European trade agreements incorporate CSR [Corporate Social Responsibility] and adherence to international conventions on labour and the environment. EU free trade agreements all include sustainable development chapters, which contain provisions on labour law and environmental protection. These chapters also refer to CSR. Provisions mainly reiterate key existing multilateral agreements (for example, ILO’s fundamental conventions in the labour field and multilateral environmental agreements in the environmental field). They also set out cooperation mechanisms for the parties in order to support progress in these fields. Sustainable development chapters in EU free trade agreements and investment agreements contain two further important provisions: one prevents parties to the agreement from lowering social and environmental standards to promote trade and attract investments; the other confirms States’ right to regulate in the social and environmental fields.
…
From the French perspective, addressing these issues in free trade agreements results in a number of weaknesses:
…
Secondly, although trade agreements include social and environmental standards and human rights clauses taken from the main international texts on labour laws and the environment, international organizations (the UNDP, ILO, etc.) are not involved in negotiations, despite the fact they carefully monitor the implementation of these texts (through regular reports by State parties, etc.). Instead, in trade agreements, a committee meeting at least once per year is charged with monitoring the implementation of sustainable development chapters. Civil society (NGOs and nonprofit organizations) can also act as whistleblowers if these regulations are breached, although this power is not institutionalized. Discussions with civil society are generally formalized by way of an annual forum or consultative committee bringing together stakeholders from different backgrounds.
…
To respect human rights and support responsible practices, social and environmental costs must be included in cost prices. The EU condemns social and environmental dumping and selling at a loss. France must encourage the international bodies to which it is party to implement measures guaranteeing fair and undistorted competition.
In 2013, France issued a number of proposals to improve the way in which social and environmental standards were addressed in European trade agreements. These proposals are still relevant.
These proposals focus on five main areas:
Improving cooperation with international organizations working in the labour and environmental protection fields (ILO, UNDP, UNEP, etc.). Some of these organizations, particularly UN organizations, are running cooperation projects in countries currently negotiating trade agreements with the EU. Some of these cooperation activities are oriented in such a way that they directly support the social and environmental goals set down in agreements. This is the case for some countries that have just concluded trade agreements or countries benefitting from Europe’s Generalised Scheme of Preferences (GSP).
Improving the evaluation of sustainable development chapters through rigorous impact assessments. These impact assessments must provide a clear overview of social and environmental standards in countries negotiating agreements with the EU. France has completed a major revision of the European manual used to write these impact assessments. This could lead to progress in the field.
Giving civil society more power to monitor these chapters. In addition to the annual forums currently planned by the European Commission, European trade agreements could give civil society (NGOs and trade unions) a formal “whistleblower” role, denouncing breaches of social and environmental standards. The Commission has decided not to look further into this option at this stage.
…
Actions Underway [pages 21-22]
France, working with other European partners who support this initiative, is building on proposals made to the previous European Commission (in March 2013) to reinforce social and environmental standards in free trade agreements and monitor their enforcement.
…
The National Framework
9. The Protection of Human Rights and the Environment Constitutional Guarantees [page 22-23]
… The charter [Charter for the Environment, 2004, France Constitution] acknowledges a number of rights, including “the right to live in a balanced environment which shows due respect for health” (Article 1), the obligation for public policies to “promote sustainable development” and “reconcile the protection and enhancement of the environment with economic development and social progress” (Article 6), the right to “have access to information pertaining to the environment” and to “participate in the public decision-taking process likely to affect the environment” (Article 7), as well as the principles of precaution and prevention in the environmental field …
10. The Reinforcement of Legislation [pages 23-24]
Recent public policies have led France to adopt new legislative measures supporting CSR.
For approximately ten years, French legislation has required all large companies to publish detailed information on their CSR policies. The 2001 Act on New Economic Regulations, otherwise known as the NRE Act, requires listed companies to disclose specific social and environmental information in their management reports. The Act of 12 July 2010, also referred to as the Grenelle II Act, reinforced transparency requirements in two ways:
Under Article 224 of this act, the annual reports of asset management companies must mention the ways in which their investment policies take into account environmental, social and governance criteria …
Articles 70-IV and 173-IV of the Act on Energy Transition for Green Growth of 17 August 2015 extended reporting requirements by introducing the concept of the circular economy and asking companies to provide information on how the use of their goods and services affected climate change. An implementing decree was adopted in August 2016 to clarify these obligations.
France also played a key role in developing transparency obligations for companies at the European level. It was the main supporter of the draft directive on non-financial reporting obligations, published on 22 October 2014, which requires large European listed companies to publish reports on their social, environmental, human rights and corruption policies. France encouraged the European Commission to take an ambitious approach when adopting the guidelines discussed in the directive. The directive is currently in the final stages of being transposed into French law. This will reinforce existing non-financial reporting requirements for companies.
In the development field, the Act of 7 July 2014 on France’s strategy for development and international solidarity states that policy in this field must take into account “the social and environmental responsibility of public and private actors”. In addition, “France shall promote this requirement to partner countries and other donors”. Furthermore, “It shall also encourage businesses with their headquarters in France and with offices abroad to implement the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights”. Also under this act, “Companies shall implement risk management procedures to identify, prevent or mitigate social, health and environmental damage and human rights abuses that may arise as a result of their operations in partner countries”.
An act on a duty of vigilance for parent companies and outsourcing companies was promulgated on 27 March 2017. Under this act, companies that employ more than 5,000 employees in France, or more than 10,000 employees in France and abroad, must draft and implement due diligence plans. Plans must set out reasonable measures to identify risks and prevent serious abuse of human rights, fundamental freedoms, health, personal safety and the environment, arising as a result of the operations of the company, of companies under its direct or indirect control, or of subcontractors and suppliers with which it has well-established commercial relationships.
…
11. The Inter-Ministerial Exemplary Administration Action Plan and the National Action Plan for Sustainable Public Procurement [page 25]
On 17 February 2015, the Prime Minister issued instructions concerning the 2015-2020 Inter-ministerial Exemplary Administration Plan, on the basis of which each ministry was requested to draw up its own exemplary administration plan. These plans must outline initiatives to be implemented by 2020 in the fields of energy saving, sustainable mobility, resource consumption, waste reduction and biodiversity preservation. They may also address social and societal impacts as part of their focus on social and environmental responsibility …
Public Procurement Policy [page 25-26]
… The National Action Plan on Sustainable Public Procurement seeks to help the State, local government and hospitals make sustainable purchases as per Ordinance 2015-899 of 23 July 2015 and Decree 2016-360 of 25 March 2016 on public procurement …
… The new legal framework for public procurement gives purchasers several ways of addressing social and environmental impacts. Having transposed Article 57 of Directive 2014/24/EU of 26 February 2014 on public procurement, French law now states that public contracts may not be awarded to economic operators that have been found guilty of fraud, corruption or the trafficking or exploitation of human beings (Article 45 of Ordinance 2015- 899). Article 59 of Decree 2016-360 obliges public purchasers to reject bids that do not comply with applicable laws, particularly in the social and environmental fields. Transposing Article 69 of the above mentioned directive, the decree also enables purchasers to reject tenders that are abnormally low because they do not respect applicable environmental, social and labour obligations established by French law, European law, collective agreements or by international environmental, social and labour law provisions (Article 53 of the above mentioned ordinance and Article 60 of the above mentioned decree). This also applies to subcontractors (Article 62 of the above mentioned ordinance and Article 133 of the above mentioned decree). Finally, over and above the analysis of tenders, Article 18 of Directive 2014/24 requires Member States to “take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by (…) international environmental, social and labour law provisions.”
Actions Underway [page 26]
The State is committed to ensuring that businesses in which it holds shares respect human rights and the environment.
…
13. The Role of Public Agencies
Compagnie Française d’Assurance pour le Commerce Extérieur (COFACE) [page 27]
The French export credit agency COFACE, which provides guarantees on behalf of the State, systematically applies the Recommendations of the OECD Council on Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence (the “Common Approaches”), most recently negotiated in 2012 by the OECD Export Credits Group …
The Agence Française de Développement [page 28-29]
As mentioned above, pursuant to Article 8 of the French Act of 7 July 2014 France’s strategy for development and international solidarity, the development and international solidarity policy must take into account the social and environmental responsibility of public and private actors. Furthermore, companies must implement risk management procedures to identify, prevent or mitigate social, health and environmental damage and human rights abuses that may arise as a result of their activities in partner countries.
…
Currently, the AFD does not apply Article 5 of Chapter III of the Act on France’s strategy for development and international solidarity, in particular the requirement to implement measures promoting the financial transparency of businesses involved in operations, country by country. Instead, the financial operators and private sector actors with which the AFD Group and PROPARCO work are encouraged to disclose information on their turnover, profits, employee numbers and taxes paid in each country they are based in. This measure, called “country-by-country reporting”, is already compulsory for European banks.
Actions Underway [page 30]
COFACE is continuing efforts to make information on reasonable due diligence in the social and environmental fields (which include human rights) visible and accessible on its website.
The AFD has implemented a grievance management mechanism to deal with environmental and social complaints.
The AFD is reinforcing CSR and human rights criteria in 80% of pending public works contracts with high social and environmental impacts.
…
14. Reinforced Risk Analysis and Information [page 31]
… On 8 July 2002, France ratified the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. This convention seeks to ensure that everyone is able to receive information, participate in decision-making and access justice in the environmental field. As stated in the preamble, “adequate protection of the environment is essential to human well-being and the enjoyment of basic human rights(…).” …
Actions to be Implemented
Provide training, particularly to staff of the State and local government, on human rights and environmental obligations for businesses (in business schools, engineering schools, the judiciary, etc.).
…
15. Economic Sectors and Human Rights
The Agricultural and Food Sector – Actions Underway [page 32]
Recommendations in the Guide to Ex-Ante Analysis of Agricultural Investment Projects that Affect Land and Property Rights are being integrated into the AFD’s due diligence procedures in the land, social and environmental fields.
…
The Extractive Sector [page 34]
Extractive industries are often considered opaque and at high risk of environmental and human rights abuses. As such, they are subject to heightened due diligence measures and initiatives seeking to address sector-specific risks …
… Implementing the EITI [Extractive Industry Transparency Initiative] will help reinforce the transparency of financial flows and support dialogue between businesses, the State and civil society addressing the extractive sector’s social and environmental impacts on national territories.
The Financial Sector – Actions Underway [page 36]
France is examining whether to extend environmental, social and governance reporting requirements for institutional investors in Europe to cover human rights.
…
II- Business’ Responsibility to Respect Human Rights
Introduction [page 37]
… In March 2015, the National CSR Platform agreed on the following points with respect to due diligence:
Parent companies and outsourcing companies should undertake due diligence (which some considered should be voluntary and reasonable, and which others considered should be compulsory) with respect to subsidiaries and subcontractors in order to improve human rights and environmental risk prevention.
This due diligence could include the following measures:
Defining the operational content of reasonable due diligence processes for companies in due diligence plans. These plans would distinguish between subsidiaries and subcontractors given the different due diligence processes applicable to each of these cases. The goal of these plans would be to identify and prevent human rights and environmental risks resulting from business operations. The French NCP’s work on the textile and garment sector could be a useful reference. Parent companies and outsourcing companies would have to disclose the due diligence processes they implement, in compliance with the European directive on non-financial reporting.
…
4. International Framework Agreements [page 42]
An international framework agreement is an instrument negotiated between a multinational enterprise and a global union federation. It defines the rights of those working for the group’s subsidiaries and subcontractors around the world, as well as the social and environmental standards the parties wish to comply with. Generally, the agreement includes a monitoring mechanism involving trade union participation. International framework agreements enable businesses to make international commitments to human rights by working with employees and trade unions and respecting the same standards in all the countries they operate in. Businesses should be encouraged to conclude such agreements …
5. Employee Representatives [page 43]
… Under current legislation, judges sitting on interim matters can rule on the admissibility of claims by stakeholders outside of the company (in other words, they can name these stakeholders “interested parties” in specific circumstances). A number of different laws contain provisions on whistleblowers: Article L 1161-1 of the Labour Code applies to corruption; Article L 5312-4-2 of the Public Health Code applies to the safety of certain health products; Article L 1351-1 of the Public Health Code and Articles L 4133-1 et seq. of the Labour Code apply to serious public health and environmental risks; Article 25 of the Act of 11 October 2003 applies to conflicts of interest; and Article L 1132-3-3 of the Labour Code applies to tax fraud and serious economic and financial crime …
6. Reporting [page 44]
… Under European Directive 2014/95/EU, human rights will become one of the pillars of CSR. This position will be reflected in French reporting requirements when the directive is transposed into national law. It should be noted that human rights reporting is already a requirement under the regulatory provisions of the Commercial Code. Decree 2012-557 of 24 April 2012 on the social and environmental transparency obligations of businesses places human rights on an equal footing with other issues.
III. Access to Remedy
Introduction [page 46]
In its 2013 opinion, the CNCDH made the following recommendations:
The CNCDH recommends that consideration be given to the possibility of extending the exception to the principle of legal independence of companies, which is currently limited to environmental issues, to the field of human rights.
Drawing inspiration from the duty to protect and remedy in the environmental sphere, the CNCDH recommends that a duty of vigilance on the part of the parent company with regards to its subsidiaries be legally imposed with the aim of preventing any violations of human rights that might occur over the course of its activities.
…
1. Judicial Mechanisms – At the National Level
1.4. Proceedings
The jurisdiction of French courts to hear criminal matters [page 49]
… French legislation is strict in combating human rights violations by legal entities. Under French law, it is a criminal offence for companies to engage in activities that breach people’s rights (violations of human dignity, working conditions that violate human dignity, forced labour), equality laws (gender discrimination, anti-union discrimination, denying the freedom to work, corruption), environmental laws (pollution), or social, health and safety laws (hindering organizations representing employees, concealed work, involuntary injuries or death due to workplace accidents) …
Collective Actions [page 51]
In its opinion dated 24 October 2013, the CNCDH recommended “extending collective action, to matters relating to the environment and health in particular. It is also essential that any French or foreign individual or legal entity residing in France or abroad be able to get involved in any collective action initiated against a French company.”…
… Given the different fields of application mentioned in the bill, collective actions will become a tool allowing plaintiffs to stop or remedy discrimination in the labour field and elsewhere, including with respect to the provision of services, accommodation, transport, etc. Collective actions will also be possible in the environmental, health, and personal data protection fields.
2. Non-Judicial Mechanisms – At the International Level
2.1 The OECD National Contact Point (NCP) [page 54]
… NCPs are set up to promote and monitor compliance with the OECD Guidelines for Multinational Enterprises. They are non-judicial dispute resolution bodies that support remedial measures by offering their good offices and, where possible, giving parties access to mediation. Successful remedial measures rely on an environment of trust being established between the parties and constructive dialogue being initiated between the parties and the NCP, to improve compliance with OECD recommendations.
France’s NCP is tripartite, involving government, trade union and business representatives. This structure was praised by OECD Watch in its report “Remedy Remains Rare” (June 2015). Since the French NCP was created, the State’s involvement has enabled it to adopt a balanced multi-sectorial and inter-ministerial model that is relatively unique among its peers. Its members include representatives of the Ministry of the Economy and Finance, the Ministry of the Environment, the Ministry of Social Affairs, Labour and Employment, and the Ministry of Foreign Affairs and International Development. Another unique feature of the French NCP is its broad representation of labour groups, with six national trade unions featuring among its members. The employers’ organization MEDEF represents French businesses. The French NCP’s decisions are all consensual …
Objective 25.11.1: Define conception for elaborating promotive mechanism regarding environment protection in business sector and strengthening women.
Objective indicator: Presentation of research results.
Activity: Searching finest practice in business sector, in terms of environment protection and strengthening women economically and conducting respective research.
Responsible agency: Human Rights Secretariat of the Administration of the Government.
No partnership agency.
Objective 25.23.1: Ensure awareness rising about UN main principles concerning business and human rights.
