Equality & non-discrimination

Action point 19

Promote good practices of SMEs that adopt responsible supply chain management, notably through the “CSR Compass” tool (Page 54)

Promouvoir les bonnes pratiques des PME qui adoptent une gestion de la chaine d’approvisionnement responsable, notamment grâce à l’outil « CSR Compass »

One of the most relevant instruments developed by the European Commission on supply chain management is the portal, which is part of the European Alliance for CSR. Founded by the Commission and leading companies in Europe in 2006, the Alliance brings together 260 companies. This free-to-use platform offers, among other things, information on the topic itself, a set of best practices, codes of conduct, and international frameworks. By highlighting child labour and forced labour as key issues, the portal also addresses human rights. Other major topics include corruption, discrimination, freedom of association, collective agreements, health and safety, compensation, and working hours.

Walloon Governmental Action:

The action will consist of promoting the tools available to companies, including the CSR Compass. Concretely, this will involve setting up exchange workshops between companies from the same sector and creating a practical guide for SMEs wishing to improve the ethics of their supply chain. Some companies may also engage in “strategic partnerships” with NGOs and publicly-recognized foundations on specific projects. Indeed, companies will make available, free of charge, to an NGO certain voluntary employees whose technical skills will contribute to its mission. The European Multi-Stakeholder Forum echoed these practices, stressing that NGOs are a key to success in the South in implementing socially responsible practices by multinational firms and their suppliers via partnerships.

Action point 25

Give special attention to the ratification, support, and promotion of a series of ILO conventions relating to the rights of women (Page 62)

Accorder une attention particulière à la ratification, au soutien et à la promotion d’une série de conventions de l’OIT ayant trait aux droits de la femme

Federal Government Action:

The rights of women have not been specifically anchored in the Guiding Principles on Business and Human Rights.

The Belgian government wishes to grant them a privileged place in its action within the framework of the National Action Plan for Human Rights and Business, and this, acting on several tracks in parallel:

• Ratification of conventions of the ILO in this domain

◊ C156 – Convention on Workers with Family Responsibilities;

◊ C189 – Convention on Domestic Workers;

• Ratification of the Convention 175 on part-time work. The standards on part-time work have bcome instruments increasingly important to address issues such as the pursuit of equality between men and women;
• Emphasis on the rights of women in awareness-raising carried out by the network of Belgian diplomacy;
• Systematic reference in international forums and bilaterally to ratification by the countries concerned of the Equality Pay Convention No. 100 and ILO Discrimination (Employment and Occupation) Convention no. 111

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Pillar 1. The State duty to protect human rights

Strand 3: Inclusion and Non-Discrimination [pages 35-38]

Action Point 3.1

The Ministry of Labour will:

• Perform a series of actions aimed at the protection and defense of human and labour rights of migrants through:

• The identification of migrants that may benefit from State programmes on labour matters.
• Training and awareness actions regarding the rights of migrants in the labour market for civil servants, unions and migrant associations.
• Seek to increase the incorporation and participation of women in the labour market through programmes benefiting this group such as: Bonus to Reward the Work of Women; Programme to Develop Labour Competences for Women, Chile Solidario.
• Promote and ensure the participation of women workers in unions.
• Foster parental responsibility through the development of Special Covenants where unions may agree with the employer upon certain covenants aimed at offering workers with parental responsibilities the chance to access to labour schemes combining time at the workplace with time out of the workplace, as set out by article 376 of Law No. 20,940.

Action Point 3.3

The Ministry of Mining will generate the conditions for transiting to an inclusive organisational structure that includes the acknowledgement of respect and diversity in their practices. They will do this carrying out the following actions:

• Talks about business and human rights addressed at key actors in the small, medium and large-scale mining industry.
• Through the participation in Regional Boards and in the National Board for Women and Mining, the development of an action plan will be supported to raise awareness and motivate the different public and private actors involved in the mining industry in subjects such as gender equality. Likewise, the implementation of conditions for women to stay and develop a career in the mining industry and get equal pay will be fostered, as well as the creation of good labour practices and the balance between work, family and personal life.

Action Point 3.4

The Ministry of Economy, Development and Tourism, through the Division of Associativity and Social Economy will:

• Create incubators of inclusive cooperatives in conjunction with SENADIS, the Ministry for Women and Gender Equality and local governments, in five districts -through training sessions in four different regions about the programme of female leadership in cooperatives.
• Encourage the organisation of training and support for the effective exercise of gender parity at democratic representation bodies within cooperatives.

Action Plan 3.6

The Ministry for Women and Gender Equality will:

• Carry out activities in conjunction with the Danish Embassy to encourage the respect of human rights in women regarding corporate activity. The activities will be performed within the framework of the Memorandum of Understanding about “Gender Equality and Sustainability, including Business and Human Rights.”
• Organise training sessions for union leaders of State business enterprises about the union’s challenges regarding gender-focused demands.
• Organise training sessions for human resource staff working in State business enterprises and other businesses about the balance between work and family life.
• Disseminate Chilean Regulation No. 3262 to civil servants and business enterprises.
• Encourage gender equality in business enterprises through the Iguala Seal.
• Train civil servants about the balance between work and family life.

Strand 5: Public Contracts

Action Point 5.4 [page 43]

The Ministry of Social Development will: …

• The National Disability Service will review the operation of Guideline 17 about inclusive public purchases that promote equal opportunities in the public marketplace, with the purpose to improve its enforcement in line with the Guiding Principles.

Strand 6: Strengthening coherence between public policies

Action Point 6.2 [page 45]

The Ministry of Social Development will draft a proposal for gathering information about business and human rights, which includes the following: …

• Through the National Service of the Elderly, will coordinate dialogues about the services that provide the elderly residences with a human rights approach through protocols guidelines. The dialogues will be with enterprises at a regional level that provide services of care to elderly people to disseminate the guidelines the Service has define.

Action Point 6.3

The Ministry of Foreign Affairs will: …

• Through the General Directorate of International Economic Relations, it will: · Reinforce the work of committees created pursuant to chapters contained in trade agreements about… gender..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.

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VIII. FUNDAMENTAL PILLARS

(…)

i. Fundamental Pillar 1: The State’s obligation to protect human rights

(…)

Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity

• The Presidential Advisor’s Office for Human Rights and International Affairs will carry out accompaniment and advice sessions for employers on the importance of labour inclusion for the vulnerable population, highlighting its importance in the reactivation phase of Covid-19.
• The Presidential Advisory Office for Human Rights, together with the Presidential Advisory Office for Competitiveness and Public-Private Management, the Presidential Advisory Office for Women and the ICBF [Instituto Colombiano de Bienestar Familiar] will carry out the articulation mechanisms for the implementation of gender parity initiatives that involve women and girls.
• The Ministry of Telecommunications [Mintic] will enhance the relay centre as a two-way communication service platform that allows deaf and hearing people to communicate with each other.
• The Ministry of Labour will design a toolkit developed within the framework of the national human rights strategy on the right to equality and non-discrimination.
• The Ministry of Labour will provide training on specialised labour demand services aimed at strengthening human talent management.
• The Ministry of Labour [Mintrabajo] will design a primer in the framework of the National Human Rights Strategy on the right to equality and non-discrimination.

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National Action Plan – production and objectives

Existing plans, initiatives and strategies [page 8]

The Czech Republic has long set great store by the topic of human rights both generally and in connection with the activities of businesses. Human rights in a business context is covered, for example, by the following strategy documents:…

• Government Strategy for Gender Equality in the Czech Republic 2014-2020

The objectives of this Action Plan are consistent with the Strategic Framework of the Czech Republic 2030, in particular its tenets of “Let’s preserve and support diversity” and “Let’s respect fundamental human rights”. It supplements the Strategic Framework’s activities in the key areas of “People and society” and “Economic model”.

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2. The State Duty to Protect Human Rights

2.3 Actions Taken

Protection of human rights in the business sphere in Danish legislation [page 12]

General Danish law contributes to fulfilling Denmark’s duty under human rights treaties to which it is a party against human rights abuses by private actors, including businesses. For example, the Danish parliamentary act prohibits differential treatment in the labour market from 1996 protecting against discrimination based on race, gender, skin colour, religion, political opinion, sexual orientation or national, social or ethnic origin. It is also an offense to refuse to serve a person on the same terms as others involved in commercial or non-profit company because of his/hers race, colour, national or ethnic origin, religion or sexual orientation. The Working Environment Act of 2005 and the Act on the Work of Young Persons from 2005 implement the EU Directive 94/33/EC from 1994 on the protection of young workers.

Appendix 2: Overview of the implementation of the access to remedy

GP 27 Access to remedy

State-based non-judicial grievance mechanisms

Status in Denmark (initiatives implemented before the UN ratification of the Guiding Principles) [page 34]

…Denmark has mechanisms for dealing with cases of race, gender, disability, age, religious discrimination in employment or services, etc.

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Introduction [page 11]

The Finnish social contract is based on interaction and on an aspiration to consensus. The desire to include everyone is also part of the open interaction. In Finland, there has been a desire to construct a society based on equality and to develop methods and a culture is sensitive to the impact of equality and gender. Equal treatment is taken into consideration in all the legislation and preparation of the national budget, various central government programmes and projects, and personnel policies.

1. The State Obligation to Protect Human Rights [page 13]

According to the equality provision of the Constitution, no one may be treated differently based on sex, age, origin, language, religion, conviction, opinion, health, handicap or other reason related to the individual. In addition, the Constitution states that children should be treated equally as individuals and that it should be possible for them to be involved in matters relating to them in accordance with their development. The current public authority, municipality or other body exercising public authority must ensure the realisation of fundamental and human rights.

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II. The State’s Obligation to Protect Human Rights

The European Framework

8. Trade and Investment Agreements [page 30]

… ISDS [investor-State dispute settlement] makes it possible to obtain rulings against States that do not respect their commitments (for example, due to discrimination on the basis of gender, religion, nationality, etc.) …

Actions Underway:

• The AFD [The Agence Française de Développement] is working to reduce gender inequality in AFD-funded operations.

…

II. Business’ Responsibility to Respect Human Rights

3. Risk Analysis and Impact Assessment

Practical tools addressing specific issues [page 41]

• ILO has created a business helpdesk providing questions and answers, resources and tools on issues connected with … discrimination …

…

III. Access to Remedy

1. Judicial Mechanisms – At the National Level

1.4 Proceedings

The jurisdiction of French courts to hear criminal matters [page 49]

… More specifically, 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 … equality laws (gender discrimination, anti-union discrimination, denying the freedom to work, corruption) …

Collective Actions [page 51]

… 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…

2. Non- Judicial Mechanisms – At the National Level

2.5 The Defender of Rights [page 58]

… Any individual or legal entity can call on the Defender of Rights when they consider that they have been discriminated against or when they observe public or private representatives of law and order (police officers, customs officers, security guards, etc.) engaging in improper conduct …

… Given the Defender of Rights’ jurisdiction over discrimination-related matters, he/she plays a role in dealing with cases and mediation proceedings concerning CSR.

2.6 Grievance Mechanisms in Companies [pages 58-59]

Pursuant to UN Guiding Principle 29, “To make it possible for grievances to be addressed early and remediated directly, business enterprises should establish or participate in effective operational-level grievance mechanisms for individuals and communities who may be adversely impacted”, companies establish their own grievance mechanisms …

In practice, grievance mechanisms in companies are generally: …

• Mechanisms dealing with specific issues: harassment, discrimination, specific activities or specific countries

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Objective 25.3.1: Analyse existing situation regarding direct and indirect state involvement and define suggestions for creating effective mechanisms with the aim to prevent discrimination.

Objective indicator: Analytical document of existing situation through experts’ involvement.

Activities:

1. Planning actions of sharing recommendations and implementing them.
2. Implementing agreed action plan.

Responsible agency: Administration of the Government of Georgia.

No partnership agency.

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1. The State Duty to Protect

1.1 Basic rules of economic policy

Protection within states’ own territory – challenges within Germany

The current situation [page 15]

The precept of equal rights for men and women is constitutionally enshrined as a fundamental right in Article 3(2) of the Basic Law. Participation by men and women on an equal footing at all levels is a top priority of the Federal Government. Since 1 May 2015, for example, the Act on the Equal Participation of Women and Men in Leadership Positions in the Private and the Public Sector has been in force. The aim of the Act is to increase significantly the percentage of women in executive positions in the medium term with a view to ultimately achieving parity with men. The principle of equal pay for equal work has also been firmly enshrined in the European treaties since the adoption of the Treaty of Rome.

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Section 2. Current legislative and regulatory framework

Equality [page 14]

The government is committed to promoting equality in all aspects of Irish society. The statutory-based Irish Human Rights and Equality Commission works towards the elimination of discrimination and the promotion of equal opportunities. It is tasked with providing information and advice to persons who consider themselves discriminated against on any of the nine grounds in employment or non-employment situations. Recent positive developments on equality issues include the introduction of statutory paternity benefit in 2016 and the launch of a new National strategy for Women and girls in may 2017. Work is also progressing on a new equality/disability (miscellaneous Provisions) Bill. Ireland has been elected, for the first time, to serve on the United Nations Commission on the status of Women for the term 2017-21. This will provide an opportunity to build on Ireland’s international engagement on the full realisation of the rights of women and girls. The government has pledged to work to strengthen the voice and functioning of the Commission and to promote the participation of civil society in its work.

Annex 1 – list of additional and ongoing actions to be carried out across government

Development Cooperation [page 21]

20. Promote the inclusive economic growth policy priority set out in “one World, one Future: Ireland’s Policy for international development”, by encouraging and supporting partner governments to ensure that business and economic regulation and legislation implements national and international commitments to human rights such as those relating to gender equality – in particular promoting women’s access to formal employment, decent work, and the rights of marginalised groups.