Objective indicator: Number of conducted trainings.
Activity: Ensuring that trainings are conducted on the principles of strengthening women and environment protection issues.
Responsible agency: Human Rights Secretariat of the Administration of the Government.
Partnership agency: Inter-agency Commission working on the issues of Gender Equality, Violence against Women and Domestic Violence.
…Environmental, social and human rights standards should firmly underpin free-trade agreements, which should be accompanied by impact-assessment and monitoring mechanisms.
The Current situation
Germany supports the EU practice of agreeing on provisions designed to safeguard human rights in framework agreements with trading partners and using sustainability chapters in all new free-trade agreements to enshrine …environmental standards. Germany is committed to the negotiation of comprehensive binding standards for inclusion in these sustainability chapters. The EU ‘Trade for All’ strategy which was presented in the autumn of 2015 also emphasises that commercial policy should advance sustainable development and human rights throughout the world.
2. Challenges in corporate practice
2.1 Ensuring the protection of human rights in supply and value chains
The current situation [page 28]
Host countries are assisted by means of capacity-building measures in introducing and upholding environmental and social standards. The Federal Government has long been supporting multi-stakeholder initiatives that have been launched in various sectors for the purpose of devising strategies and monitoring procedures.
These include, for example, the Sustainable Cocoa Forum, founded jointly by the Federal Ministry of Food and Agriculture, the Federal Ministry for Economic Cooperation and Development, the business community and civil society. In the Forum, the Federal Government, together with representatives of civil society, the confectionery industry and the food trade and in cooperation with partner countries, presses … sustainable cocoa farming.
The Partnership for Sustainable Textiles, which was initiated by the Federal Ministry for Economic Cooperation and Development, has established an obligation to comply with sustainability standards and to guarantee corporate due diligence in the textile and clothing sector. All members of the Partnership are required to pursue its social and environmental objectives. They submit to a review process, which is conducted by an independent third party and is designed to bring about continuous improvement.
Measures
The Federal Government will support the systematic inclusion of sustainability chapters in free-trade agreements, which will prescribe, among other things, compliance with the ILO Core Labour Standards. Through its development cooperation programme, Germany supports the application of sustainability standards in host countries, for example through the regional project entitled “Social and labour standards in the textile and garment sector in Asia”, which covers three countries – Bangladesh, Cambodia and Pakistan.
3. Available means of practical implementation support
Measures
Information services and best practices [page 35]
The Federal Government CSR Award recognises exemplary enterprises for their contributions to sustainability. It also promotes a learning process, since each enterprise is scored on the basis of its individual contribution to sustainability.
Section 2. Current legislative and regulatory framework
Environment [page 14]
The government prioritises the right of citizens to enjoy a safe environment and the responsibility of businesses to comply with environmental protection legislation. Ireland has transposed key EU Directives, such as EU Directive 2004/35/EC, which deals with environmental liability with regard to the prevention and remedying of environmental damage. Consistent with the government’s priority of ensuring inclusive and open participation in policy making, Ireland has also ratified the Aarhus Convention, which is designed to promote the involvement of citizens in environmental matters and improve enforcement of environmental law.
Annex 1 – list of additional and ongoing actions to be carried out across government
Trade and Investment [page 21]
Encourage Irish companies operating abroad to adopt good practice with regards to consultation with human rights defenders and civil society in local communities, particularly on environmental and labour conditions.
“The second Italian NAP-BHR intends to strengthen the application of the UNGPs through a series of complementary measures, referring in particular to the following guidelines:
– addressing issues and practices related to the protection of the environment, health, decent work and ‘Human Rights Defenders’, also in the face of the new challenges posed by the gig economy and in the context of the National Recovery and Resilience Plan (NRRP), in correlation with the challenges of multi-dimensional post-Covid-19 reconstruction” (p. 7)
II. Premises
a) Introduction
“The evolutionary reading of BHR issues has taken on an innovative connotation also in the European context: the Commission has proposed a series of important legislative initiatives on aspects such as sustainable corporate governance and related reporting methods, development cooperation, trade dynamics, sustainable finance, labour and environmental dimensions, analysis of the impact of business activities in environmental, social and governance terms, with a view to achieving the SDGs and implementing the multi-actor and multi-dimensional commitments introduced in the 2030 Agenda.” (p. 9)
b) Italy and the United Nations Guiding Principles on Business and Human Rights (UNGPs)
“The NAP addresses the issue of the negative impact of business activities on human rights and identifies specific commitments with the aim of effectively integrating the UNGPs into the national system and business activities” and introduces limited objectives and actions, with reference to the national context translated into the following priorities:
6. The promotion of environmental protection and sustainability.”
c) National Priorities
“The promotion of protection of the ecosystem and environmental sustainability processes, taking into consideration the impact of business companies’ actions on peoples and communities in the medium and long term.”
III. Expectations towards business companies
“The renewed and dynamic entrepreneurial approach is based on corporate governance structures to overcoming short-term financial advantages for environmental, social and human sustainability in the medium and long term in the context of the European Union’s initiatives on the circular economy, biodiversity and sustainable financial growth.” (p. 12)
IV. Italian ongoing activities and future commitments
a) Foundational Principles
“pursue an organizational and reform process in the decontamination sector, acting on both administrative and operational functions in collaboration with regional bodies, to renew and make the system more efficient, combating environmental damage” (p. 15)
Irregular work and the agricultural sector
“Promoting a system of farms that is economically, socially and environmentally sustainable is essential to ensure product quality and decent working conditions, as well as to enhance the economic potential of companies and promote growth and welfare in different territories.” (p. 20)
Environment
“Circular Economy; National Waste Management Programme; National Waste Production Prevention Programme
Italy, with regard to the Initiative undertaken in December 2019 by the new EU Commission for a Green Deal that aims by 2050 to a climate-neutral Europe, has established a fund for public investment (€ 4.24 billion for years from 2020 to 2023). It is intended to support innovative investment projects and programmes with a high level of environmental sustainability, which will be used to support investments in relation to circular economy, as well as in de-carbonisation, urban regeneration, sustainable tourism, adaptation and mitigation of risks from climate change. In this perspective, the redefinition of the ‘Industry 4.0 Plan’ is also fundamental, with greater attention to environmental sustainability for encouraging green investments by companies in circular economy. In the same perspective, further fiscal measures have been foreseen, including incentives for packaging reuse and recycling , purchase of products, through efficiency of production processes and greater awareness, responsibility and collaboration by consumers both in purchase, use and conservation of products. The European regulatory package on circular economy, already implemented by Italy by four separate legislative decrees, establishes a concrete action programme based on an economic model based on production activities and consumption into the cycle to reduce environmental. The circular approach redefines efficient management of inputs and outputs, towards the definition of closed and regenerative cycles with an impact on economic, natural and social capital. In the context of the European Action Plan for the Circular Economy, the Government, through dialogue with local authorities and constant consultation of public and private operators and trade associations – intends to develop technical and administrative tools to ensure the support and development of coherent supply chains according to an approach of economic circularity. The Ministry for Ecological Transition is in charge for monitoring implementation of legislative decrees enforcing the ‘Circular Economy Package’ and preparation of corrective decrees; National Action Plan for the environmental sustainability of consumption in the Public Administration will be defined to maximize green public procurement; further tools for the development of ‘circular’ supply chains will be completed, through the adoption of Minimum Environmental Criteria for new production sectors; decrees concerning waste management will be drafted; the National Waste Prevention Programme will be updated; the waste traceability register will be implemented. In the area of waste, the essential core of a circular economy, important measures have already been adopted and others are planned, according to a precise timetable already outlined.
On September 23, 2020, Legislative Decree No. 116, implementing Directive (EU) 2018/851, included in the so-called “circular economy package”, came into force. This Decree introduced, among other things, Art. 198-bis of the Environmental Code, which provides for the adoption of the “National Programme for Waste Management”: in this framework the Ministry for Ecological Transition, in collaboration with ISPRA, will set macro-objectives, criteria and strategic guidelines to be endorsed by Regions and Autonomous Provinces in the preparation of the Regional Waste Management Plans. The Programme intends to pursue, also with the involvement of stakeholders, a greater synergy in the country to address the lack of plants and a remedy to the so-called NIMBY syndrome (“not in my backyard”) that often represents a brake on the achievement of circular economy targets.
Another tool, in transposition of EU Directives 851/2018 and 852/2018, is the National Waste Production Prevention Programme (PNPR), provided by Art. 180 of the Environment Code and demanding from Regions – according to Art. 199, paragraph 3, lett. R) – the adoption of Waste Production Prevention Programmes (PRPRs). Finally, in implementation of the EU Directives for the establishment of a national register as a key tool for circular economy, the aforementioned Ministry has started preliminary experimentation, creating a prototype of the National Waste e-Register for waste 36 traceability, to check its functionality and usability and in particular the interoperability with the management systems currently used by companies. In 2021 R.E.N.T.R.I. webpage was published (www.rentri.it), providing for a proper section reserved for the Experimental Laboratory for Functional Prototyping. Since then companies were able to test it. The R.E.N.T.R.I. timetable foresees user accreditation, validation of the authorization through application access to information systems, contextual registers with interoperability on the REN to communicate data on movements noted in the register to the REN.
Sustainable Development (National Strategy on Sustainable Development – SNSvS; environmental management systems and certifications; “Made Green in Italy”; Minimum Environmental Criteria – CAM; climate change – PNRR)
Within environmental management systems for companies, the recognition of the Ecolabel and related adhesion to eco-management and audit (EMAS) is particularly important. The Italian national competent body for applying community schemes is the Committee for the Ecolabel and Ecoaudit, established in 1995 and currently composed of representatives of the Ministries for Ecological Transition, Economic Development, Health and Economy and Finance, with the technical support of ISPRA. Since 2018 the regulation for the promotion of products with high environmental qualification certified by the “Made Green in Italy” (MGI) logo is in force: it is aimed at promoting sustainable models of production and consumption, according to the EU PEF (Product Environmental Footprint) methodology for the determination of environmental footprint of products as defined in EU Commission Recommendation 2013/179/EU. The purpose of the MGI scheme is to direct the initiatives of the Italian production system towards use of environmental footprint as a lever for the improvement and enhancement of Made in Italy products with good environmental performance (guaranteed by a scientifically reliable system). It aims to facilitate the identification of products by consumers so as to encourage more conscious choices. It combines environmental sustainability performance of products, throughout their value chain, with Made in Italy, linked to excellent national production system. It is an institutional certification based on the European PEF methodology, implemented through additional sustainability requirements and more ambitious national environmental quality requirements. In addition, it is the only certification that integrates requirements that ask companies to communicate environmental footprint of products to consumers (ISO14025 type 3 labels), with requirements that allow access to the scheme only for excellent products, better than the average (ISO 14024 type 1 labels). Considerable opportunities are therefore provided for national producers who intend to make use of this new tool, which straddles the line between environmental policy and corporate marketing. In fact, many sectors have expressed interest in the scheme and are hoping for a new call for CPRs. Adherence to the scheme involves two steps: the first concerns the drafting of Product Category Rules-RCP (technical documents containing methodological indications for calculating environmental footprint of a given product category) and the second involves actual adherence to the scheme. Companies conclude the process by receiving a certification by a third party so that they could communicate final results and ensure maximum transparency of the entire process. The “Made Green in Italy” scheme attributes the logo to be attached to products with high environmental qualification and a detailed declaration available through a QR code that provides clear, uniform, complete and transparent information to consumers. With regard to forthcoming measures, calls for CPRs will be launched periodically as well as calls to support companies wishing to join the MGI scheme. The Manual for the Use of the MGI Logo according to the Made Green in Italy Regulation and 12 new CPRs have been published in June 2021 for the following sectors/products: Agri-Food Sector: Grana Padano, Provolone Tutela Valpadana, Vinegar, Dry pasta, Fresh pork meat, Fresh beef meat. Industrial sector: Laundry-Industrial laundry services, Carded wool-textile, Wooden packaging manufacture, Steel, Geotextiles and related products, Raw tobacco. Another relevant policy is the Environmental Footprint Assessment Programme, launched by the Ministry for Ecological Transition in 2010 to measure and improve environmental performance of private and public sectors. It provides for products (goods and services) and organizational certification, and in its experimental phase, among environmental indicators, it has favoured the analysis of the carbon footprint. Indeed it is an environmental driver, closely linked to climate change, and has an added value for the competitiveness of Italian businesses on international markets. Companies that join the programme, after signing a Voluntary Agreement with the Ministry for Ecological Transition, receive a certification by a third party in order to be able to communicate final results in accordance with the communication guidelines of the Programme and guarantee maximum transparency of the whole process. The programme remains operational until the full implementation of the scheme for all production sectors.
In relation to environmental sustainability in the Public Administration, a first step in this direction was the “Guide for the integration of social aspects in public procurement”, adopted by the aforementioned Ministry by Ministerial Decree of June 6, 2012, as part of the National Action Plan on Green Public Procurement (PANGPP), i.e. through socially responsible public procurement, public authorities can not only promote employment opportunities, decent work and social inclusion, but also aim for more extensive compliance with social standards. The Guide aims to provide operational guidance on how to take social aspects into account in the definition of public tenders relating to supply, service and works contracts. It considers experiences of integrating social criteria in public procurement developed by different EU countries. The implementation of Green Public Procurement has also the purpose to develop circular supply chains, through the adoption of Minimum Environmental Criteria (CAM) for an increasing number of production sectors. CAM are currently in place for 18 categories of supplies and procurements. CAMs relating to the following areas are currently being defined or reviewed: – Supply of new interior furniture, rental service for interior furniture, repair service for furniture in use, end-of-life management service for used furniture (review) – Design and construction services for building interventions (review) – Beverage and food sales services (in-house bars and vending machines) (new) – Design and works services for new road construction and maintenance (new) – Supply of road transport vehicles (review) – Public transport service (new) – Street furniture (review) – PC and server (review) – Cultural events and movie-tv productions (new). CAM concerning the following areas, to be adopted in 2022 are: – Energy services for buildings (review); – Shoes (review).
In addition, Legislative Decree No. 50 of 19 April 2016 in transposing EU Directives 23, 24 and 25/2014, outlines a regulatory framework for social and environmental responsibility in the management of public procurement, including the possibility of introducing criteria relating also to human rights within the contract life cycle (definition of the subject of the contract, criteria for selection of candidates, technical specifications, award criteria and contract performance clauses). The EU Commission has recently published a second edition of the guide for socially sustainable procurement (“Buying Social – A guide to taking account of social considerations in public procurement” – Second edition (2021/C 237/01)), referred to in the previous NAP BHR. It has provided indications to identify a set of clauses that will be included by ANAC in the Standard Notice for e-procurement. The inclusion of such clauses in the Standard Notice for contracts carried out through eprocurement platforms is a fundamental measure for their adoption by national contracting stations. The obligation to adopt electronic tools for tender procedures is in force since 2018. Moreover a strategic line to improve public procurement involves the professionalization of operators and the progressive centralization of purchases, thus facilitating the proper inclusion of social and ecological elements in procurement since the planning stage. To this scope a full life-cycle monitoring through the National Database of Public Contracts, managed by ANAC, will be facilitated by the adoption of the new models covered by Regulation (EU) 1780 of 2019, which will be fully operational in October 2023. In collaboration with other administrations concerned for adoption of models and adaptation to national requirements, ANAC will give right emphasis identification processes over social and environmental sustainability clauses in calls for tenders and compliance with them throughout the life cycle of the contract: this approach has already been used at European level to introduce new standard f for data collection and publication on contracts in order to monitor the achievement of the objectives set out in Directive (EU) 2019/1161 of 20 June 2019, on the promotion of clean and energy-efficient road transport vehicles.