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II. Premises

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:

The fight against discrimination and inequality and the promotion of equal opportunities” (p. 10)

c) National Priorities

“3. Combating all forms of discrimination in the definition of business companies’ strategic priorities in order to guarantee a performance that respects diversity, with particular reference to automated information management mechanisms and digital sustems” (p. 11)

IV. Italian ongoing activities and future commitments

Gender dimension

“With regard to gender discrimination in the workplace, territorial offices of the National Labour Inspectorate (INL), performing their supervisory activity, also carry out investigations in relation to equal opportunity regulations and the prohibition of gender discrimination in the workplace, including in terms of remuneration.” (p. 31)

The principle of Diversity management in the business context

“In general, the issue of inclusion of vulnerable people in the workplace and the promotion of diversity management is a strategic line of action under the mandate of the National Anti-Racial Discrimination Office (UNAR).

(…)

On 24 November 2020, a Memorandum of Understanding was signed between UNAR, trade unions and employers’ organizations for the prevention and combating of discrimination in the workplace and the enhancement of differences. UNAR is also engaged in the implementation of specific actions to support sociooccupational inclusion of vulnerable persons, particularly at risk of marginality (transgender persons, RSC) under the NOP Inclusion 2014-2020, which will be reproposed also in the EU 2021-2027 programming. On this matter during 2020 the INL inspection staff implemented, as usual, initiatives for the prevention and promotion of legality, through the organization of specific information meetings, pursuant to Art. 8, paragraph 1, Legislative Decree No. 124/2004. It also deals with equal opportunities and combating discrimination in the workplace. Such regulation is among the competences of Labour Inspectorates at the local level. Through their own inspection staff, they can organize specific events with the purpose of guaranteeing and assuring proper compliance with labour regulations and social security and assistance measures, focusing on the social relevance as well as on legislative and interpretative innovations from Administrations. These initiatives are addressed not only to employers but also to all subjects operating in the labour market (in particular trade associations, professional unions and professional orders). Moreover, specific initiatives are carried out in schools in order to spread the culture of legality among the future actors of the labour market.

(…)

Important advances have also been recorded from the point of view of employers’ compliance with Law No. 76/2016 on civil unions, which includes, among other things: ‘marriage’ leave; obligation to extend leaves and permits provided by legislation and collective bargaining for certain family care needs (e.g., monthly paid leave to assist a partner with a severely disabled ascertained by Law No. 104/1992); obligation to extend welfare schemes, introduced by means of company collective agreements, concerning benefits (in addition to those provided for by collective bargaining) in terms of education, recreation, social or health care, flexible working hours, smart working.

Finally, with regard to the gender dimension, during 2020 an important collaboration process was launched between the National Equality Advisor and Sodalitas Foundation, which represents companies that have signed the Charter for Equal Opportunity and Equality at Work in order to define a plan to relaunch the Charter in partnership with the Ministry of Labour and Social Policies. In this context, a number of activities were launched: monitoring of the Charter’s current signatories; design of a self-assessment tool on the implementation of the principles of diversity and inclusion; design of a new dedicated website; design of a bonus mechanism that provides a score for the most committed companies. On 12 November 2020, the event entitled “Integrating diversity at work: a valuable choice. The Charter for Equal Opportunities to spread the culture of diversity in companies” was held: it highlighted the essential role of creating partnerships and networks involving companies, national institutions and the EU Commission, in order to encourage change and reduce inequalities in the labour market. On this occasion the work of the “EU Diversity Charters Platform” of the EU Commission was presented, in which Italy launched the Charter for Equal Opportunities and best practices of some companies involved.” (p. 42)

ANNEX 1 – Accountability Grid and Assessment Tools for the Implementation of the NAP

“11. Promote in a strengthened way women’s leadership and women’s empowerment in the business sector, through an effective implementation of Law No. 120/2011, and to strengthen measures to prevent gender discrimination in the workplace – depending on the better implementation of Law No. 4 of 15 January 2021 of ratification of the International Labour Organization Convention No. 190 on the Elimination of Violence and Harassment in the Workplace. To this complex end, further actions will be promoted to: i) certify equality for companies through the definition of a simple, fast, streamlined and objective tool that measures the situation of staff according to different factors (recruitment, remuneration, career development), capable of stimulating change and having an impact on the entire productive and social system; ii) assess the gender impact (ex-ante and ex-post) in all business processes, in particular with regard to corporate restructuring processes (relevant for safeguarding gender balance in the post-Covid phase); (iii) to promote transparency measures provided for in current legislation on compliance with gender equality rules by companies and public bodies.” (p. 62)

“22. Encourage businesses in the dissemination of a culture of nondiscrimination by: i) the promotion of agreements/protocols of understanding with trade unions and employers’ organizations for common and synergic actions to prevent and combat forms of discrimination in the workplace and for the full inclusion of workers; ii) the collection of statistical data on discrimination in employment and diversity management practices in Italian companies; (iii) the promotion of good inclusive practices in the workplace; (iv) the promotion of socio-occupational inclusion of transgender people, also through information, training, accompaniment and support to self-entrepreneurship; v) the promotion of an action to involve Italian companies, in line with UN Standards Standards of Conduct for Business on Tackling Discrimination against LGBTI people, in order to prevent and countering discriminatory behaviors and conducts against LGBTIQ+ persons and ensuring the full enjoyment of their rights; vi) the promotion of socio-occupational inclusion of Roma, Sinti and Caminanti people in precarious socio-economic conditions also through actions aimed at starting employment diagnoses, planning of personalized support towards training and employment, promotion of active social policies to encourage participation in the labour market as well as opportunities and strategies for the development of entrepreneurial initiatives (such as, for example, accompaniment and support for business start-up and/or repositioning of economic companies operating in critical sectors); vii) the promotion of entrepreneurial policies and good practices on inclusion and diversity management, entailing the implementation and reporting of the Charter for Equal Opportunities and Equality at Work.” (p. 65)

“23. Monitor the application of artificial intelligence in the workplace (e.g. recruitment mechanisms) for the purpose of assessing impact on human rights in terms of inclusion and non-discrimination.” (p. 65)

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Chapter 2. Action Plan

2. Areas of the NAP

(1) Cross-cutting areas

A. Labour (Promotion of Decent Work)

(Existing framework/Measures taken）

As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights stated in the ILO Declaration, namely: … (4) the elimination of discrimination in respect of employment and occupation. For example, … the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Equal Employment Opportunity Act) (Act No. 113 of 1972);

More recently, the revision of laws, including the Act on the Comprehensive Promotion of Labour Policies, and the Employment Security and the Productive Working Lives of Workers (Labour Policies Comprehensive Promotion Act) (Act No. 132 of 1966) in 2019 has resulted in new requirements for employers to establish necessary measures regarding employment management, such as the provision of counseling services, to prevent the abuse of authority, or so-called “power harassment,” in the workplace. The revision of these laws has also strengthened preventive measures against sexual harassment, such as the prohibition of disadvantageous treatment by an employer against employees who report.

(Future measures planned)

(a ）Promote decent work ((1) promoting employment, (2) developing and enhancing measures of social protection (3) promoting social dialogue, and (4) respecting, promoting and realizing the fundamental principles and rights at work)

• Continue efforts to realize decent work, including ensuring work-life balance that contributes to women’s participation and advancement in the workplace by promoting labour policies for respecting, promoting, and realizing the principles concerning the fundamental rights stated in the ILO Declaration. [Cabinet Office, Ministry of Health, Labour and Welfare]

(b) Reinforce measures against harassment

• Continue to promote initiatives to achieve harassment-free workplace environments by securing the enforcement of the revised Labour Policies Comprehensive Promotion Act and other acts. [Ministry of Health, Labour and Welfare

(c) Protect and respect the rights of workers, including foreign workers and technical intern trainees

• The Technical Intern Training Program continues to be implemented under the new framework based on the Technical Intern Training Act enacted in 2017, while also incorporating gender perspectives. This is to be done through: introduction of a license system of supervising organizations and accreditation of technical intern training plans; establishment of provisions on prohibition of abuse of human rights of technical intern trainees and penalties against supervising organizations violating human rights; onsite inspection by the Organization for Technical Intern Training; establishment of offices for consultation and reporting in technical intern trainees’ native language; and making the system more appropriate through bilateral agreements. Continue steady implementation of improvement measures designed by the project team for the operation of the Technical Intern Training Program, and implement new measures for preventing the disappearance of technical intern trainees. [Ministry of Justice, Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare]

(…)

B. Promotion and Protection of Children’s Rights

(Existing framework/Measures taken）

As measures that have already been conducted, the Government has supported initiatives in the area of education that leads to eradication of child labour and measures against trafficking in persons by contributing to the UN Trust Fund for Human Security and international organizations. In addition, the Government has supported initiatives to enhance measures against trafficking in persons and protection of such victims mainly in Southeast Asian countries, through technical cooperation by JICA (Japan International Cooperation Agency) and contributions to various UN agencies. Furthermore, the Government has been making contributions to and participating in the Asia-Pacific regional framework, the “Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime” (hereinafter referred to as the Bali Process). The Government has also taken part in the WePROTECT Global Alliance to End Child Sexual Exploitation Online. Moreover, the Government reaffirmed the G20 commitment to eradicate child labour and various forms of modern slavery in the G20 Osaka Leaders’ Declaration and the G20 Labour and Employment Ministers’ Declaration, both compiled by Japan as the chair. For these initiatives, sufficient attention has been paid to gender perspectives considering that a large number of the victims involved are women and girls.

(…)

(Future measures planned)

(a) Contribute to international efforts to eliminate child labour, including trafficking in persons and sexual exploitation

• Continue to make efforts to reinforce measures against trafficking in persons and the protection of victims with gender perspectives through technical cooperation by JICA and financial contributions to various UN agencies, in cooperation with the international community, including contribution to and participation in the Bali Process. [Ministry of Foreign Affairs]

C. Human Rights Associated with the Development of New Technologies

(Existing framework/Measures taken ）

As measures that have already been conducted, when consulted about the information on human rights violations, such as defamation and privacy infringement on the Internet, the Government has advised victims on the methods for requesting the disclosure of the sender’s information and the deletion of the information by providers. In case the victims find it difficult to recover from the damage caused by abusive content, efforts are made to remedy the damage by requesting providers to delete such abusive information. With respect to these initiatives, sufficient attention is paid to take into account gender equality perspectives as well as diversity and inclusiveness.

(…)

E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)

(Existing framework/Measures taken）

The Constitution of Japan sets forth the principle of equality before the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. Various laws have prohibited discrimination, as stated below.

With respect to persons with disabilities, the Act for Eliminating Discrimination against Persons with Disabilities (Act No. 65 of 2013, hereinafter referred to as the “Disability Discrimination Act”) prohibits governments and businesses from engaging in unfair discriminatory treatment on the grounds of disability, and prescribes that they are required to provide reasonable accommodation (companies must endeavor to provide reasonable accommodation). The Act on Employment Promotion Etc. of Persons with Disabilities (Act No. 123 of 1960) prohibits businesses from taking discriminatory measures in the area of employment based on disability and requires provision of reasonable accommodation.

With respect to women, the Equal Employment Opportunity Act prohibits discrimination against workers on the grounds of sex at each stage of employment management, and the Act on the Promotion of Women’s Participation and Advancement in the Workplace (Act No. 64 of 2015, hereinafter referred to as the “Women’s Participation Act”) encourages initiatives to promote women’s participation and advancement in the workplace.

Furthermore, the Basic Act for Gender Equal Society (Act No. 78 of 1999) lists “Respect for the human rights of men and women” as one of the pillars for realizing a gender-equal society. The Basic Plan for Gender Equality has been formulated in accordance with the Basic Act, and related measures have been implemented based on this plan. Internationally, the Government supports promotion of women’s empowerment, including through various declarations at G7 and G20 Summits, and moreover has engaged in further promotion of women’s participation in society, including the workplace by organizing the World Assembly for Women (WAW!).

In addition, a survey on business enterprises’ initiatives ensuring diverse sexual orientation and gender identity was conducted and a report on the survey results and case studies was prepared and published to promote accurate understanding on diverse sexual orientation and gender identity in the workplace.

With respect to the Ainu indigenous people who inhabit areas around the northern part of the Japanese Archipelago, especially in Hokkaido, the Act on Promotion of Measures for Realization of a Society in Which the Pride of the Ainu People is Respected (Act No. 16 of 2019) prohibits discrimination on the grounds of Ainu identity.

In the area of employment, Article 22 of the Constitution of Japan prescribes that “every person shall have freedom to … choose his occupation to the extent that it does not interfere with the public welfare.” In addition, the freedom of choice of occupation is guaranteed in both the Employment Security Act (Act No. 141 of 1947), which prescribes that “every person may freely choose any job, provided that it does not conflict with the public welfare,” and the Mariners’ Employment Security Act (Act No. 130 of 1948), which prescribes that “every person may freely choose occupation as a mariner on an appropriate vessel corresponding to the person’s ability and license or certificate in possession, or qualifications based on trainings received or experience.”

Unfair or discriminatory treatment against particular users is prohibited within the areas of residence, places or services intended for public use (hotels, restaurants, cafes, cinemas, and use of transportation).

(Future measures planned)

(a）Promote barrier-free and universal design

• Promote initiatives, including various public relations and awareness-raising activities based on the Disability Discrimination Act. [Cabinet Office]
• Promote accessibility across Japan by preparing and distributing a nationally consistent reception manual and implementing training for transportation, tourism, logistics restaurants and industries, and other industries.[Japan Tourism Agency]
• Raise the level of barrier-free standards across Japan through steady implementation of the Act for Partial Revision of the Act on Promotion of Smooth Transportation, Etc. of Elderly Persons, Disabled Persons, Etc. (Act No.28 of 2020), such as the revision of Transport Accessibility Standards and Guidelines, and the revision of the Design Guidelines of Buildings for Users with Accessibility Needs. [Ministry of Land, Infrastructure, Transport and Tourism]
• Implement various human rights awareness-raising activities to realize a society of coexistence with mutual respect for individuality and character regardless of disability. [Ministry of Justice]