As per the linkage between human rights and climate change, Italy deploys its action within a framework established and agreed at international and European level. In this context milestones are the Kyoto Protocol (1997), the Doha Amendment (2012) and the Paris Agreement (2015). In particular, the latter set the long-term goal to contain increase in global average temperature well below 2° Celtius and pursue efforts to limit increase to 1.5°C compared to pre-industrial levels. In this perspective, the Parties that signed the agreement communicated their “Nationally Determined Contribution” (NDC) with the obligation to pursue measures for its implementation. As part of this international de-carbonisation process, the EU has set its own targets to be achieved by 2020, 2030 and 2050. For 2020, the EU has adopted the so-called “ClimateEnergy Package 2020”, a set of legislative measures aimed at implementing the following objectives: reduction of greenhouse gas emissions by 20% compared to 1990 levels; reduction of energy consumption by 20% compared to the trend value (business as usual); production of energy from renewable sources equal to 20% of final energy consumption. In the second step of this process, the EU Council first set a 2030 target of a 40% reduction at European level compared to 1990, while raising the bar for efficiency to 32.5% and for renewables sources to 32%. However, following up on the Commission’s Communication on the European Green Deal of December 2019, the EU further changed the target for net domestic reduction of greenhouse gas emissions from -40% to -55% by- 2030 compared to 1990 levels. Finally, looking at the longer term, again following the Communication on the Green Deal, in pursuit of the aims of the Paris Agreement, it has committed to zero “net” greenhouse gas emissions by 2050 to give effect to the ambitious target as first continent with zero emissions. With regard to Italy and taking into consideration the goals set for 2030, the adequacy of the effort to be put in place for de-carbonisation can only be assessed starting within the framework of the current Integrated National Energy and Climate Plan. This is a planning tool provided for by Regulation (EU) 2018/1999 on the EU Energy Governance adopted after assessment by all stakeholders, both institutional and private, and which represents the country’s commitment and contribution for the implementation of the so-called “Climate and Energy Package”. Starting from the measures currently in force, the additional policies necessary to achieve the ‘medium-term’ targets are outlined. An important accelerating factor for the strengthening and implementation of the measures identified in the PNIEC is the new National Recovery and Resilience Plan (PNRR), which gives the ecological transition a driving role in the relaunch of the country’s system. It assigns an important share of resources also for investments in sustainable mobility, renewable sources and energy efficiency, with a proper reference in mission n. 2 of the PNRR – “Green revolution and ecological transition”. Further expanding the horizon to 2050, Italy has outlined its engagement path towards “climate neutrality” with a National Long-Term Strategy (LTS), also provided for in the aforementioned EU Energy Governance Regulation (EU) 2018/1999 (https://www.minambiente.it/sites/default/files/lts January 2021.pdf). The Strategy incorporates virtuous energy-environmental trends triggered by the PNIEC from now until 2030 and identifies key levers to bring the Country to “zero net emissions.” It consists mainly of energy savings, mix of energy sources and new technologies to be developed in the short to medium term. Being the PNIEC integrated in the PNRR, the transition from traditional fuels to renewable sources should be accelerated abandoning coal in favour of an increasingly renewablebased electricity mix with a residual and complementary rate of natural gas (and an increasing contribution of renewable gases: biomethane, hydrogen and synthetic methane). In the long-term perspective to 2050, natural gas can be limited to marginal industrial uses (with CO2 capture), while considering their impact in terms of supply for the entire national energy system. In order to carry out strategies and projects drawn up, corrective measures are also being studied to be applied, especially in relation to the PNRR, with the aim of solving conflicts and disputes in advance and, consequently, speeding up administrative action. This will be possible by giving as much space as possible to public consultations, in accordance with principles of impartiality, inclusion, transparency, timeliness and feedback on decisional processes.
Biodiversity
To be healthy and resilient, a society must give nature the space it needs. The protection of biodiversity, “environmental debt” being towards future generations, also has unavoidable economic purposes which are useful to make the link between environment – human rights – business more evident and indissoluble. At the Environment G20 in Naples in 2021, our country prioritised a number of issues with direct implications for biodiversity and nature protection, ecosystem restoration and natural capital. Genes, species and ecosystem services are essential inputs for business and biodiversity conservation can bring direct economic benefits to many economic sectors: conservation of marine stocks could increase the annual profits of seafood industry while investments in natural capital, for example in restoring carbon-rich habitats and climate-friendly agriculture, are considered among the top five most important policies for fiscal consolidation as they offer high economic multipliers as well as positive climate impacts. In this perspective, the Ministry for Ecological Transition is committed to the definition of the National Biodiversity Strategy 2030, to be in line with the objectives already identified at EU level in the framework of the EU Biodiversity Strategy 2030 (including: ensuring that at least 30% of species and habitats whose current conservation status is unsatisfactory become so or show a clear positive trend; legally protecting at least 30% of the EU lands and 30% of EU seas, strictly protecting 10% of EU land and 10% of EU seas) and in related implementing measures and programmes. In coordination with the EU and its Member States, the Ministry is overseeing the negotiation of the Post-2020 Global Biodiversity Framework of the Convention on Biological Diversity to be decided in May 2022 in Kunming, China. The Global Framework aims to encourage the use of nature-based solutions and promote ecosystem restoration, but also to ensure, through the adoption of whole-of-government and whole-of-society approaches, that such comprehensive biodiversity action is effectively implemented and benefits people and communities. Moreover, with Italy’s contribution of almost USD 4 million, in 2021 UNESCO launched the “International Environmental Experts Network – UNESCO Network for Earth” Programme: it is the first global network of qualified environmental experts in favour of parks and territories of the highest natural value recognised by UNESCO on every continent: World Natural Heritage sites, Biosphere Reserves, Geoparks, Intangible Heritage communities. In the two-year period 2022-2023 the implementation phase of the UNESCO Network will continue, followed by Italy and launched at the G20 to the attention of major economies of the planet: it offers a capacity-building tool to support local communities and young people with specialized support in the areas of conservation and protection of ecosystems and biodiversity, prevention, mitigation and adaptation to climate change, training, education and environmental dissemination.” (pp. 34-40)
Public Procurement
“In order to make the sharing of data and information understandable and systematic, Consip published its second Sustainability Report, with the aim of describing its mandate and contribution to the national public procurement system. In order to ensure a clear and complete accounting of its actions, the Report was drafted according to GRI standards. It describes Consip’s operations and performance in terms of environmental, economic and social sustainability, noting how this approach has contributed to the achievement of some SDGs.” (p. 49)
Internationalization of Companies
“Attention to human resources and compliance with local regulations on worker safety are relevant and qualifying elements in the evaluation of Profit Initiatives in order to ensure respect for workers’ rights, environmental and health standards and human rights. In the Call for Proposals, it is explicitly provided that the implementation of the interventions must take place in compliance with the principles and aims of Law No. 125/2014, international standards on human rights, decent work, social responsibility and environmental protection, as well as the rules on public contracts and, in particular, the Public Contracts Code.” (p. 55)
ANNEX 1 – Accountability Grid and Assessment Tools for the Implementation of the NAP
“2. Update the implementation assessment information of Legislative Decree No. 231/2001 in order to evaluate its extension in terms of objectives and application of the administrative liability of legal persons, and to pursue the following objectives in this area:
– the promotion of a culture of sustainability in its dimensions (economic-social-environmental), through the careful and accompanied reuse of the confiscated business assets” (p. 61)
“17. With regard to key actions to be implemented in the context of environmental policies, the following ones are provided: – encourage the reduction of single-use plastic consumption towards systems based on the use of reusable products; – encourage repair, sharing and exchange of used goods; – encourage the development, emergence and consolidation of business models based on the ‘Product as a Service’ (Paas) model, so as to promote the design, manufacture and use of products that are resource-efficient, durable, decomposable, repairable, reusable and upgradeable, as well as the use of materials obtained from waste; – reduce waste, including through the recovery for social purposes of products (food and non-food) in surplus on the market or with characteristics unsuitable to be placed on the market; – strengthen the role of prevention and reuse within extended producer responsibility schemes, in particular by establishing a regulatory framework that allows a share of resources to be used to support waste reduction initiatives and to encourage prevention or production decrease; – promote cultural transformation by training, communicating and raising awareness on change needed and tools available.” (p. 63)
“18. In collaboration with other Ministries composing the Interministerial Committee for the Ecological Transition (CITE) and, in particular, with the Ministry of the Economy and Finance and with the DIPE/CIPESS (for SACE guarantees), to the following measures will be promoted: ● the alignment of sustainability indicators within the “Voluntary environmental certification system for sustainable finance” (Art. 1, paragraphs 743, 744 and 745, of Law No. 178/2020) in relation to Regulation (EU) 2020/852; ● the assessment of criteria for the issue of guarantees by SACE S.p.a. in favour of green investments and provision of a quota of resources to be allocated to support projects to be launched within Environmental Economic Zones (ZEA) with an update commitment yearly due on 28 February.” (p. 63)
“19. Among the measures identified in the 2021 programme and in the 2020-2022 multi-year programme, to be adopted to remove obstacles to full effectiveness of environmental certification and management systems within the activities of the Sections of the competent Committee, more directly the Ecolabel Section, engaged in the process started at European level on the issue of “sustainable finance” (COM 2018/97 “Action Plan to finance sustainable growth”), with the participation of central Administrations (Ministry of Economy and Finance, Ministry of Economic Development, Ministry of Health and ISPRA), the following measures are promoted: – allocation of resources for the implementation of interventions to develop EU Ecolabel and EMAS schemes; – realization of information events, addressed to potential users and stakeholders (companies, consumer associations, public administration, etc.); – realization of meetings with local actors in order to make users aware of added value of certifications; – involvement of public administration, both at local and central level, in order to identify specific training, information and regulatory tools to encourage the dissemination of EU Ecolabel and EMAS systems; – commitment, through collaboration with competent ministries, to enhance the use of the two certification systems within the initiatives over Circular Economy and the New Green Deal.” (p. 64)
“20. In line with the EU Commission’s forthcoming guidelines on biodiversity, the following measures are to be taken: ● coverage over seabed and possible action on how to reconcile biodiversity targets in marine environments, including regulating bycatches of endangered species to be properly recovered; ● intensified collection of by-catch data on all sensitive species; ● fisheries management measures for all marine protected areas in accordance with clearly defined conservation objectives using the best available scientific advice; ● on land consumption, urban regeneration and redevelopment of heritage, promote an efficient use of buildings for significantly reduced emissions, as well as enhanced protection of green areas: – urban forestry; -digitalization of parks; – implementation of an advanced and integrated system for monitoring and preventing hydrogeological instability; ● on water, as envisaged by the PNRR, guarantee of sustainable management of water resources: this goal should be pursued through the development of primary water infrastructures, interventions for distribution networks and irrigation, sewage and purification systems.” (p. 64)
“46. Strengthen support, at international and European level, for the promotion and inclusion of social and environmental sustainability clauses in international and trade and investment treaties.” (p. 68)
Chapter 1. Towards the Formulation of the National Action Plan (NAP) (Background and Working Process)
3. Objectives to be Achieved through the Launch and Implementation of the NAP
（1） …It is noted that for the purpose of this NAP, “human rights” should include consideration of the impact of environmental degradation and respect for human rights in supply chains. (…) where Japanese business enterprises implementing such measures are fairly evaluated.
Chapter 2. Action Plan
1. Fundamental principles of the NAP
(5) Remedial procedures (judicial and non-judicial remedies) have been established to address human rights violations in business activities. The Government intends to continue to assure access to judicial remedies and make improvements where necessary. It also utilizes multiple efforts regarding non-judicial remedies, including consulting services based on specific laws and regulations (e.g., workers, persons with disabilities, and consumers) as well as remedial procedures. These include the Japan Bank for International Cooperation (JBIC) Guidelines for Confirmation of Environmental and Social Considerations, the Japan International Cooperation Agency (JICA) Guidelines for Environmental and Social Considerations, the Nippon Export and Investment Insurance (NEXI) Guidelines on Environmental and Social Considerations in Trade Insurance, and the Japanese National Contact Point (NCP) under the OECD Guidelines for Multinational Enterprises (the Japanese NCP). The Government intends to secure access to these nonjudicial remedies and make improvements where necessary.
2. Areas of the NAP
(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights
A. Public Procurement
(Existing framework/Measures taken）
In particular, the Government has promoted enhanced awareness by companies for respecting human rights and the environment in accordance with the Act on Promotion of Procurement of Goods and Services from Disability Employment Facilities by the State and Other Entities (Act No. 50 of 2012, hereinafter referred to as the “Act on Priority Procurement Promotion for Persons with Disabilities”), … and the Act on Promotion of Procurement of Eco-Friendly Goods and Services by the State and Other Entities (Act No. 100 of 2000, hereinafter referred to as the “Act on Promoting Green Procurement”).
B. Development Cooperation and Development Finance
(Existing Framework/Measures taken)
(…)
JICA (Japan International Cooperation Agency), JBIC (Japan Bank for International Cooperation) and NEXI (Nippon Export and Investment Insurance) have introduced guidelines for environmental and social considerations. Along with them, necessary information disclosure procedures and related grievance procedures have been introduced to consider the impact of projects on human rights, the environment, and society. (…)
The JBIC Guidelines for Confirmation of Environmental and Social Considerations examine not only the impact of JBIC projects on human health, safety, and the natural environment but also social concerns, including respect for human rights as environmental and social considerations required for the projects. JBIC has been encouraging borrowers and related parties to take into account environmental and social considerations through loan agreements as necessary.
(Future measures planned)
Implement effective measures regarding environmental and social consideration in the fields of development cooperation and development financing
JICA (Japan International Cooperation Agency) has established the Guidelines for Environmental and Social Considerations. It intends to continue to respect internationally recognized human rights and environmental and social considerations when engaging in development cooperation projects. This is to be done by not only complying with the laws, regulations and standards of the recipient countries but also confirming that they do not differ significantly with the World Bank’s Environmental and Social Safeguard Policies and other initiatives. In particular, JICA (Japan International Cooperation Agency) intends to engage in considerable discussions with stakeholders such as local communities after disclosing information to ensure that an agreement can be reached on the projects through methods that are socially appropriate. When doing so, it will continue to pay attention to ensuring that due consideration is given for the socially vulnerable. [Ministry of Foreign Affairs]
JBIC (Japan Bank for International Cooperation) has established the Guidelines for Confirmation of Environmental and Social Considerations on the basis of, among others, following discussions:
– discussions within the international frameworks on environmental and social considerations and human rights; and
– discussions at the OECD, such as the Recommendation of the Council on Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence, which requires consistency between public export credit policies and environmental conservation policies. [Ministry of Finance]
The review of the aforementioned JBIC (Japan Bank for International Cooperation) Guidelines is conducted by taking the progress of the above discussions into consideration and seeking opinions from the Japanese government and the governments of developing countries, Japanese companies, experts, and NGOs, while maintaining transparency in the process. [Ministry of Finance]
In light of the clear inclusion of respect for human rights in the scope of environmental and social considerations in the revised version of the Guidelines on Environmental and Social Considerations in Trade Insurance in 2015, NEXI (Nippon Export and Investment Insurance) continuously endeavors to confirm appropriate environmental and social considerations in accordance with the Guidelines and review the Guidelines where necessary. [Ministry of Economy, Trade and Industry]
C. Promotion and Expansion of the Business and Human Rights Agenda in the International Community
(Existing framework/Measures taken）
In the areas directly related to business activities, the Government has incorporated clauses concerning social issues, including labour and the environment in some of the EPAs and investment treaties that Japan has signed or ratified in a manner consistent with trade rules such as those of the World Trade Organization (WTO), and promoted shared understanding between signatories on values to be respected, such as securing appropriate labour standards and conditions and protection of the environment. For example, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP11 Agreement) includes an independent Labour Chapter and Environment Chapter as well as provisions on women’s participation, and the Japan-EU Economic Partnership Agreement (EPA) includes a Trade and Sustainable Development Chapter. On top of this, the Japan-EU EPA also stipulates that the parties shall convene joint dialogue with civil society, establishing that civil society shall play a certain role through exchange of opinions on themes such as trade and sustainable development, the environment, and labour.