(b）Promote employment of persons with disabilities

• Promote initiatives to increase opportunities for persons with disabilities to play an active role as a measure introduced under the Revised Act on Employment Promotion Etc. of Persons with Disabilities of 2019. As a measure for the public services sector, this includes making it incumbent on persons with appointive power at national and local government agencies to prepare and publish the Guidelines for Formulation of the Plan on Promoting Dynamic Engagement of Persons with Disabilities. As a measure for employers in the private sector, this includes the establishment of an accreditation system for SMEs with excellent initiatives concerning employment of persons with disabilities, and a special benefits system for employers who employ part-time workers whose weekly working hours are within a certain range. [Ministry of Health, Labour and Welfare]
• In employment of persons with disabilities, consideration will be given to individuals who are vulnerable to intersectional human rights violations, such as women with disabilities. [Ministry of Health, Labour and Welfare]

(c）Advance women’s empowerment

• Extensively present the significance of economic growth through women’s empowerment and share outcomes in business with women. [Cabinet Office, Ministry of Foreign Affairs, Ministry of Economy, Trade and Industry]
• Promote equal allocation of care work to realize work-life balance for both men and women. [Cabinet Office, Ministry of Health, Labour and Welfare]

(d）Promote understanding and acceptance of diverse sexual orientation and gender identity

• Steadily enforce the revised Labour Policies Comprehensive Promotion Act by raising awareness of the contents of the Guidelines for Preventing Power Harassment. The guidelines clarify that insulting speech and behaviors targeting diverse sexual orientation and gender identity fall under power harassment in the workplace. [Ministry of Health, Labour and Welfare]

(e) Ensure impartial treatment among employment fields

• With respect to job placement and vocational guidance, the Employment Security Act prescribes that “no one shall be discriminated against in job placement vocational guidance (rating vocational guidance under the Mariners’ Employment Security Act) for reasons such as race, nationality, creed, sex, social status” A Public Employment Security Office (Regional Transport Bureau in case of mariners) will continue to provide instruction and education for businesses recruiting through the agency to assure equal employment opportunity without discrimination on the grounds of race or ethnicity. [Ministry of Health, Labour and Welfare, Ministry of Land, Infrastructure, Transport and Tourism]
• As awareness-raising activities on fair recruitment and selection, the Government has created and made available on its website awareness-raising pamphlets for employers stating that opportunities should be opened widely for applicants and recruitment criterion should only be on the basis of suitability and ability for the occupation. Continue to make efforts such as providing explanations during training for employers on fair screening processes for employment held at the Public Employment Security Office. [Ministry of Health, Labour and Welfare]

( f ）Ensure impartial treatment in public spaces or services

• Continue steady implementation in accordance with the Hotel Business Act (Act No. 138 of 1948), which does not permit denial of lodging, etc. solely on the grounds of belonging to a specific race or ethnicity, or of being a same sex couple. [Ministry of Health, Labour and Welfare]
• Steadily implement the Ordinance for Enforcement of the Act on Development of Hotels for Inbound Tourists (Ministry of Transport Order No. 3 of 1993), which prohibits registered hotels from engaging in unfair discrimination against inbound international travelers or unfair discrimination between inbound international travelers and other guests concerning accommodation fees, food and beverage fees, and other services provided. [Japan Tourism Agency]

F. Acceptance of and Coexistence with Foreign Nationals

(Existing framework/Measures taken）

In recent years, the number of foreign nationals residing and working in Japan has been increasing, and there is a greater need for realizing a society where Japanese and foreign nationals can live safely and comfortably together through properly accepting foreign nationals and realizing a society of coexistence. Under these circumstances, the Government has taken the position of accepting foreign nationals who have status of residence, including Convention refugees and third-country resettled refugees as members of society without isolating them. To fully develop an environment where foreign nationals can enjoy the same public services and live without undue anxiety just as Japanese nationals do, the Ministerial Conference adopted the “Comprehensive Measures for Acceptance and Coexistence of Foreign nationals” (hereinafter referred to as “Comprehensive Measures”) in December 2018, and compiled a further document titled “Enhancement of “Comprehensive Measures” (hereinafter referred to as “Enhancement Measures”) in June 2019. The Comprehensive Measures were revised in line with the direction of the Enhancement Measures in December 2019, under which the Government has worked together to steadily promote the relevant measures.

Moreover, in July 2020, in consideration of the situation of implementation of related measures, the Comprehensive Measures were revised from the perspective of further enhancing and encouraging the environment for acceptance of foreign nationals.

（Future measures planned）

Improve and promote the development of an environment for acceptance of foreign nationals leading to realize a society of harmonious coexistence

• To realize a society of harmonious coexistence, the Government continues to steadily implement, promote and disseminate the measures related to various situations in life incorporated in the Comprehensive Measures (revised in 2020), including measures that contribute to business and human rights, while listening to the opinions of relevant parties. [Cabinet Secretariat, Cabinet Office, National Police Agency, Financial Services Agency, Consumer Affairs Agency, Fair Trade Commission, Ministry of Internal Affairs and Communications, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Education, Culture, Sports, Science and Technology, Ministry of Health, Labour and Welfare, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry, Ministry of Land, Infrastructure, Transport and Tourism]

(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights

A. Public Procurement

(Existing framework/Measures taken）

the Government has promoted enhanced awareness by companies for respecting human rights and the environment in accordance with the … Women’s Participation Act …

(Future measures planned）

Thoroughly implement procurement rules relevant to business and human rights, including grievance procedures (initiatives based on Act on Priority Procurement Promotion for Persons with Disabilities, initiatives related to public procurement based on Article 24 of the Women’s Participation Act, and initiatives concerning exclusion of organized crime groups)

(…)

• Continue to award additional points to business enterprises with certification under the Women’s Participation Act and other laws, when the Government and incorporated administrative agencies use criteria other than price (in the procurement procedures applying to the overall‐greatest‐ value evaluation method and the competitive proposal evaluation method). The aforementioned certification is provided to business enterprises promoting measures, such as work-life balance. This scheme is being implemented in accordance with the Guidelines for Utilization of Public Procurement and Subsidies Towards the Promotion of Women’s Advancement (decided by the Headquarters for Creating a Society in Which All Women Shine on March 22, 2016) and other criteria. [Cabinet Office]

B. Development Cooperation and Development Finance

(Existing framework/Measures taken）

When engaging in development cooperation projects, internationally established human rights standards, including the international human rights treaties, have been respected. Particular attention has been paid to human rights of socially vulnerable groups, such as women, indigenous people, persons with disabilities, and minorities. Nevertheless, further efforts are required in this regard.

(…)

Furthermore, the National Action Plan for the implementation of the UN Security Council Resolution 1325 and related resolutions on Women, Peace and Security incorporates the following elements in all activities in the areas of peace and security, humanitarian assistance, and recovery: women’s participation and empowerment; measures corresponding to women’s needs; promotion of gender equality; and protection of women’s human rights.

(Future measures planned)

Implement effective measures regarding environmental and social consideration in the fields of development cooperation and development financing

(…)

• From gender perspectives, “IV. Humanitarian and Recovery Assistance” initiatives, including the area of development cooperation in the National Action Plan on Women, Peace and Security, fall under the context of business and human rights. The Government continues to incorporate gender perspectives in the implementation of Japan’s assistance when collaborating with companies for JICA (Japan International Cooperation Agency) and UN projects. [Ministry of Foreign Affairs]

(4) Measures regarding Access to Remedy

Judicial and Non-Judicial Remedy

(Existing framework/Measures taken）

(…)

As measures based on specific legislation, frameworks have been established in specific areas, including for workers and persons with disabilities.

(…)

(Future measures planned)

(…)

d) Continue human rights counseling (Human Rights Hotline and other relevant counseling sessions, including telephone counseling)

• Provide human rights counseling in ten foreign languages by Human Rights Counseling Centers for Foreigners. Dedicated hotlines have also been established for protecting the human rights of women and children. [Ministry of Justice]

(…)

(f) Continue and reinforce measures, including those based on specific legislation (for workers, persons with disabilities, and foreign workers, including technical intern trainees, and for whistleblower protection)

• In accordance with the Technical Intern Training Act, continue to report to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare. Provide counseling by the Organization for Technical Intern Training to technical intern trainees in their native languages, and support transfer of workplace when human rights violations occur and technical intern trainees find it difficult to undertake training. [Ministry of Justice, Ministry of Health, Labour and Welfare]

(…)

(5) Other measures

In addition to measures aligned with the three pillars of the UNGPs, the Government contributes to measures against various issues expected in relation to business and human rights through the following measures.

(Future measures planned)

Promote quality infrastructure investment (the G20 Principles for Quality Infrastructure Investment)

In the G20 Principles for Quality Infrastructure Investment approved at the G20 Osaka Summit, “Principle 5. Integrating Social Considerations in Infrastructure Investment” states that infrastructure should enable the economic participation and social inclusion of all, and respect human rights and the needs of all people, especially those who may experience particular vulnerabilities, including women and children. Japan has actively appealed for dissemination and establishment of the G20 principles and led the discussion in the international community, and will contribute to the solution of various issues expected in relation to business and human rights by continuing to promote the principles. [Ministry of Foreign Affairs]

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1. Objectives and Measures

Objective 1: Ensuring State’s duty to protect, defend and respect human rights [page 1]

Protection of human rights, ensuring equal employment, social and other opportunities, gender equality, reducing gender pay gap – these are fundamental values to be pursued in labour relations and regulation of corporate activities. The Government has the obligation to ensure the above mentioned human rights in these areas. Government’s actions and measures include legislative instruments aimed at the development of a legislative framework providing for responsible business practices and elimination of corruption in the public sector. Great attention is paid to non-discrimination measures, including education on human rights, various studies and other measures that promote non-discrimination and respect for human rights. The Government also supports specific initiatives for promotion of gender equality, encourages the development of non-governmental organizations and provides financial assistance for initiatives of non­-governmental organizations in this field.

C. Measures related to research and training on non-discrimination and other human rights [page 2]

1. Research and training in non-discrimination. The Inter-institutional Action Plan for the Promotion of Non-discrimination for 2012-2014 was approved by Resolution No 1281 of the Government of the Republic of Lithuania of 2 November 2011, aims to ensure the implementation of educational measures on promotion of non-discrimination and equal opportunities, to increase legal awareness, mutual understanding and tolerance in terms of gender, race, nationality, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin and religion, to inform the public about manifestations of discrimination in Lithuania and its negative impact on equal opportunities of certain social groups to actively participate in public life.

Measures foreseen:

to conduct a study into the reasons for changes in societal attitudes and causes of discrimination, as well as the analysis of the results;

to organise seminars, informal education training and discussions on the topics of equal opportunities and non-discrimination for civil servants, trade union representatives and other target groups5;in light of the priorities for 2012 as the European Year for Active Ageing and Solidarity between Generations, announced by the European Commission (hereinafter referred to as the EC), to organise informational and qualification advancement seminars and other events on manifestations of discrimination and other human rights issues6.

It should be noted that under the Programme of the Government for 2012-20167 a working group was set up for drafting an Inter-institutional Action Plan for the Promotion of Non­ discrimination for 2015-2017.

D. Measures related to research and training on equality between men and women [page 5]

1. Research a training on equal opportunities between men and women. National Programme on Equal Opportunities for Women and Men for 2010-2014, approved by Resolution No 530 of the Government of the Republic of Lithuania of 4 May 2010 and the Action Plan for the implementation of the National Programme on Equal Opportunities for Women and Men for 2010-2014, adopted by Order No Al-323 of the Minister of Social Security and Labour of 7 July 2010, aims to ensure consistent, comprehensive and systematic cross-field implementation of the provisions of the Law on Equal Opportunities for Women and Men, as well as European Union (hereinafter referred to as the EU) and international commitments regarding gender equality.

On-going measures:

to conduct an extended study and evaluation of the development as regards treatment of women and men in all sphere to organise seminars to encourage employers to systematically promote equal treatment of women and men in the workplace and equal opportunities for women and men as regards access to employment or promotion to a senior position to organise a round table discussion on the role of social partners in the implementation of equal opportunities for women and men in the labour market;

• to organise seminars on discriminatory treatment of women and men in education;
• to organise seminars in all regions of Lithuania on the implementation of provisional special measures;
• to organise a competition for employers ensuring equal treatment for men and women.

Objective 2: promoting corporate responsibility and respect in the field of business and human rights

B. Government measures encouraging business enterprises to secure respect for human rights [page 8]

C. Planned measures

1. Promotion of social and socially responsible business. The National Progress Programme 2014-2020 approved by the Government of the Republic of Lithuania by Resolution No 1482 of 28 November 2012 (hereinatler referred to as National Progress Programme) establishes priorities for the implementation of Lithuanian progress strategy ‘Lithuania 2030’. Lithuanian Progress Strategy ‘Lithuania 2030’ defines smart economy as able to compete in the world, generating high added value and based on knowledge, integrity and social responsibility. Task ‘Implementation of sustainable development principals in businesses’ of the Lithuanian Progress Strategy goal 3 ‘Promotion of business productivity and sustainable development’ presents measures related to promotion of CSR and social businesses:

– to promote social and socially responsible business perceiving it as modern business practice;

– to promote social business by establishing a centre for competencies and good practice, accelerators, work environments for social business, mobility incentives and implementing other measures.

The National Progress Strategy also introduces horizontal principals related to sustainable development, gender equality and non-discrimination.

Objective 3: ensuring access to effective remedy

A. Implemented measures [page 9]

I. Improvement of procedures for providing state-guaranteed legal aid. The aim 1s to improve the procedures for providing state-guaranteed legal aid: to guarantee that legal regulation of state-guaranteed legal aid is carried out with respect to principles of equality, priority of peaceful settlement of disputes, quality and availability.

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Part II: Specific objectives of the National Action Plan 2020-2022

1. The state duty to protect human rights

(…)

1.15 Protection of human rights in business in the context of new information and communication technologies (ICT), including artificial intelligence (AI)

Context

(…)

In his report to the UN General Assembly in 2018, Mr David Kaye, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, analysed the topic of artificial intelligence (AI) in more detail. Within this framework, each State is obliged to uphold human rights, including the right to freedom of opinion, freedom of expression and access to information, the right to privacy, the and the right to an effective remedy.

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.