(3) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Existing framework/Measures taken）
Japan’s Stewardship Code and Corporate Governance Code refer to grasping the status of investee companies and corporate information disclosure to promote sustainability initiatives, including elements of ESG issues. In addition, the Stewardship Code, which was revised again in March 2020 also includes reference to consideration on sustainability when holding dialogue between institutional investors and investee companies. Furthermore, the Guidance for Collaborative Value Creation was published as a guideline for dialogue and disclosure on voluntary and proactive initiatives of companies on non-financial information, including ESG factors.
(…)
With respect to the environment, corporate initiatives are being promoted with the establishment of the Environmental Reporting Guidelines. In August 2020, the “Introductory Guide on Environmental Due Diligence along the Value Chains: Referencing the OECD Guidance” was issued as a manual, including points to note in conducting environmental due diligence in relation to risk management and value chain management stated in the Environmental Reporting Guidelines. The Guidelines state that human rights are integral to address some measures regarding environmental issues, and explains that environmental due diligence is required as part of responsible business conduct and integrated with human rights.
(Future measures planned)
(…)
(g) Promote information disclosure by business enterprises in accordance with the Environmental Reporting Guidelines
Promote understanding of environmental due diligence and information disclosure by publicizing the Introductory Guide on Environmental Due Diligence issued in August 2020. [Ministry of the Environment]
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
(Existing framework/Measures taken）
(…)
Non-judicial remedies such as the following have been established: consulting services based on individual legislation (e.g., workers, persons with disabilities, consumers); remedial procedures such as Objection Procedures Based on JBIC Guidelines for Confirmation of Environmental and Social Considerations, JICA Objection Procedures Based on Guidelines for Environmental and Social Considerations, and NEXI Objection Procedures on Guidelines on Environmental and Social Considerations in Trade Insurance; …
(Future measures planned)
(…)
(h) Continue the provision of grievance redress services in development cooperation and development financing
To ensure compliance with the Guidelines for Environmental and Social Considerations, JICA (Japan International Cooperation Agency) has established and continues to provide a system where affected residents can file objections to non-compliance with the guidelines. In case an objection is filed, Examiners for the Guidelines, who are independent of departments responsible for specific projects, will investigate the facts concerning compliance/non-compliance, encourage dialogues between the parties concerned for resolution of disputes, report the results directly to the President of JICA, and disclose the result on JICA’s website. [Ministry of Foreign Affairs]
To ensure compliance with the Guidelines for Confirmation of Environmental and Social Considerations, JBIC (Japan Bank for International Cooperation) has established and continues to provide a procedure for raising objections to non-compliance with the guidelines. The request to raise objections can be submitted by the country’s residents to be affected by the project, and an Examiner for Environmental Guidelines as an organ independent of departments responsible for lending or investment operations will make a determination, with the result to be disclosed publicly. [Ministry of Finance]
CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS
2.2 Kenya’s Experience with Business and Human Rights [Pages 5-6]
Key business and human rights concerns in Kenya revolve around workplace rights, local communities and business relations, human rights and sustainable land use, human rights and sustainable environment and human rights and small- and medium- sized enterprises.
Pollution is a key environmental challenge in Kenya. It gravely affects the quality of air, land and water. Air pollution from industrial and domestic sources is a leading cause of respiratory diseases such as chronic obstructive pulmonary disease, lung cancer, pulmonary heart disease, and bronchitis thereby adversely impacting the health of citizens. Increased industrial activity witnessed in the recent past, particularly in the extractive, agricultural and manufacturing sectors, have exacerbated the problem of pollution. Toxic and hazardous substances are widely used in Kenya particularly in the agricultural and industrial sectors. Most of these substances end up contaminating soils and water bodies, causing eutrophication and destroying aquatic life (such as fisheries) and biodiversity, including traditional agricultural crops and vegetation. In addition, exposure to these substances is likely to produce chronic and acute effects. Like many other countries in Africa, Kenya is vulnerable to illegal dumping of obsolete and banned toxic and hazardous substances.
2.5. Environmental Protection [Page 10-11]
There is growing global consciousness on the impact of business on the environment. The operations of businesses such as extractives, manufacturing and infrastructure could have adverse impacts on the environment leading to morbidities or mortalities unless effectively regulated. At the international level, the right to a clean environment is enshrined in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the African Charter on Human and Peoples Rights, all of which Kenya is a party to, among others. Various SDGs targets relate to the environment and are underpinned by human rights.
At the domestic level, Article 42 of the Constitution codifies the right to a clean and healthy environment. Article 69 requires the State to ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, including by eliminating processes and activities that are likely to endanger the environment. It also obligates every person, the definition of which includes businesses, to cooperate with state organs and other persons in the protection and conservation of the environment. Article 70 of the Constitution gives any person the right to seek redress in court if the right to a clean and healthy environment has been or is likely to be violated.
The Environmental Management and Coordination Act, 1999 (EMCA) revised in 2015 and the Climate Change Act, 2016 are among the key legal frameworks concerning the protection of the environment. Under the EMCA, Kenya has also adopted the use of the Environmental Impact Assessments (EIA) as a decision making tool to help improve the environmental outcomes of the management decisions. It is mandatory that certain activities that are likely to have significant impacts on the environment are evaluated and measures spelt out to mitigate identified negative impacts prior to their being approved to commence operations. The National Environment Management Authority (NEMA) is the institution responsible for the review and approval of EIAs and Environmental Management Plan (EMP) as well as for regular auditing and monitoring of the same.
The Climate Change Act, 2016 establishes the National Climate Change Council, which is mandated to provide guidelines to private entities on their climate change obligations, including their reporting requirements.
Stakeholders’ consultations during the development of this NAP identified the following concerns related to the impacts of businesses on the environment:
iv. Environmental pollution by business operations, including through discharge of effluent into waterways, air and noise pollution and poor disposal of solid waste, toxic and hazardous substances. These negative impacts compromise the rights to; a clean and healthy environment, health, reasonable standards of sanitation, clean and safe water.
v. Loss of biodiversity due to destruction and encroachment on the natural environment for commercial purposes negatively impacts livelihoods, health and access to clean and safe water for present and future generations.
2.7. Access to Remedy [Page 14-15]
One example of an avenue to access remedy is Section 3 of the Environmental Management and Co-ordination Act which provides that a person may apply to the Environment and Land Court for redress for any denial, violation, infringement of or threat to the person’s right to a clean and healthy environment on the person’s own behalf or on behalf of a group of persons or in the public interest. If the Court finds such a denial, violation, infringement or threat to have occurred, it may make any order it considers appropriate to prevent or stop any act or omission that is deleterious to the environment, compel any public officer to take measures to prevent or discontinue any act or omission deleterious to the environment, require that any on- going activity be subject to an environment audit, compel the persons responsible for environmental degradation to restore the degraded environment as far as practicable to its immediate condition prior to the damage, or provide compensation for any victim of pollution.
Despite these legal protections, the community consultations conducted as part of the NAP process revealed structural and procedural barriers to access to remedy, including:
iii. The cost of litigation is still high for significant sections of individuals and communities. In some lawsuits, for example, it may be necessary to summon experts such as environmental experts to testify on specific issues. Such expertise may be unavailable for the community or where available, may be very expensive for the community to secure;
iv. There have been instances where human rights defenders who have lodged cases against businesses, especially land and environment grievances, have reportedly faced death threats and other forms of intimidation which they hardly report to authorities. Such hostility may instil fear in others who may wish to lodge complaints, robbing communities and individuals of the protection that the law could have offered against business-related abuses;
CHAPTER THREE: POLICY ACTIONS
3.1. Pillar 1: The State Duty to Protect
Policy Actions [Page 21-22]
The Government will:
viii. Sensitise relevant sections of the public especially women and other marginalised and minority groups on –
Land laws, including resettlement and compensation frameworks;
Labour laws and the rights of migrant workers; and
Environmental laws and standards;
3.2. Pillar 2: Corporate Responsibility to Respect Human Rights
Policy Actions[Page 18]
a) Training
The Government will:
develop and disseminate guidance for businesses on their duty to respect human rights and the operationalisation of this duty in the Kenyan context, including the implications of their operations on the environment … to promote responsible labour practices and inclusivity.
3.3. Pillar 3: Access to Remedy
Policy Actions
A) State-based judicial and non-judicial remedies [Pages 20-21]
The Government will:
x. Enforce all applicable laws as well as respect internationally recognised human rights laws and standards as they relate to land access and acquisition and natural resources, environment and revenue management;
[…]
vi. Improve access to the Human Rights Division of the High Court, Employment and Labour Relations Court and the Environment and Land Court to ensure that they are accessible avenues for remedying business-related human rights abuses. The review shall include an assessment on whether the courts are expeditious and affordable;
4.1. ANNEX 1: SUMMARY OF POLICY ACTIONS
Strategic Objective
Policy Actions
Key Actors
Strategic Objective 1:
Enhance existing policy, legal, regulatory and administrative framework for ensuring respect of human rights by business through legal review and development of specific guidance for business
Sensitise relevant sections of the public on:
Land laws, including resettlement and compensation frameworks;
Labour laws and the rights of migrant workers; and
Environmental laws and standards.
Ministry of Lands& and Physical Planning, Ministry of Labour and Social Protection,
Objective 2: promoting corporate responsibility and respect in the field of business and human rights [page 5]
The Government formulates and implements public policies mindful of the principle of responsible business and corporate social responsibility (hereafter referred to as the CSR) as an essential condition for sustainable development. Therefore, in its efforts to increase economic competitiveness, the Government not only promotes the use of renewable and environment friendly technologies that are best fit to meet long-term public needs, but also the development of socially responsible and human rights-minded business.
The CSR category applies to companies that voluntarily go beyond regulatory compliance in addressing social and environmental issues in their business operations. Respect for human rights in business is one of the CSR areas.
The CSR can be seen as corporate policy and practice, where companies voluntarily integrate social, environmental and transparent business concerns in their business operations and their external relations. Together with social and public partners, companies seek innovative solutions to address systemic social, environmental and overall economic well-being problems.
To achieve this objective, the Government shall implement the following measures
A. Implemented and on-going measures for the development of CSR in Lithuania
1. National Strategy for Sustainable Development. The National Strategy for Sustainable Development attributes CSR to the general priorities of sustainable economic development. The implementation of the principle of participation of enterprises and social partners provides for closer social dialogue, stronger CSR, public and private sector partnership, as well as sustainable consumption and production.
Part II: Specific objectives of the National Action Plan 2020-2022
1. The state duty to protect human rights
(…)
1.7. Follow up on the commitment to introduce a duty of care at a European level
Context
Following the Government’s commitment in the coalition agreement that “Luxembourg will support European initiatives to strengthen the social and environmental responsibility of transnational companies in the management of their supply chains and will commit itself at European level to binding and effective legislation”, the conclusions of the baseline study, the positions expressed by different actors within the working group on the need to introduce a binding duty of care for companies, recent legislative developments in other EU Member States and initiatives at the level of the European Parliament, a follow-up of the initiatives taken by Luxembourg in favour of European legislation on duty of care will be carried out in the framework of the National Action Plan.
To this end, regular reports will be made by the Ministry to the working group on the initiatives taken in favour of a duty of care at European level and on the progress of the work.
Objectively verifiable indicators
× Benchmark: Coalition agreement
Verification sources
× Report from the MAEE (Ministry of Foreign and European Affairs)
× Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results
Regular information of the working group members, sharing of published official documents and proposal of the working group to the Ministry
Implementation timeline
Duration of NAP 2
Means of implementation
× MAEE (Ministry of Foreign and European Affairs)
The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.
National Institute for Public Health and the Environment (RIVM), commissioned by I&W, on behalf of other SPP ministries
Biennial monitor
p. 7.
ACTION POINTS PILLAR 1
Aim
Responsible party
Timeline
Protect human rights defenders
Draft a plan of action to initiate a dialogue between embassies, the Dutch business community and human rights defenders to better identify environmental, social and security risks (early warning) and to take early action on them (early action).
Work with human rights defenders to integrate protection programmes and the prevention of environmental, social and security risks into embassies’ Multiannual Country Strategies (MACS).
BZ
From 2022
p. 8.
Foreign trade and investment
ACTION POINTS PILLAR 1
Aim
Responsible party
Timeline
Foreign trade and investment
Strive to ensure that negotiations maintain the generous character of a new Generalised Scheme of Preferences (GSP) and strengthen the GSP provisions with a social, labour and climate focus.
Integrate appropriate international business and human rights frameworks into the GSP agreement.
BZ
Up to end of 2023
Strive for ambitious commitments and robust compliance with agreements on trade and human rights, working conditions and the environment during negotiations on new and existing EU trade agreements.
Integrate relevant international business and human rights frameworks into the EU’s trade policy strategy
BZ
Begin 2022 to end of negotiations
p. 11.
Pillar I
Central government procurement and private-sector instruments
Government procurement
“The government’s central procurement strategy includes the International Social Conditions (ISCs). These have applied to all EU contract award procedures since 2017 and aim to establish more sustainable international supply chains by preventing or responding to risks related to working conditions, human rights and the environment. The ISCs are one of the contractual conditions obliging contractors to apply due diligence.” p. 31.
Including ‘business and human rights’ in the Netherlands’ foreign policy
Protecting human rights defenders
“Through the Power of Voices (PoV) partnerships the Netherlands also supports human rights defenders who highlight business-related violations of labour and environment rights or who identify investments which have a negative impact on people and their environment. Local governments and civil society organisations, including representatives of indigenous people, work together as strategic partners to strengthen the rights, including land rights, of indigenous populations and enhance respect for their environment. The Netherlands aims to improve access to its protection and capacity-building programmes for human rights defenders working on violations resulting from business practices.” p. 39.
Foreign trade and investment
“The Netherlands endeavours in the EU and beyond to provide economic support to developing countries, for example through favourable trade rules. The Generalised Scheme of Preferences (GSP), for example, enables least developed countries to import goods into the EU without paying import duty. The European Commission has submitted a new proposal to replace the current GSP, which expires at the end of 2023. The Commission proposal would make some changes aimed at improving the social, labour and climate dimensions of the Scheme. The government is on the whole supportive of the European Commission’s proposals and will continue its efforts during ongoing negotiations to preserve the generous nature of the instrument. By linking the ratification and effective implementation of international agreements to tariff preferences, the GSP promotes the right to development and respect for human rights in developing countries.” p. 50.
Pillar II
Due diligence at EU level
“… The government therefore welcomed the publication on 23 February 2022 of the European Commission’s proposed Corporate Sustainable Due Diligence Directive (CSDDD). This proposal is the first step towards European legislation. It aims to encourage businesses to contribute to respect human rights and the environment in their own operations and throughout their value chains…” p. 55.
Pillar III
Improving access to judicial mechanisms
Criminal law
“Criminal law includes penal provisions for the violations of specific RBC norms such as corruption, soil pollution, human trafficking and money laundering, as well as specific penalties for infringements of environmental legislation. In all cases the company’s duty of care is relevant to determining whether criminal liability has been incurred. In the Netherlands the initiative in launching criminal proceedings lies with the Public Prosecution Service. However, the NBA concluded that there are few criminal proceedings against Dutch businesses in cross-border cases.68 The Public Prosecution Service did recently start criminal proceedings under the EU’s Timber Regulation after a Dutch company evaded enforcement under administrative law.” p. 73.
The Nigeria NAP provides a list of existing constitutional obligations, domestic legislation, internation obligations, and police and administrative steps. This breakdown only looks at the list of challenges and the implementation of the 3 pillars of the UNGPs.
8.6 CHALLENGES … “i. Lack of Adequate human rights, conflict and environmental impact assessment when land is being acquired for development or business purpose.” (p.154)
PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS ACTIONABLE ITEMS F. ENVIRONMENT “When acquiring land for development or business, government must ensure the conduct of human rights conflict and environmental impact assessment. In respect of environmental hazards and workplace safety, there will be periodic monitoring and inspection of company premises, operations and surroundings of manufacturing, construction, and extractive industries among others to ascertain their compliance with environmental standards.” (p.158)
1.1.Developing an international framework for CSR [page 13]
Promoting human rights is directly and indirectly linked with environmental protection, climate and anti-corruption efforts. For example, the right to health can be affected by hazardous substances and air, soil and water pollution. Measures to prevent deforestation and forest degradation can safeguard the climate and at the same time promote the rights of indigenous peoples and local communities.
1.3. CSR in the Norwegian business sector [page 14]
The Business for Peace Foundation promotes business practices that contribute to sustainable development.
2. The State Duty to Protect Human Rights
2.1 The State as legislator [page 18]
In 2014, a number of human rights were also enshrined in the Norwegian Constitution. The duty of business enterprises to respect human rights is set out in Norwegian legislation, for example in the Working Environment Act,… and the Environmental Information Act. In addition there are acts regulating other areas that may have consequences for human rights, such as the Nature Diversity Act, the Pollution Control Act and the Greenhouse Gas Emission Trading Act. These are intended to contribute to a stable climate and a healthy environment, and to help safeguard the right to health.
3. The Corporate responsibility to respect human rights
3.2 Responsible Business Conduct [pages 31-32]
The 13th principle clarifies what companies’ responsibility to respect human rights involves:
An enterprise may cause or contribute to adverse human rights impacts if for example …the living conditions of the local community that are directly affected by the company’s operations decline without prior explanation from or dialogue with the relevant parties, including the local authorities. Impacts on the climate and the environment resulting from the enterprise’s activities, for example through land use, exploitation of natural resources, greenhouse gas emissions or releases of hazardous substances, may also have adverse impacts on a broader range of human rights, such as minority and indigenous people’s rights or the right to life, health, food, water or adequate housing. If a company is responsible for such impacts, it is also responsible for addressing them.
CHAPTER 1: National Action Plan on Business and Human Rights
1.4. Coherence between the National Action Plan, Other Government Policies, and Pakistan’s International Commitments (Page 10)
Pakistan’s GSP+ Status, which was granted in light of and to support Pakistan’s efforts at strengthening compliance with the 27 core international conventions pertaining to human rights, labour, corruption and the environment, is contingent upon the implementation of these conventions, and will be further strengthened through the protection of human rights in business activity. The NAP provides a strong framework to support Pakistan’s commitments under schemes such as GSP+.
CHAPTER 2: Protect, Respect, Remedy Framework
Pillar I | State Duty to Protect Human Rights (page 12)
‘Pakistan’s domestic legal framework provides various guarantees and includes […] protection from environmental degradation […].’
CHAPTER 3: National Action Plan Priority Areas and Proposed Actions
3.2. NAP Priority Areas
3.2.3 | Human Rights Due Diligence
Proposed Actions
Federal (page 25)
’31. Develop policy, including a proposed regulatory model, on the requirement of human rights due diligence for the approval of large-scale projects where the business activity poses a significant risk to the rights of a community at large, and incorporate into relevant existing Rules and Guidance.
Performance indicator(s): (i) Policy development; (ii) incorporation into relevant existing Rules and Guidelines
Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 12 – Responsible Consumption and Production; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 31 designating the Ministry of Commerce; the Ministry of Human Rights; the Ministry of Industries of Production; the Provincial Industries and Production Departments as Leading Entities, and designating the Provincial Commerce Departments, the Provincial Human Rights Departments; the board of Investments; the Pakistan Environmental Protection Agency; the Ministry of Energy; the Provincial Women Development Departments as Additional Entities (page 35).
ANNEX II | Actions Already Undertaken by Pakistan
A | General Measures Relevant to Business and Human Rights (pages 72-73)
‘Section 204 (2) of the Companies Act 2017 states that directors of a company are to act in good faith in promoting the objects of a company and must ensure that their actions are in the best interest of the company, its employees, shareholders, the community, and the environment.’
‘Protection from environmental degradation is also a priority for Pakistan. Under the State Bank Guidelines for Infrastructure Project Financing, companies must draft a description of environmental impact assessments and must report on health and safety issues to provide information as to the compliance of the project with relevant laws.
The Pakistan Environmental Protection Act 1997 also provides for environmental impact assessments and initial environmental examinations to ensure the protection of the environment in carrying out business activity.’
B | Measures Relevant to NAP Priority Areas
iii. Human Rights Due Diligence (page 80)
‘The State Bank has developed guidelines which provide that as a pre-requisite companies must draft a description of environmental impact assessments and must report on health and safety issues to provide information as to the compliance of the project with relevant laws.
In the sustainability reports of businesses within Pakistan, corporate social responsibility (CSR) is a major component. This mostly covers health, safety, and environmental policies.
[…]
Many companies especially State Owned, and Controlled Entities have taken initiatives of their own as part of their Corporate Social Responsibility programs including education, health, women empowerment, community building, and the environment.’
CHAPTER II: THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU
In 2019 the SNMPE (Sociedad Nacional De Mineria Y Petroleo Y Energia) developed a general human rights policy model for its members, which is based, on the OECD Guiding Principles and Guidelines, and integrates a risk-based due diligence approach (OECD, 2020b, p. 23). It has also established a national dialogue platform for mining (Mining for All), which provides guidance on how to receive complaints and respond to community demands, as well as a communication platform, which presents its environmental and social projects and their contribution to the SDGs (COM-Unity). – page 33
CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS
3.2. Conclusions of the specific issues
Environmental Impact Assessment (EIA)
The State has assumed a set of international environmental obligations related to the EIA, which has resulted in internal regulations to strengthen public policy to protect the environment and related rights in the context of investment projects. Within the framework of the National Environmental Impact Assessment System, the competent public entities have made progress both in the production of common general guidelines and by type of project for the preparation of EIAs, as well as in the mechanisms to ensure an adequate quality of information for the socio-environmental baselines and the content of the EIAs. The Executive Branch has the challenge of articulating its various governing bodies in order to have ever greater legitimacy and trust on the part of indigenous peoples and other groups with respect to the fulfillment of its role of promoting, supervising, monitoring, and defending the human rights related to this function. In this task, it is essential to count on the active and adequate participation of indigenous peoples, other groups, and citizens in general. – page 49
Large-scale agriculture
The agro-export sector represents one of the country’s main economic activities, with palm oil, cacao, asparagus, sugar, and quinoa agroindustries standing out. In this regard, there is a considerable national and international regulatory framework regarding labor and environmental issues and the rights of indigenous peoples in the context of these activities, which could be strengthened in accordance with various international regulations. Along these lines, as pointed out by the Working Group on Business and Human Rights and the Ombudsman’s Office, as well as the ILO’s special regular monitoring bodies and the OECD country report, state institutions and public policy, in general, should be strengthened to ensure greater effectiveness, in accordance with international standards, especially in areas such as social and environmental sustainability, labor rights and decent work, and prior consultation, among others.
Mining
The prevention and management of the environmental impacts of mining activity require improvements, such as better quality information on socio-environmental baselines and strengthening the administrative and legal capacity of the competent environmental oversight entities.
On the other hand, Peruvian legislation has made progress in dealing with environmental mining liabilities; however, problems persist in rehabilitating environmental liabilities generated by informal and illegal activity. Complaints of heavy metal contamination deserve timely attention, a good example being the work of the Temporary Multisectoral Commission on the matter. – page 50
Hydrocarbons
Peruvian legislation has made progress in addressing the problem of environmental liabilities; however, there are difficulties in rehabilitating environmental liabilities inherited from past operations, so it is essential to consolidate a comprehensive management system for environmental liabilities. – page 51
Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050
Axis 2. Sustainable management of nature and measures to address climate change. – page 54
Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment.
Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.
37.
Action: Follow-up on social commitments assumed in dialogue processes during social conflicts.
Background: There is a need to standardize criteria and establish mechanisms to follow-up on commitments, including voluntary socio-environmental commitments, within the framework of multisectoral dialogue processes.
Indicator: Development of a protocol for monitoring commitments. – page 81
39.
Action: Produce a guide on soil studies and soil capacity in the regions of the country from the agricultural sector.
Background/Indicator: Measures to assess the social and environmental sustainability of agroindustrial projects need to be strengthened by conducting national studies on soil and soil capacity in the different regions and an evaluation of how large-scale plantations have been carried out. – page 82
44.
Action: Strengthen the right to transparency and access to information, taking into account the GP-RBC approach.
Background: It is required that platforms such as SINIA continue with the function of disseminating documentary, geographic and statistical information, in order to strengthen access to environmental information so that it is timely, articulated, georeferenced, updated, reusable, interoperable, so that this helps to narrow the existing information gaps.
Indicator: Number of National Reports on the State of the Environment disseminated through SINIA. – page 84
45.
Action: Expressly incorporate the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning in the next National Environmental Action Plan and the National Environmental Policy.
Background: The issues of climate change, biological diversity, and environmental land-use planning should be expressly associated with the issue of business and human rights. In this way, related public policy measures would encourage companies to take into account the issues arising from these issues in their due diligence processes throughout the supply chain and address negative environmental risks and impacts. Although climate change, biodiversity, and environmental land use planning are topics addressed in the National Environmental Action Plan 2011-2021 and the National Environmental Policy, it would be appropriate to incorporate the GP-RBC approach in the next public policy of this nature.
Indicator: National Environmental Action Plan, including or expressly contemplating the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning. – page 85
46.
Action: Evaluate the aspects of the GP-RBC approach that need to be considered in the mechanisms for citizen participation in order to adopt the corresponding improvements, within the framework of the National Environmental Impact Assessment System.
Background/Indicator: The quality of the information collected for the baseline, the predictability of its methodology, the participation of the parties involved, access to environmental information, among others, must be known in order to ensure that vulnerable groups participate in the environmental impact assessment process under equal conditions and in an environment of greater trust. – page 86
Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.
Objective 1: Strengthen mechanisms at the state level to redress human rights violations in the corporate sphere.
89.
Action: Disseminate information on how to access the Intersectoral Mechanism for the Protection of Human Rights Defenders.
Background Prepare a report on the situation of environmental defenders.
Indicator: Report on the situation of environmental defenders in Peru. – page 121
Objective 2: Strengthen the judicial and extrajudicial systems to redress human rights violations in the corporate sphere.
93.
Action: Create and implement a permanent training program for justice operators regarding administrative offenses and crimes in labor and environmental matters.
Background: There is a need to implement a training program for justice operators regarding administrative offenses and crimes in labor and environmental matters so that they have greater operational capacity and the processes related to these issues are resolved in compliance with international standards of the right to due process.
Indicator: Creation and implementation of a training program. – page 123
3. Ministry of Economic Development and Technology
Implementation of the UN Sustainable Development Goals (2030 Agenda)
[page 12-13]
“At the same time, investing in environmental protection and circular economy should provide the impetus for economic recovery from the COVID-19 crisis. (…) Integration of ESG (Environmental, Social and Governance) factors into long-term business strategy has become an area of increasing importance. It entails striving by entrepreneurs to balance their own expectations with those of their employees, customers, suppliers, and local communities. What is valuable – nowadays in particular – is the ability to use the perspective of viewing the company in the framework of concern for the social environment, both internal and external, as well as the natural environment.”
12. Public Procurement Office
The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)
[page 32-33]
“Among the new solutions in the Public Procurement Law, which – in addition to the regulations already existing in this respect – are aimed at supporting the implementation of social policy objectives within the framework of public procurement, the following, inter alia, should be mentioned:”
(…)
“• addition to the catalogue of rules for awarding public procurement contracts of the principle of economic efficiency (Article 17(1)), which means awarding a contract in a manner ensuring both the best quality of the subject-matter of the contract given the funds which the contracting body may allocate to its performance, as well as the best relation of expenditures to effects, including those of social, environmental and economic nature;
• obligation to conduct a needs and requirements analysis before launching the procedure, taking into account the type and value of the contract. As part of the analysis, under Article 83 of the new Public Procurement Law, the contracting body should also indicate the possibility of considering the social, environmental or innovative aspects of the contract;”
Appendix 2 (information of the Ministry of Foreign Affairs)
Recommendations
[page 47]
“In their activities supporting Polish entrepreneurs, public procurement and development aid projects implementation, Polish foreign missions are guided by the following principles requiring them to:”
(…)
“- conduct its business with due care for the protection of the natural environment, in particular its elements important for the local community; maintain ongoing contact with the local community with respect to matters arising in relation to the conducted business activity and its impact on the life of the local community”
[page 48]
“- in the implementation of public procurement, take into account the so-called sustainable procurement criteria5 in order to integrate requirements, specifications and criteria ensuring environmental protection, social progress, and support for economic development”
The preparation of the Action Plan revealed that the most common human rights violations in business involve discrimination various forms of abuse in the workplace, and negative environmental impacts. (pg. 5)
State’s expectations of business enterprises
Several new legal provisions proactively ensure the strengthening of respect for human rights in business, which involves non-financial reporting on the environmental and social impacts of major business enterprises, measures to promote equality, and considering environmental, social and labour law aspects in public procurement. (pg. 7)
Principle 1 – State’s duty to protect human rights
In accordance with its international commitments and national legislation, Slovenia will strive for the effective implementation of policies and measures… protecting the environment and promoting sustainable development. (pg. 9)
Principle 2 – State’s expectations of business enterprises
The Constitution stipulates citizen, political, social, and economic rights, as well as the rights to a healthy living environment and to drinking water. (pg. 10)
In accordance with the constitutional right to a healthy living environment, the conditions and way economic and other activities are pursued are established by law (Constitution, Article 72). (pg. 10)
Specific expectations concerning human rights protection in business are defined in the relevant legislation governing employment relationships, health protection, environmental protection… (pg. 10)
An example is the Act Amending the Companies Act of April 2017, which introduces non-financial reporting on the environmental and social impacts of major enterprises and measures to promote equality. (pg. 10)
Such amendments introduce principles relating to the environment and social integration, as well as ensuring respect for rights arising from the legislation in force, thus promoting, in the context of public procurement, the social and environmental responsibility of enterprises and helping them to consolidate their standing in the market. (pg. 10)
Principle 3d – Consumer Rights
Consumer protection also extends to environmental protection, which is focused on the consumers’ right to a healthy environment, and on sustainable consumption. (pg.15)
Principle 3d – Environment
The Slovenian Constitution enshrines the right to a healthy living environment, and laws are in place that impose the requirements for, and methods of, implementing economic and other activities that protect human rights while also ensuring adequate protection and preservation of the environment. The Environmental Protection Act defines the basic principles which, on the one hand, ensure the protection of human rights… (pg. 20)
Environmental labelling includes the product lifecycle approach, ensuring that products are manufactured, used and disposed of in a sustainable and environmentally friendly manner. Slovenia will promote environmental labelling, particularly based on verified and independent criteria, as part of drafting policies and measures for restructuring and the transition to a circular economy. Slovenia applies economic instruments of environmental policy, e.g. environmental tax, to reduce the environmental burden according to the ‘polluter pays’ principle. The environmental tax includes the fields of energy, transport, pollution and the use of resources. (pg. 21)
In accordance with the Framework Programme for the Transition to a Green Economy, the Slovenian Government will focus on further activities for developing and interconnecting green economy policies. The focus will be placed on the following areas: sustainable management of resources; green growth of the economy, promoting green jobs and providing training for people on the labour market for the requirements of green economy; fostering demand for green products and services; green public procurement and green budget reform; sustainable urban development; public sector activities that may serve as models; education and training for the green economy; and green practice in agriculture. (pg. 22)
Principle 3d – Non-financial reporting
As part of drafting policies and measures for restructuring and the transition to a circular economy, the Ministry of the Environment and Spatial Planning, in cooperation with other relevant ministries, will actively promote the use of voluntary environmental labelling instruments at the EU level, such as Ecolabel and EMAS. (pg. 23)
Principle 4 – Businesses receiving State support
Slovenia is bound by OECD recommendations… aimed at promoting policy coherence of OECD member countries for officially supported export credits relating to the environment, climate change, social and human rights, obligations to respect relevant international agreements and conventions and to contribute to sustainable development. These recommendations are aimed at promoting policy coherence of OECD member countries for officially supported export credits relating to the environment, climate change, social and human rights, obligations to respect relevant international agreements and conventions and to contribute to sustainable development. (pg. 24)
Principle 6 – Commercial Transactions
[T]he Public Procurement Act…puts special emphasis on the various aspects of social and environmental policies. (pg. 26)
[T]he Act includes the horizontal social clause, which requires economic operators, when implementing public contracts, to observe obligations under EU environmental, social and labour law, regulations in force in Member States, collective agreements and international law. (pg. 26)
Principle 9 – Domestic policy
Channelling development cooperation towards ensuring human rights is also indirectly reflected in providing assistance to partner countries in ensuring the right to a clean environment and safe drinking water. (pg. 31)
Principle 10 – Basic Orientations
Through its activities in the World Bank Group committees, Slovenia will support the effective implementation of the Environmental and Social Framework, including the environmental and social policies, which are integral parts of it. (pg. 32)
The core document, the EIB Statement on Environmental and Social Standards, determines the framework of the environmental protection policy, and lays the foundations for prosperity. (pg. 33)
Annex I – Human Rights Due Diligence in Practice
Protection of human rights is also directly and indirectly connected to environmental protection and preservation. (pg. 45)
Revision of 「Procurement Business Act」 and addition of an article promoting corporate social responsibility on January 2016.