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CHAPTER II. Actions to improve the duty of the state in protecting human rights

8. Eliminate discrimination in respect of employment and occupation, guarantee the right to a living wage adequate for a decent standard of living and the right to freedom of association

Actions and measures to be implemented:

Assess whether national legislation fully reflects the provisions and obligations under ILO Convention No. 100 on Equal Remuneration, ILO Convention No. 111 on Discrimination (Occupation and Employment) and Convention No. 87 on Freedom of Association and Protection of the Right to Organise, and take measures to bring relevant laws and legislation into conformity with these Conventions.

• Time frame: 2023-2025
• Criteria: The compatibility of national legislation with the applicable Conventions is examined and appropriate conclusions and recommendations will be made. Draft amendments to relevant laws and legislation will be prepared and submitted for approval.
• Implementing organisations: MLSP [Ministry of Labour and Social Protection].
• Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Relevant ministries and organisations, CMTU [Confederation of Mongolian Trade Union], IOs.

(…)

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 p. 28

Pillar I

Combating labour market discrimination

“The NBA refers to the National Action Plan on Labour Market Discrimination as an example of the broader integration of the UNGPs into policy instruments. The Action Plan on Labour Market Discrimination was presented in 2018 and included a range of activities aimed at combating this discrimination. These included activities focusing on improved monitoring and enforcement, on research and on raising awareness among and communication to employers and employees. Combating discrimination in the recruitment and selection of trainees is also part of the approach. This action plan ran until 2021 and is being replaced in 2022 with a new Action Plan on Labour Market Discrimination. Any follow-up activities aimed at combating labour market discrimination will, as appropriate, refer to business and human rights frameworks such as the UNGPs and the OECD Guidelines for Multinational Enterprises as well as the ILO’s Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy. Consideration will also be given to which activities, such as legislation, research or communication, are suitable to refer to.” p. 29.

p. 30

Development cooperation

Sustainable trade with and investment in developing countries

“Development cooperation policy on business and human rights focuses on improving the sustainability of production and international value chains in and with developing countries in a way that helps reduce poverty and inequality. To this end it is important that a) the interests and specific situation of the developing countries in question are taken into account when designing measures aimed at making trade and investments more sustainable, and b) developing countries are supported in the transition required to meet these commitments to inclusive, green economic development.

The interests and specific circumstances of developing countries must be taken into account when drafting national, European and international agreements aimed at improving the sustainability of trade and investments. Examples include developing standards on deforestation and the climate, the circular economy, land use rights, labour, foreign trade and investments and RBC. The cornerstone of this is to determine the development impact of efforts to make trade and investment more sustainable, especially the impact on vulnerable groups such as indigenous peoples, small-scale producers, workers and agricultural labourers, with a particular focus on women and young people. This should reinforce the efforts’ positive effects and, as far as possible, prevent and mitigate any negative side effects. Developing countries receive several forms of support. First, bilateral and EU- and World Bank-led discussions take place with governments in developing countries about the transition towards greater sustainability, and ways of reducing poverty and inequality in the course of this transition. Second, Dutch civil society organisations such as trade unions and employers’ organisations receive funding to, on the one hand, strengthen sister organisations in developing countries (for example through dialogue with other local stakeholders) and, on the other, to advocate at international level the interests of, in particular, small-scale producers and workers. Third, a range of Dutch and international implementing organisations make efforts to improve the business climate and supplementary government policy in developing countries, focusing particularly on SME producers as the ones playing the most significant role in poverty alleviation. Examples include providing access to financial services, improving infrastructure and building capacity for entrepreneurs and their trade associations. Fourth, efforts are made to increase the sustainability of international value chains by working jointly with businesses, civil society organisations and other levels of government on improved procurement practices and new revenue models with a focus on work, a living wage and income, land rights and land use and the elimination of child labour.” pp. 46 and 48.

Pillar III

Improving the provision of information to affected parties

“The government will produce an accessible digital guide describing the judicial and non-judicial remedies available to parties abroad who have been affected by Dutch companies (through their international supply chains). This guide will clearly describe the possibilities for initiating a judicial or non-judicial process and what support, such as legal aid, is available. The guide can follow Germany’s example. In response to consultations, the guide will where possible take account of the additional hurdles faced by marginalised groups and unequal power relationships. This will include a gender perspective.” p. 63.

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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
…
“b. Contradictions in the provisions of Nigerian Labor Act with regards to freedom of discrimination on basis of sex at place of employment as provided by Section 42 of the Nigerian Constitution.” (p.154)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
ACTIONABLE ITEMS
G. EMPLOYMENT
“In relation to employment, the National Working Group on Business and Human Rights will develop Guidance Notes for companies to manage their employment processes in compliance with human rights standards to ensure nondiscrimination and prevent child labor. In doing so, the issues of gender, and disability concerns will be taken into consideration pursuant to relevant provisions of extant Labor Laws.” (p.158-159)
…
I. GENDER
“There will be deliberate measures to mainstream gender considerations in Business and Human Rights. Government and Business should ensure that in the award of scholarship or other benefits, employment, contracts and compensation, special consideration should be taken to cater for the interest of women. Accordingly, in all meetings, consultations, dialogue or negotiation, women should represent themselves. In addition, labour practices that are discriminatory to women with respect to employment, promotion and incentives, will be addressed and eliminated.” (p.159)

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1. Global developments and CSR

1.2 Human Rights and States Obligations [page 13]

Human rights are the fundamental rights of the individual that apply irrespective of race, colour, sex, language, religion, political or other belief, property, birth and other factors. It is the state’s duty to protect human rights, both by avoiding human rights abuses themselves and ensuring that human rights are respected by private parties under their jurisdiction. Protection of human rights is laid down in international agreements and customary international law, which is binding on states. Any violation of these rights by a state is considered to be a violation of international law.

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…the Gender Equality Act.

Read more about Norway

Some of the content in this section overlaps with the information contained under the sections on ‘Gender & women’s rights’ and ‘Persons with disabilities’.

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 of the rights of workers especially in relation to discrimination […].’

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions

3.1. General Proposed Actions

• Federal (page 15)

‘1. Conduct a mapping exercise to chart national progress made against, and steps required to advance, the four elements of the Fundamental Principles and Rights at Work, that is: […] elimination of discrimination in business activity and the workplace, including the gender pay gap, […].

Performance indicator(s): (i) Mapping exercise report

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 1 designating the Ministry of Human Rights, the Ministry of Overseas Pakistanis and Human Resource Development and the Ministry of Commerce as Leading Entities (page 42).

3.2. NAP Priority Areas

3.2.2. Anti-Discrimination, Equal Opportunity, and Inclusion (page 19)

‘As established during the NBA and consultative process, the discriminatory treatment in business activity of women and vulnerable or marginalised groups, including transgender persons, Persons with Disabilities, minorities, migrant and refugee workers, and others, remains an ongoing challenge. Though legislation at both the Federal and Provincial levels exist for the protection of marginalised or vulnerable groups, further action is needed for the elimination of all forms of discrimination in business activity and the workplace.

Pakistan, in line with its Constitution which embeds equality for all as a fundamental right, and in line with its international obligations emanating as State Party to ICCPR, ICESCR, CEDAW, ILO Convention No. 100 (Equal Remuneration), ILO Convention No. 111 [Discrimination (Employment and Occupation)], and others, is fully committed to ensuring the equal participation without discrimination and equal protection before the law of women and vulnerable or marginalised groups.’