* Article 3-2 (Encouraging Social Responsibility)
The administrator of the Public Procurement Service may reflect social and environmental values such as environment, … in the procurement process to encourage corporate social responsibility
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.
2 National Action Plan on Business and Human Rights 2020-23
2.1 Pillar 1: state duty to protect
2.1.3 The State-business nexus
Guiding Principles 4 to 5
Measure 11: Human rights due diligence by public-private development partnerships
The Swiss Agency for Development and Cooperation (SDC) Risk Assessment for Partnerships with the Private Sector takes into account the impact that these partnerships could have on human and employment rights, government structures and the environment. Consequently, the federal government will not work with partners which have repeatedly been involved in human rights abuses or cannot provide cogent evidence that they have substantially reduced their exposure to human rights risks.
Guiding Principle 6
Measure 12: Criteria under the core ILO conventions in public procurement at federal level
The Public Procurement Act is currently being revised in line with changes to the WTO Agreement on Government Procurement (GPA) 2012. The PPA (as amended) will include all three pillars of sustainability – economic, environmental and social. Accordingly, the principle of sustainable public procurement will govern the interpretation and implementation of the PPA and the PPO. In its recommendations on sustainable procurement, the Federal Procurement Conference specifically calls for social, environmental and economic factors to be taken into account, including the human rights criteria covered by the core ILO conventions. It also recommends that sustainability criteria be reflected in award procedures.
2.1.5 Policy coherence
Guiding Principle 10
Measure 19: Promotion of respect for human rights and labour standards within financial institutions
As a general rule, an evaluation of the environmental and social risks is integral to the process of approving any project or programme conducted as part of Swiss economic cooperation. The aim is to ensure that any investments Switzerland makes fully comply with applicable legislation and rules, including international human rights standards.
Investments by the Swiss Investment Fund for Emerging Markets (SIFEM) are subject to full due diligence with regard to its environmental, social (including working conditions) and governance (ESG) responsibilities. The relevant human rights standards are applied in all ESG risk assessments. This means that the risks of human rights abuses are always taken into account in the investment decision-making process.
2.2 Pillar 2: the corporate responsibility to respect human rights
2.2.2 Operational principles: human rights due diligence
Measure 30: Guides and tools to implement the UN Guiding Principles
Most business enterprises use certification and private labels (e.g. UTZ, Fairtrade, and amfori/BSCI) as a means of ensuring compliance with social and environmental standards along the entire value chain. The federal government intends to help businesses identify which certifications meet the human rights due diligence standards under the UN Guiding Principles.
Promotion of international exchange and cooperation (page 6)
‘[…] In addition, Taiwan has inserted “CSR clauses,” “investment/environment/labor clauses,” and “general exceptions” into previously signed trade and investment agreements, so our government has taken concrete actions to safeguard human rights.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP9, Actions taken (page 49).
Promoting human rights through government procurement operations (page 8)
… Taiwan has implemented regulations that include such measures, including the “Government Procurement Act,” “Resource Recycling Act,” “Statute for Industrial Innovation,” “Greenhouse Gas Reduction and Management Act,” and “Indigenous Peoples Employment Rights Protection Act.” All these acts prohibit discrimination, encourage green purchasing, and promote environmental protection.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP6, Actions taken (page 45).
C. Actions planned
Continue committing to implement important United Nations human rights covenants, incorporating them into domestic law, and preparing national reports for review (page 9)
‘[…] Besides continuing to assess the feasibility of incorporating the core UN humans rights conventions into domestic law, our government will also continue to study ways to promote the implementation of labor and environmental conventions as they pertain to human rights.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP10, Actions planned (pages 52-53).
Administrative measures for outbound investment (page 10)
‘The Taiwan government will continue, on the basis of UNGPs, to initiate discussions regarding the issue of administrative measures for outbound investment as applied to business and human rights, and will also set up an inter-ministerial coordination mechanism at the central government level to study actions taken by other nations, and to discuss the necessity and feasibility of enacting legislation that has binding force overseas in specified fields such as […] environmental preservation in a company’s overseas investment activities.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP7, Actions planned (pages 46-47).
IV. The corporate responsibility to respect human rights
B. Actions taken
State encouragement of respect by businesses for human rights (page 11)
‘The Taiwan government also provides resources and support, including the following: […] it has launched a Green Finance Action Plan that identifies green energy technology and other key industries as top-priority recipients of financial institution support so that they can spur the achievement of energy conservation and carbon reduction targets and environmental protection goals.’
Greater information transparency (page 13)
‘Since 2014, the Taiwan government has used legislation to require listed companies matching a certain description to prepare a CSR report each year, and as of 2020 our government […] has included environmental, climate change, social, and corporate governance matters in its disclosure requirements in order to ensure that the key performance indicators in non-financial disclosures are more closely linked to the way a company is managed.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP3, Actions taken (page 41).
C. Actions planned
Advocate for disclosure of non-financial information (page 14)
‘In addition to studying the feasibility of expanding the range of businesses subject to a compulsory requirement to prepare CSR reports, the Taiwan government will also advocate for disclosure by businesses of non-financial information (related issues will include important environmental, social, and governance (ESG) topics — such as the use of Consumer information, the use of energy, waste handling, labor conditions, environmental protection, forced evictions, indigenous land rights, gender equality, and consumer protection measures — all of which are matters of concern to stakeholders). The goal of such a policy would be to ensure that businesses understand that the disclosure of non-financial information can make up for the shortcomings of financial information, thus enabling businesses to effectively identify and manage risks. This would facilitate the formulation of better business policies, and contribute to the achievement of forward-looking objectives, thus enabling the adoption of sustainable business practices.’
This information is also covered under under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP3, Actions planned (page 43).
V. Access to remedy
B. Actions taken
Judicial remedy
Collective remedy and citizen lawsuits (page 17)
‘[…] the “Basic Environment Act,” “Environmental Impact Assessment Act,” “Air Pollution Control Act,” “Waste Disposal Act,” “Soil and Groundwater Pollution Remediation Act,” “Water Pollution Control Act,” and “Toxic and Concerned Chemical Substances Control Act” all include provisions that allow for citizen suits. When a public or private entity violates the law and the competent authority is negligent in enforcement, victims or public interest groups may notify the competent authority in writing, and if the competent authority continues to ignore the violation, the victims or public interest groups may file a lawsuit with an administrative court.’
This information is also covered under Appendix 3: Concrete actions taken by Taiwan to provide effective remedy systems, Collective remedy and citizen lawsuits (pages 35-36) and Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, Access to remedy, UNGP26, Actions taken (page 55).
C. Actions planned
Strengthening of extraterritorial jurisdiction (page 20)
Cross-border litigation occasionally arises due to: (a) human rights violations or environmental destruction caused in Taiwan by foreign multinational corporations engaged in business activities in Taiwan; or (b) human rights violations or environmental destruction caused overseas by Taiwanese corporations (or by multinational corporations controlled by a Taiwanese corporation) engaged in business activities overseas. With respect to such litigation, our government needs to conduct research on how to provide victims with effective remedy channels. The scope of such research should include, without limitation, the following:
Study how to enact rules governing Taiwan’s jurisdiction over cross-border litigation, including litigation filed in Taiwan by foreign nationals not domiciled in Taiwan (but note that, in doing so, we must act in line with the principles of substantive fairness, jurisprudence, and procedural economy).
Study the legality and feasibility of using measures other than fines to deal with the corporate criminal liability of Taiwanese and multinational corporations.
Multinational corporations often use overseas duty-free countries to establish subsidiaries, so we need to study whether the parent companies of multinational corporations are required to bear joint and several liability for indemnification of aggrieved parties when subsidiaries infringe upon the rights of other parties.
Cross-border actions for damages are sometimes filed in connection with environmental destruction caused overseas by multinational corporations, so we need to study whether there is a need to amend related laws and regulations (e.g. environmental protection legislation) to provide for an extended period of prescription
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, Access to remedy, UNGP25, Actions planned (page 54).
Appendix 1: Concrete actions taken by Taiwan to fulfill the state obligation to protect
Government procurement (pages 24-25)
‘Article 26-1 of the “Government Procurement Act” stipulates that an entity may prescribe technical specifications in accordance with Article 26 to promote the conservation of natural resources and protection of environment, and adopt related measures to save energy, save resources, and reduce greenhouse gas emissions. Increases in project expenditures or technical service fees, if any, shall be incorporated into the project budget for approval when preparing the technical specifications or measures.’
Article 96 of the “Government Procurement Act” stipulates that an entity may provide in tender documentation that preference shall be given to a product with the government-recognized Green Mark.
Article 22 of The “Resource Recycling Act” stipulates that all Taiwan government agencies, public schools, public enterprises and organizations, and military authorities shall preferentially procure government-recognized environmentally preferable products, and that 25 the central competent authority and all industry-specific authorities shall perform promotion activities for environmentally preferable products.
Article 27, paragraph 1 of the “Statute for Industrial Innovation” stipulates that central government authorities shall encourage government agencies/organizations and enterprises to purchase green products and services.
Article 25 of the “Greenhouse Gas Reduction and Management Act” stipulates that all levels of government, public education institutions, and government-run enterprises shall promote energy saving and use energy-efficient products or services to reduce GHG emissions.’
Promotion of corporate social responsibility (pages 26-27)
‘The government may incorporate legally binding non-financial reporting requirements to ensure that companies conduct human rights due diligence. Article 10, subsection 4, item E of the “Regulations Governing 27 Information to be Published in Annual Reports of Public Companies” provides that corporate governance reports shall address CSR elements, such as environmental protection, community participation, social contribution, social services & welfare, consumer rights, human rights, and health & safety.’
‘To strengthen corporate governance, the TWSE and the TPEx have issued several codes of best practice, including the following: “Corporate Social Responsibility Best Practice Principles for TWSE/GTSM Listed Companies”: Listed companies are expected to implement CSR measures to manage their economic and environmental risks and impacts.’
Promotion of international consensus and cooperation (page 28)
‘Taiwan has an export-driven economy. […] In this overall context, international trade should be promoted in a friendly and constructive manner. This includes promoting the incorporation of environmental, social responsibility, and human rights standards into free trade agreements, as well as designing impact assessment and monitoring mechanisms.
In line with this, Taiwan has included CSR, environmental, and worker rights clauses, as well as “general exceptions,” in many of its trade and investment agreements, such as the following:
[…] Inclusion of “investment/environment/labor” clauses: Host states shall not attract investment by relaxing health, safety, or environmental protections, or by lowering labor standards. At present, Taiwan has several free trade agreements (FTAs) with such clauses, including Article 10.15 of the Taiwan-Guatemala FTA, Article 10.11 of the Taiwan-Nicaragua FTA, Article 10.16 of the Taiwan-El Salvador-Honduras FTA, Article 24 of the Taiwan -Japan BIA, and Article 12.16 of the Taiwan-New Zealand FTA.’
Other legislative action and measures (page 30)
‘The Environmental Protection Administration, acting in accordance with Article 7 of the “Air Pollution Protection Act,” proposed an “Air Pollution Control Plan (2020–2023),” and it was approved by the Executive Yuan on 22 May 2020. The annual air quality target set out in the Plan calls for a nationwide average PM2.5 concentration of 15µg/m3. It also focuses on the need to reduce emissions of ozone and volatile organic compounds, requires that restrictions be applied with greater breadth and rigor, and distinguishes between stationary, mobile, and fugitive sources of pollution. In total, the Plan comprises 27 specific measures that address the air pollution problem on four different fronts.’
Appendix 2: Concrete actions taken by Taiwan to ensure respect by businesses for human rights
Governments can provide information and support to enterprises. The Taiwan government has implemented several regulations and measures to provide enterprises with guidance and support, including the following: (pages 31-32)
‘Chapter 4 of the “Greenhouse Gas Reduction and Management Act” sets out educational, outreach, and reward mechanisms related to greenhouse gas reduction. Government agencies at all levels are required to promote industry awareness of the need for mitigation of the impact of global climate change and the reduction of greenhouse gas emissions. In addition to promoting carbon footprint monitoring systems, the Executive Yuan’s Environmental Protection Agency issued the “Regulations Governing Incentives for Low-Carbon Products” in July 2017 on the authority of Article 27, paragraph 2 of the “Greenhouse Gas Reduction and Management Act.” These new Regulations provide companies with more incentives to affix their products with carbon footprint marks and carbon footprint reduction marks.
Article 26 of the “Statute for Industrial Innovation” provides as follows:
To encourage the sustainable development of industries, the central authorities in charge of relevant enterprises may provide enterprises with grants or guidance to promote the following matters: (a) Assisting enterprises in adapting to international regulations for environmental protection and health and safety. (b) Promoting the development and application of technology relating to greenhouse gas reduction and pollution prevention. (c) Encouraging enterprises to improve the efficiency of their energy and resource consumption and to adopt relevant technologies that may recycle/renew energy/resources and save energy and water. (d) Production of non-toxic, less-polluting products and other products that reduce the burden on the environment.
[…] Article 28 of the “Statute for Industrial Innovation” provides that “to encourage enterprises to fulfill their social responsibility, the central authorities in charge of relevant enterprises shall assist enterprises to actively disclose the relevant environmental information regarding their production processes, products, services, and other aspects of sustainable development, and the enterprises with outstanding performance may be eligible to receive commendations or awards.”
On November 6, 2017, the Executive Yuan approved the “Green Finance Action Plan” proposed by the Financial Supervisory Commission. This Plan encourages banks to adopt the Equator Principles (EPs) for international benchmarking. The EPs provide a risk management framework for assessing and managing the environmental and social risks of projects.’
In order to strengthen enterprises’ CSR implementation and enhance human rights awareness, the Taiwanese government and civil society have implemented a number of support measures, including the following:
‘[…] The Taiwan Institute for Sustainable Energy has launched the Taiwan Sustainability Value Index (TWSVI). The TWSVI uses economic, environmental, social, disclosure, and sustainability evaluations to select company stocks that have both financial and long-term sustainability value.
The Taiwan Institute for Sustainable Energy cooperates with the government to develop renewable energy, strengthen the promotion of green finance and sustainable finance, and help enterprises to comply with the “Principles for Responsible Banking” and the recommendations of the “Task Force on Climate-related Financial Disclosures.”
[…] to promote the development of a sustainable investment environment, TWSE subsidiary Taiwan Index Plus Corporation and FTSE Russell jointly released the “FTSE4Good TIP Taiwan ESG Index,” the first ESG index that fully integrates environmental, social, corporate governance, and financial indicators in Taiwan.
[…] Industry associations and companies also voluntarily propose or follow many relevant international standards, including the following: In order to ensure CSR implementation in the financial industry, the Bankers Association of the ROC in 2014 adopted credit guidelines with reference to the spirit of the “Equator Principles,” addressing such matters as environmental protection, ethical business practices, and social responsibility.’
Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy
The State duty to protect
UNGP2
Actions planned (page 40)
‘The Taiwan government has pledged to […] [c]ontinue, on the basis of UNGPs, to initiate discussions […] [focusing] on monitoring and study of domestic human rights incidents that have occurred in recent years, and the results of this effort will serve as reference for future legislative amendments.’
3. The core content of the National Action Plan on Business and Human Rights
3.1 Action plan on labour
3.1.1 Overall situation
The Thai government pays attention to the prevention, suppression and elimination of Illegal Unreported and Unregulated (IUU) fishing. In 2015, the RTG established the Command Center for Combating Illegal Fishing (CCCIF) to solve illegal fishery problems with the related sectors. A surveillance and forecasting of the fishery situation centre has been established. Measures to monitor IUU fishing such as Fisheries Regulations 2015 and Amendments (Issue 2) 2015, and more than 100 IUU situation control regulations have been issued. In addition, the Cabinet passed a resolution on 3 November 2015, adopting the National Action Plan to Prevent, Suppress and Eliminate Illegal, Unreported and Unregulated Fishing for 2015–2019, the National Marine Fisheries Management Plan and National Policy in the Matter of Marine Fishery Management 2015–2019. Importantly, the National Fisheries Policy Committee passed a resolution on 25 January 2018, approving the country’s fishery development guidelines to rid IUU fishing (IUU – Free Thailand) to show the determination to push the whole Thai fishery system to adhere to international standards and to be accepted among the international community. The Cabinet passed a resolution on 3 April 2018, approving the appointment of a National Committee to set policies, supervise and implement the plan on freeing Thailand from illegal, unreported and unregulated fishing with an aim for correct, rapid, and successful achievement.
3.2 Action plan for community, land, natural resources and the environment
3.2.1 Overview of the situation
The plan [the National Economic and Social Development Plan No. 12 (B.E. 2560–2564) (2017–2021)] emphasizes the creation of economic and social growth while being environmentally friendly, and the promotion of responsible production and investment and creating green business jobs in private organizations to reduce policy conflicts that affect the environment and people during the development of infrastructure, tourism and community livelihoods. …
The Department of Forestry of the Ministry of Natural Resources and Environment is a government department that has administrative roles in managing forest resources for sustainable use. It is under the process of implementing the policy of reforming the natural resource and environmental management system (forestry) to support the 20-year National Strategy (2017–2037). The Ministry has also pushed forward the Community Forest Act, which gives the opportunity for the community to participate in the collective maintenance and use of forest resources. The Cabinet passed a resolution to approve the principles of the Community Forest Act on 22 May 2018. Most recently, the Community Forest Act was enacted and announced in the Royal Gazette on 24 May 2019. …
Another important challenge is the protection of human rights during the implementation of large-scale development projects to create economic growth especially mega-projects that affect the way of life of people and the environment. The government has various measures such as directions for feasibility studies including environmental and health impacts. A committee is appointed to supervise, setting up measures to support or compensate the affected people such as the provision of relocation. The government has decided to delay some projects as requested by civil society and has engaged in trying to find solutions through discussions with local people. …
Currently, the Industrial Estate Authority of Thailand strengthens the Environmental Impact Assessment (EIA) process by strictly complying with the National Environmental Quality Promotion and Conservation Act (No. 2) B.E. 2561 (2018), in the second paragraph of Section 48 stating that the EIA must include the issue of compensation for suffering or damage, and in the third paragraph of Section 48 stating that the EIA must add assessment of health impacts and conduct hearings for the opinions of stakeholders and related communities. In addition, the Industrial Estate Authority of Thailand has also created a transparent process in the EIA and Environmental Health and Impact Assessment (EHIA) by (1) Conducting public hearings by inviting all target groups, including communities, NGOs, local government organizations, stakeholders and the media; (2) Providing opportunities for communities and the public to express their opinions at public forums; (3) Opening multiple channels for complaints; (4) Holding an EIA Monitoring meeting with tripartite components, namely, the Industrial Estate Authority of Thailand, local government officials, industrial plant operators and communities. In addition, the Industrial Estate Authority of Thailand has strictly supervised the private consulting firms to ensure that they have neutrality in their work. …
Every project of the Industrial Estate and Industrial Port Development Project must have an assessment report on the effect of the environment in the forms of an EIA or EHIA report, in which the Industrial Estate Authority of Thailand, as the project owner and the authorized approval agency, conducted hearings with surrounding communities and people about the project development, as well as promoting community participation processes from the beginning of the development of the projects until implementation of the projects. In the EIA and EHIA reports, measures are added for reducing the impact on the quality of life of the community including human rights risks. …
For the mining project, details of improvement of the environmental and social impact assessment system are as follows:
(1) Minerals Act B.E. 2560 (2017) and related subordinate legislation divided mining into three types according to the size of the area, types of minerals, geological characteristics of the mineral resources, mining methods and impacts on the quality of environment and public health that may arise from mining. The scope of the mining project (in accordance with the promotion and conservation of national environmental quality law defined as type 2 or type 3 mines) must include preparing the environmental impact assessment report (EIA or EHIA), dependent upon the context of each case.
(2) Improvements in the environmental and social impact assessment system for mining projects in order to be prudent and concise by requiring public hearings with affected communities, both according to the mineral law and in accordance with the law on promotion and conservation of national environmental quality are as follows:
(2.1) Minerals Act B.E. 2560 (2017) and subordinate legislation stipulates that a public hearing of the community is required and, in the event, that the community does not agree, a public referendum, in the area requesting a concession certificate, shall be conducted according to the characteristics and methods announced by the Minister.
(2.2) The National Environmental Quality Promotion and Conservation Act B.E. 2535 (1992). The project must conduct the EIA report with two times a participatory process, namely, the first time at the initial stage of the project to hear opinions on the draft proposal of the project and the scope of the study and, the second time, during the preparation of the draft report, measures to prevent and correct the environmental impact, as well as the area rehabilitation plan after the expiration of the concession. For the project that requires the EHIA report, four times participation is required: (1) To listen to opinions on the scope of the study; (2) For participation in the impact assessment; (3) For hearing opinions on the draft report; and (4) For the authorized approval agencies to organize the process for hearing opinions and to clarify in detail.
(3) In addition, the Mineral Act B.E. 2560 (2017) and the relevant subordinate legislation require the preparation of basic information on the environment and public health and creating a barrier area in the case that the mine may result in causing highly adverse impacts to the quality of environment and public health.
(4) At present, every step of the environmental and social impact assessment of the mining project considers the importance of three types of impacts from large-scale projects: (1) The impact of environmental pollution on health; (2) Forcing communities to relocate without compensation or insufficient plans; and (3) Lack of public consultation or inadequate studies with communities that are affected by the development of large-scale projects. Therefore, the Department of Primary Industries and Mines (DPIM) has emphasized the accuracy and transparency of information in every step from preparation of the area for the request for permissions, details of areas and communities, geological report, mining project plans and area rehabilitation, the EIA report, details and the opinions of the community, both according to the requirements of the mineral law and the law on the promotion and conservation of national environmental quality. As well as these issues, details of the consideration of the Environmental Impact Assessment Report from the Specialist Committee are to be stipulated as additional conditions for approval. …
The Department of Industrial Works has specified the location of factories to be away from public places or communities and defined the specification of the type and size of the factory that requires having environmental personnel at the factory to determine the amount of pollution (water pollution, air pollution, soil pollution and sound/noise pollution) that can be released into the environment. They will also assign a specialist to be responsible for the safe storage of hazardous materials under the responsibility of the Department of Industrial Works in accordance with the Hazardous Materials Act B.E. 2535 (1992) including regulation criteria to eliminate waste or unused waste and the supervision of chemicals and hazardous waste as well. The steps in determining the authorization to establish or expand the factory that needs to prepare the Environmental Impact Assessment Report (EIA) must go through the process of the public hearing as required by the Ministry of Industry for safety. There are safety measures from the risk assessment of the factories that must prepare a risk analysis report for the potential dangers in operating a factory. Criteria are set for hazard identification for risk assessment and the preparation of risk management plans and safety measures for the working environment including boilers, industrial gas, chemicals, radioactive materials, electrical systems in the factories, fires and cold storage. …
The Industrial Estate Authority of Thailand is assigned by the government to develop industrial estates in three Special Economic Zone (SEZ) areas in three provinces: Sa Kaeo Industrial Estate, Sa Kaeo Province, Sadao Industrial Estate, Songkhla Province, and industrial estates in the Special Economic Zone in Tak Province. Each industrial estate established has studied the impact on environment, economy, society and community through the preparation of the environmental impact assessment report and use it as a tool to create preventative and alleviative measures towards environmental impact and to monitor environmental quality. One of the measures requires factories in the industrial estates to pay attention to the importance of hiring local labour which will help reduce migrant labour problems. But if using migrant workers is a necessity, the operator should choose only registered ones.
However, in the future, the government has laid down a policy for establishing and developing an industrial estate to do the Strategic Environmental Assessment (SEA) report, to which all related departments must adhere to as a guideline. The SEA is an assessment of integrated sustainability in the area of environment, economy, society and community.
3.2.3 Action Plan (2019–2022)
Pillar 1: State duties in protecting (Protect)
No.
Issues
Activities
Responsible agencies
Time-frame (2019–2022)
Indicators (wide frame)
Compliance with National Strategy/ SDGs/UNGPs
1.
Developing and improving laws, regulations, policies and related measures
Review, amend, revise and propose laws, regulations and measures regarding land management, water resources and climate that are affected by business operations
– Ministry of Agriculture
– Ministry of Natural Resources and Environment
– Ministry of Industry
2019–2022
Amount of laws, regulations, and measures relating to land management, water resources and climate that are affected by business operations that have been reviewed, revised, and regulated
– National Strategy for Eco-Friendly Development and Growth
– SDG 6, 13, 14 and 15
– UNGPs Articles 1, 3, 5 and 7
Revise the laws that cause monopolies in agriculture
– Ministry of Agriculture
2019–2022
– Number of laws reviewed and propose amendments to prevent or reduce monopolies in the agricultural sector
– National Strategy for National Competitiveness Enhancement
– SDG 2
– UNGPs Articles 1, 3, 5 and 7
Relevant agencies took the comments and recommendations of the National Human Rights Commission of Thailand, which the Cabinet has resolved to consider improving the Act to Promote and Conserve National Environmental Quality Act B.E. 2535 (1992) and expedite enactment of the Act on People Participation in the Public Policy Process B.E. (draft) and issue regulations on the Report of Pollutant Release and Transfer Registers (PRTR)
– Ministry of Natural Resources and Environment
2019–2022
– Consideration has been taken in accordance with recommendations of the National Human Rights Commission of Thailand
– Meeting for consideration of the Act on People Participation in the Public Policy Process B.E. (draft) and Regulations on the Report of Pollutant Release and Transfer Registers report
– National Strategy for Eco-Friendly Development and Growth
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 5 and 7
2.
Public participation
Promoting the management of community forests to solve the problem of coexistence between forests and communities
– Ministry of Natural Resources and Environment
2019–2022
– Activities, projects and measures organized to promote or solve community forest management problems
– National Strategy for Eco-Friendly Development and Growth
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5 and 7
Organize discussions and public hearing to receive people’s opinions, including from related ethnic groups in the area. The public and communities should get access to complete information and participate in decision- making processes easily, as well as giving comments on the evaluation of the effect on the environment, land expropriation considerations, land management and forest conservation of the government, etc. before undertaking any project, including large-scale projects relating to energy management, power plants, petroleum, and drilling for the exploration of natural resources, in order to encourage people and communities to have a role in determining project operation areas, considering the way of life and culture.
– Office of the National Economic and Social Development Council
– Ministry of Agriculture
– Ministry of Natural Resources and Environment
– Ministry of Energy
– Ministry of Interior
– Ministry of Industry
2019–2022
Number of activities and projects organized to listen to the opinions of the people relating to operations that affect the public
– National Strategy for Eco-Friendly Development and Growth
– SDG 7, 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5, 7 and 8
3.
Environmental and Health Impact Assessment (EIA/ EHIA)
Require the Environmental Impact Assessment (EIA) and the Environmental Health Impact Assessment (EHIA) to assess public participation in a neutral, independent, and transparent manner.
Monitor and investigate after passing the environment evaluation to control the business sector not to violate various rights after the project has been approved.
– Ministry of Natural Resources and Environment
– Ministry of Industry
2019–2022
– Doing EIA/EHIA as required by law, with people and communities in the area participating
– Set a process to monitor the project periodically
– National Strategy for Eco-Friendly Development and Growth
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5, 7 and 8
3.
Environmental and Health Impact Assessment (EIA/ EHIA)
Require the Environmental Impact Assessment (EIA) and the Environmental Health Impact Assessment (EHIA) to assess public participation in a neutral, independent, and transparent manner.
Monitor and investigate after passing the environment evaluation to control the business sector not to violate various rights after the project has been approved.
– Ministry of Natural Resources and Environment
– Ministry of Industry
2019–2022
– Doing EIA/EHIA as required by law, with people and communities in the area participating
– Set a process to monitor the project periodically
– National Strategy for Eco-Friendly Development and Growth
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5, 7 and 8
Review and develop the evaluation system for environment impact and the process to receive public opinion and stakeholder participation from the start and in every step of the project. Inform public of the impact assessment report. Access to information must be easy and convenient.
– Ministry of Natural Resources and Environment
– Ministry of Energy
– Ministry of Industry
2019–2022
– Reviewed and developed an evaluation system for environment impact and the process to receive public opinion and stakeholder participation.
– Access to EIA/EHIA assessment data
– National Strategy for Eco-Friendly Development and Growth
– National Strategy for Public Sector Rebalancing and Development
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5, 7 and 8
Strengthen the current impact assessment process to be stronger, especially in large-scale development projects such as infrastructure and mining and energy projects
– Ministry of Natural Resources and Environment
– Ministry of Energy
– Ministry of Industry
– Ministry of Transport
2019–2022
– Strictly implementing the EIA/EHIA process especially on large projects
– National Strategy for Eco-Friendly Development and Growth
– National Strategy for Public Sector Rebalancing and Development
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5, 7 and 8
Follow up and monitor the implementation of the measures specified in the EIA report for prevention and addressing of expected impacts from the project accurately and quickly in order to be a database of projects to prevent and address the expected effects in the future
– Agency that is authorized to approve the project is the main responsible agency with the following joint agencies:
– Ministry of Natural Resources and Environment
– Ministry of Industry
– Ministry of Energy
– Ministry of Transport
2019–2022
– Monitoring of compliance with the measures set out in the EIA/EHIA evaluation report for prevention and
– address the expected effects in the future
– National Strategy for Eco-Friendly Development and Growth
– National Strategy for Public Sector Rebalancing and Development
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5, 7 and 8
Prepare Strategic Environment Assessment (SEA), a systematic analysis process to assess the potential environmental impact arising from implementing and policy, plan and programme (PPP) levels to achieve the goal on sustainable environment in compliance with the SDGs
– Office of the National Economic and Social Development Council
2019–2022
– Guidelines for Strategic Environment Assessment
– Promotion and dissemination of evaluation guidelines of Strategic Environment Assessment for agencies to follow
– National Strategy for Eco-Friendly Development and Growth
– National Strategy for Public Sector Rebalancing and Development
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5, 7, 8 and 10
5.
Management of natural resources and the environment
Enforcing administrative- related laws in managing natural resources and the environment with regard to protection of human rights and affected communities
– Office of the Attorney General
– Ministry of Natural Resources and Environment
2019–2022
– Activities/projects on promotion of law enforcement in managing natural resources and the environment with efficiency
– National Strategy for Eco-Friendly Development and Growth
– National Strategy for Public Sector Rebalancing and Development
– SDG 11, 13, 14, 15 and 16
– UNGPs Articles 1, 2, 3, 4, 5, 7, 8 and 10
Review and develop mechanisms to manage natural resources and the environment by focusing on participation of all sectors, including women and ethnic groups
– Ministry of Natural Resources and Environment
– Ministry of Interior
2019–2022
Reviewed and developed mechanisms to manage natural resources and the environment by focusing on participation of all sectors
– National Strategy for Eco-Friendly Development and Growth
– National Strategy for Public Sector Rebalancing and Development
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5 and 7
Supporting the role of communities in conservation and restoring natural resources and inspecting environmental quality
– Ministry of Natural Resources and Environment
– Ministry of Interior
2019–2022
Activities/projects to support the role of communities in conservation and restoring natural resources and environment
– National Strategy for Eco-Friendly Development and Growth
– National Strategy for Public Sector Rebalancing and Development
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5 and 7
7.
Minorities and ethnic groups
Provide mechanisms for ongoing consultation with the community and open to the public to participate in making decisions which includes minorities and ethnic groups affected by the management of land, natural resources and preserving the forest
– Ministry of Social Development and Human Security
– Ministry of Interior
2019–2022
Mechanisms for consultation with the community includes minorities and ethnic groups affected by the management of land, natural resources and preserving the forest
– National Strategy for Eco-Friendly Development and Growth
– SDG 10, 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5 and 7
8.
Development of government operations
Establish a report on environmental assessment, critical business situations and cases of human rights violations that occurred, as well as specify protection measures of human rights of villagers in the area
– Ministry of Natural Resources and Environment
– Ministry of Interior
2019–2022
– Established report on environmental assessment, critical business situations and cases of human rights violations that occurred
Measures to protect the human rights of local peoples
– National Strategy for Public Sector Rebalancing and Development
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5 and 7
9.
Business operations
Consider creating a mechanism to monitor businesses’ actions that violate land rights, natural resources and the environment
– Ministry of Natural Resources and Environment
– Ministry of Industry
– Ministry of Interior
2019–2022
A mechanism established to monitor the actions of businesses that violate land rights, natural resources and the environment
– National Strategy for Public Sector Rebalancing and Development
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 2, 3, 4, 5, 7, 8 and 10
Pillar 2: Responsibilities of the business sector in respecting of human rights
2.1 Compliance with laws, standards and principles of human rights relating to the environment, natural resources, community and land
State enterprises and the business sector must review the organization’s rules and regulations and improve them to comply with relevant laws, standards and principles of human rights related to the environment, natural resources, community and land, especially the UNGPs, to prevent human rights violations.
State enterprises and the business sector must promote and monitor their subsidiaries, including their supply chain in respect to relevant laws, standards and human rights principles related to the environment, natural resources, community and land.
State enterprises and the business sector must cooperate with the government and international organizations in the event of monitoring and review compliance with laws, standards and principles of human rights related to the environment, natural resources, community and land.
Pillar 3: Duties of the state and the business sector to provide remedy (Remedy)
No.
Issues
Activities
Responsible agencies
Time-frame (2019–2022)
Indicators (wide frame)
Compliance with National Strategy/ SDGs/UNGPs
3.
Prosecution
Increasing efficiency in civil and criminal proceedings in cases related to the environment, natural resources and land rights
– Office of the Attorney General
2019–2022
Relevant law enforcement officer strictly proceeded with civil and criminal cases related to environmental, natural resources and land rights
– National Strategy for Public Sector Rebalancing and Development
– SDG 16
– UNGPs Articles 24, 25, 26, 27, 28, 29 and 31
5.
Remedies
Develop systematic measures to effectively remedy the affected persons from managing natural resources or conducting business that violates land rights, natural resources and the environment, covering physical and mental damage and in line with the needs of affected people and communities from business/ government projects
– Ministry of Natural Resources and the Environment
– Ministry of the Interior
– Ministry of Justice
– Ministry of Industry
2019–2022
Government sectors, state enterprises, and businesses have measures to remedy the
affected persons from managing natural resources or conducting business that violates land rights, natural resources and the environment
– National Strategy for Eco-Friendly Development and Growth
– SDG 11 and 16
– UNGPs Articles 24, 25, 26, 27, 28, 29 and 31
Establish a systematically plan for land restoration, natural resources and the environment in places affected by business operations
– Ministry of Natural Resources and Environment
– Ministry of Interior
2019–2022
Government, state enterprises and businesses with systematically plans for land restoration, natural resources and the environment in places affected by business
– National Strategy for Eco-Friendly Development and Growth
The government recognises the right to a clean and healthy environment and this aspiration is contained in laws and mechanisms such as Article 39 of the 1995 Constitution, the National Environment Act, (amended) 2019 and other institutions like National Environmental Management Authority, National Forestry Authority and Uganda Wildlife Authority to conserve and protect the environment for sustainable development.
The country has registered a flourishing number of projects in the recent past and NEMA highlights five leading categories of projects as follows: Fuel Stations (22.8%), Information Communication Technology (22.0%), Infrastructure (21.1%), Industry (14.7%), and Mining (6.2%). Thus, these five categories of projects constitute 86.8% of the total projects approved by NEMA in the FY 2018/2019 (NEMA, Annual Report 2019). The report further states that the increasing trend of developments in the sectors highlighted creates demand for construction materials as well as fuel, which are associated with high negative impact on environment and communities.
Some of the notable negative environmental impacts associated with the said categories of projects include: increase in atmospheric pollution caused by emission of different kinds of noxious (harmful) gases, fumes, and particulate matter into the atmosphere; while mining projects create residual impacts which include; scarred landscape, degradation of the affected landscape including soil erosion and in some cases disruption of the local hydrology (which may affect the water catchment system), and un-restored mines and murram/gravel borrow-pits among others.
Over the years, Uganda’s tree cover has immensely declined i.e. from 24% in 1990 to 12.4% in 2015 (NFA, Feb 2018). Communities reported high cases of forests degradation to pave way for businesses especially large scale undertakings. For instance Ugandan government entered into an agreement with BIDCO, the largest manufacturer of vegetable oil in Uganda, and Malaysian palm oil giants Wilmar to set up a planta on and refinery in the Kalangala islands in Lake Victoria. However, business enterprises rarely meaningfully respond to these negative impacts.
During the field stakeholder consultations for the development of the NAPBHR, the communities raised concerns that certain businesses, particularly those in extractives (mining, quarrying), transportation, manufacturing sectors are contributing to such social and negative environmental impacts including destruction of cultural and historical sites. Gender issues manifest in such businesses, such as; men continue to receive the most benefits of the mining industry, women often bear the disproportionate share of social, economic, and environmental risks that sometimes arise from this sector. Women employed in mines work under unsafe conditions often characterized by meager pay, sexual harassment, poor sanitation, domestic violence and exposure to hazardous substances such as mercury among others. It has also been argued that health impacts are felt disproportionately by women as they tend to be primarily responsible for caring for the health of family members.
CHAPTER FIVE: INSTITUTIONAL FRAMEWORK
5.4 Business entities
(…)
v. Ensure environmental protection in their operations.
(viii) Continue to work through our embassies and high commissions to support human rights defenders working on issues related to business and human rights in line with EU Guidelines on human rights defenders.
4. Access to remedy for human right abuses resulting from business activity
Government commitments
Case study- Supporting human rights defenders in Colombia, Mexico and Brazil [page 22]
The UK supported International Service for Human Rights to deliver an intensive training and advocacy programme for human rights defenders working on issues relating to business and human rights in Colombia, Mexico and Brazil. ISHR also created a toolkit to equip human rights defenders to engage with and influence business and supported an advocacy mission to the Inter-American Commission on Human Rights for the purpose of briefing diplomats and decisionmakers on the situation of human rights defenders working on issues of business and human rights in Brazil, Colombia and Mexico and obtaining recommendations in that regard.
Case study from NCP – World Wildlife Fund (WWF) & SOCO International Plc, June 2014 [page 23]
WWF’s complaint alleged that SOCO’s oil exploration activities in Virunga National Park (Democratic Republic of Congo – DRC) did not contribute to sustainable development and that this conduct was prohibited under existing International agreements and DRC law. The activities specifically risked adverse impacts on the local communities, the environment and wildlife. This case had aroused considerable International media attention.
The UK NCP accepted the complaint and asked both parties to take part in professional external mediation in London, which resulted in an agreed joint statement.
As part of the statement, SOCO agreed that they will not undertake or commission any exploratory or other drilling within Virunga National Park unless UNESCO and the DRC government agree that such activities are not incompatible with its World Heritage status.
They also stated that “when we undertake human rights due diligence, the processes we adopt will be in full compliance with international norms and standards and industry best practice, including appropriate levels of community consultation and engagement on the basis of publicly available documents.” The full joint statement and NCP Final assessment published in June 2014 can be seen at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/330392/bis14-967-uk-ncp-final-statement-following-agreement-reached-in-complaint-from-wwfinternational-against-soco-international-plc.pdf More details on each complaint case which UK NCP have received can be found via the link to the Initial & Final assessments page which lists cases in chronological order https://www.gov.uk/government/collections/uk-national-contact-point-statements
Section III: AdditionalNational Action Plan Commitments
Environment, Climate and Just Transitions
“[…] The following commitments are intended to address environmental impacts of business activity and work toward just transitions that addresses displacement, respect for human rights, and access to meaningful livelihoods.
Table 6: Environment, Climate and Just Transitions Commitments
DFC will update its ESPP by clarifying its clients’ responsibilities in assessing supply chains with high risks of child labor and forced labor, significant health and safety issues, or significant conversion of critical forest areas or critical natural habitat in order to promote due diligence. Through this update, clients will better understand DFC expectations with respect to identifying and managing risks in their supply chains, and DFC will be better positioned to assess supply chain risks to mitigate harm.
DFC will enhance stakeholder engagement by enabling robust and diverse public comment on proposed policy changes to its ESPP. To ensure that the ESPP revision process is inclusive of a diverse set of stakeholders and interests, DFC will continue to provide sufficient notice and opportunities for public comment on changes to its ESPP.
DRL, through the Office of Global Programs and Initiatives, will award grants for work related to just transitions, focusing on the nexus of climate and labor rights. Climate change has affected labor rights worldwide, including through the loss of agricultural land, pollution, heat, and reduced occupational safety and health standards. The grants will be aimed at supporting projects that address the nexus of climate and labor rights such as programs to assist workers to adapt and to learn new skills needed as companies adopt greener technology to address climate issues and carbon emissions.
USTR will advance environmental sustainability at home and abroad by prioritizing trade policies that are resilient, sustainable, and inclusive in the implementation of its framework to advance environmental sustainability. USTR will leverage trade policy tools and associated cooperation to advance environmental sustainability and support mitigating the impact of the climate crisis on underserved and overburdened communities, including by pressing trade partners to continually reassess domestic policies to ensure they provide for high levels of environmental protection.
State, in partnership with the U.S. Department of Agricultures’ Forest Service, will implement a program in Free Trade Agreement (FTA) partner countries to increase capacity at seed banks and nurseries to promote women’s leadership and expertise. This project, Safeguarding the Future: Promoting Gender Equity and Equality and Climate Action Through Seed Banks and Nurseries, will provide opportunities for women through training, education, and networking. The project will enhance the implementation of climate adaptation measures through nature-based solutions and further women’s technical knowledge and transferable skills to provide them advancement opportunities in existing seed banks or nurseries and/or help them to start their own enterprises.
State, through its embassies and its Bureau of Oceans and International Environmental and Scientific Affairs’ (OES’) Office of Environmental Quality (ENV), will engage in outreach aimed at increasing civic participation in the environmental submissions mechanisms established by FTAs and operated in connection with FTAs’ secretariats on environmental enforcement matters. State’s ENV and its embassies located in relevant FTA partner countries – Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Peru, and the Dominican Republic – will find innovative ways to disseminate information on existing environmental submissions mechanisms and will explore opportunities to build capacity in underserved communities (e.g., rural regions, ethnic minorities, communities with low and no Internet connectivity) so they are aware these mechanisms exist and understand their use. The secretariats and related submissions processes promote the effective enforcement of environmental laws, provide an opportunity for civic participation in environmental decision-making, and promote transparency in environmental governance.
USAID will elevate the role of workers, unions, and community leaders in just transition initiatives and work with partners to ensure labor organizations, trade unions, and impacted communities meaningfully participate in energy transition planning. USAID will support partners to pursue ambitious and equitable mitigation efforts to advance just transitions that will have economic, health, ecological, and social benefits. Such mitigation efforts will use an inclusive approach that empowers a broad range of stakeholders, including the labor movement and marginalized and underrepresented groups, to ensure shared and sustained outcomes as well as limit any negative impacts.
OES, through its informal interagency working group to reduce violence against environmental defenders, will hold a series of meetings to identify and disseminate good business and investment practices that can reduce and, ideally, prevent violence against environmental defenders. These meetings will include relevant stakeholders including members from civil society organizations and businesses. The identified good business and investment practices will ultimately be shared within the USG.
HHS’s Office on Trafficking in Persons (OTIP) in the Administration for Children and Families (ACF) will develop a microlearning module tailored for ACF grant recipients, which provides information about administrative flexibilities available to respond and recover from climate-mediated events and other natural disasters. The microlearning will also give considerations for implementing programs through an environmental justice lens (e.g. developing a meaningful, demonstrable, and ethical outreach plan to address the impact of climate change on trafficking risk and vulnerability within underserved communities).
OTIP will refresh SOAR Disaster Management: Preventing and Responding to Human Trafficking for the broader anti-trafficking field based on emergent insights. This online training module equips disaster management professionals with the information and resources they need to prevent, identify, and respond to human trafficking during and after disasters or emergencies, including mitigating forced labor during recovery and reconstruction efforts.” (p.33-36)
Raising awareness and building capacity; reviewing and improving policies and laws and improving the effectiveness of the implementation of policies and laws (including improving efficiency and promoting access to remedies) in order to promote RBP in Viet Nam for the period of 2023-2027 to enhance the positive impacts and minimize the negative ones of economic and business development activities on society and the environment (focusing on investment and environment …
II. TASKS AND ACTIONS
2. Policy and law improvement
d) In environment protection
Studying, reviewing legislation and proposing the amendments, supplements or promulgation of legal normative documents on natural resources and environment to promote RBP
– Lead agency: Ministry of Natural Resources and Environment
– Coordinating agencies: ministries, ministerial-level agencies, Supreme People’s Court, proceeding agencies, agencies and organizations participating in judicial support, other relevant socio-political and social organizations
– Outputs: Research reports and related proposals and recommendations (if any) submitted to competent authorities
– Deadline: 2025
e) Other related fields
– Studying and reviewing the law on handling of administrative violations in the fields of investment, labor, environmental protection, protection of vulnerable groups, and consumer protection to promote RBP
+ Lead agency: Ministry of Justice
+ Coordinating agencies: Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade and other relevant agencies and organizations
+ Outputs: Report on Studying and reviewing of the Law on Handling of Administrative Violations, decrees on sanctioning of administrative violations in the fields of investment, labor, environmental protection, vulnerable group protection, consumer protection and related documents, suggestions and recommendations (if any)
+ Deadline: 2027
3. Improving the efficiency of law and policy implementation
d) In environmental protection
Completing and integrating mechanisms for receiving and processing complaints from people and businesses at state management agencies (such as hotlines, reception mailboxes, dialogues, etc.) for RBP in the field of environment; stepping up the collection of data and establishment of databases on RBP in the field of environment associated with the circular economy
– Lead agency: Ministry of Natural Resources and Environment
– Outputs: Hotlines, reception mailboxes, dialogues; a database on RBP in the field of environment associated with the circular economy – Deadline: 2027