• Federal (page 20)

‘13. Ratify ILO Convention No. 190 (Violence and Harassment).

Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 5 – Gender Equality; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 13 designating the Federal Cabinet of Pakistan, the Ministry of Foreign Affairs and the Ministry of Law and Justice as Leading Entities (page 47).

‘14. Enact proposed amendments to the Protection Against Harassment of Women at the Workplace Act, including but not limited to clarifying, and expanding where required, definitional ambiguities in light of the objective and purpose of the Act, and to promote effective and comprehensive safeguarding against all forms of harassment in all workplaces.

Performance indicator(s): (i) Enacting of proposed amendments

UN Guiding Principle(s): 1, 3, 25, 26, 27, 28

Relevant SDG(s): Goal 5 – Gender Equality; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 14 designating the Ministry of Law and Justice as Leading Entity (page 48).

‘15. Conduct a national study to determine the sectors in which significant gender disparity is prevalent, and utilise the findings of the study to assess and develop a policy regarding the mandatory reservation of quotas for women in different sectors.

Performance indicator(s): (i) Report of national study; (ii) Number of consultations for the study; (iii) Development of a policy based on the consultations and baseline assessment

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 15 designating the Ministry of Human Rights and the National Commission on the Status of Women as Leading Entities, and designating the Ministry of Commerce, the Ministry of Industries and Production, the Provincial Commissions on the Status of Women, the Ministry of Law and Justice, the Provincial Human Rights Department, the Ministry of Overseas Pakistanis and Human Resource Development, the Provincial Women Development Departments, CSOs, NGOs and the Business Community as Additional Entities (page 48).

• Federal and provincial (page 21)

‘17. Create Women and Transgender Persons’ Business Incubation Centres, and strengthen and facilitate existing ones in all Provinces, and provide equal funding opportunities for women and transgender-led businesses.

Performance indicator(s): (i) Number of Centres created or strengthened

UN Guiding Principle(s): 1, 2, 3, 5, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 17 designating the Ministry of Finance, Revenue and Economic Affairs, the Ministry of Human Rights and the Ministry of Commerce as Leading Entities, and designating the Ministry of Industries and Production, the Ministry of Information Technology, the Provincial Human Rights Departments, the National Commission on Human Rights, the National Commission on the Status of Women, the Ministry of Law and Justice, the Provincial Law Departments, the Provincial Commerce Departments, the Provincial Industries and Production Departments, NGOs, CSOs, Federal and Provincial Women Development Departments and the Business Community as Additional Entities (page 49).

‘18. Develop Labour Policies, or ensure implementation of existing Policies, which introduce a requirement for businesses to create an Internal Equal Opportunity Committee that receives complaints and conducts inquiries regarding wage gaps and discriminatory hiring practices.

Performance indicator(s): (i) Policies developed or implemented; (ii) Notification of requirement regarding internal equal opportunity committee; (iii) Number of businesses that have established an equal opportunity committee

UN Guiding Principle(s): 1, 2, 3, 22, 27, 28, 29, 30

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 18 designating the Ministry of Law and Justice, the Ministry of Human Rights and the Provincial Industries Departments as Leading Entities, and designating the National Commission on Human Rights, the National Commission on the Status of Women, the Provincial Human Rights Departments, the Ministry of Overseas Pakistanis and Human Resource Development, the Provincial Labour Departments, the Pakistan Federation of United Trade Unions, CSOs, NGOs and the Business Community as Additional Entities (page 49).

‘19. Strengthen existing, and develop where required, civil remedies for discriminatory action based on gender, ethnicity, religion, disability, age, or any other factor.

Performance indicator(s): (i) Number of remedies developed or strengthened

UN Guiding Principle(s): 25, 26, 29

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 19 designating the Ministry of Human Rights and the Ministry of Law and Justice as Leading Entities, and designating the Federal and Provincial Commissions on the Status of Women, the Ministry of Commerce, the Securities and Exchange Commission of Pakistan, the Provincial Human Rights Departments, the Provincial Women Welfare Departments, the Ministry of Overseas Pakistani and Human Development, the Federal and Provincial Ombudspersons against Harassment of Women at the Workplace, CSOs, NGOs and the Business Community as Additional Entities (page 50).

‘20. Increase access to low-interest or interest-free loans to women and vulnerable or marginalised groups. Performance indicator(s): (i) Number of consultations with financial institutions (private & public); (ii) Establishing a policy framework in conjunction with women’s advocacy groups; (iii) Implementation of policy

UN Guiding Principle(s): 1, 2, 3, 8, 12

Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 20 designating the Provincial Governments and the State Bank of Pakistan as Leading Entities, and designating the Provincial Commissions on the Status of Women, the Social Welfare and Women Development Department, CSOs, NGOs, the Business Community, the Planning and Development Department, the Industries and Commerce Department and the Labour Department as Additional Entities (page 50).

‘21. Provide capacity-building support in the value chain for women and vulnerable or marginalised groups, and build awareness about their rights under the law as well as available remedial mechanisms in case of violations of their human rights in business activity or the workplace.

Performance indicator(s): (i) Number of capacity-building and awareness-raising activities UN Guiding Principle(s): 1, 2, 3, 8, 11, 12, 25, 26, 27, 28, 29

Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 21 designating the Non-Formal Education and Human Rights Department, the Vocational Training Authorities, the Ministry of Social Welfare and Small Industries, the Women Development Department as Leading Entities, and designating the Provincial Technical and Vocational Training Authorities, the Provincial Social Welfare Departments, the Provincial Educational Departments, the Provincial Population Welfare Department, NGOs, CSOs and the Business Community as Additional Entities (page 51).

‘22. Streamline regulatory requirements and procedures for business enterprises, aiming to reduce barriers to entry in business activity faced by women and vulnerable or marginalised groups.

Performance indicator(s): (i) Number of regulatory requirements and procedures streamlined

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 22 designating the Provincial Commerce Departments, the Provincial Social Welfare and Women Development Departments as Leading Entities, and designating the Provincial Commissions on the Status of Women, the Law, Parliamentary Affairs and Human Rights Department, CSOs, NGOs, the KP Public Service Commission and the Administration Department as Additional Entities (page 51).

• Provincial (pages 22-24)

‘23. Develop Provincial policies and mechanisms, or ensure implementation of existing ones, related to the non-discrimination and inclusion of women and vulnerable or marginalised groups in business activity, and the provision of safe, healthy, and dignified working spaces for women and vulnerable or marginalised groups in the workplace.

Performance indicator(s): (i) Policies developed; (ii) Number of safe, healthy, and dignified working spaces established

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 23 designating the Provincial Governments as Leading Entities, and designating the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Women Development Departments, the Provincial Commissions on the Status of Women, the Provincial Planning and Development Departments, the Provincial Social Welfare Departments, the Ombudsperson, the Business Community, CSOs and NGOs as Additional Entities (page 52)

‘24. Identify areas through a consultative process where additional funds need to be allocated to address gender inequality in business activity and the workplace.

Performance indicator(s): (i) Number of multi-stakeholder consultations for identification of areas that require budgetary allocation; (ii) Report on areas identified where additional funding is required

UN Guiding Principle(s): 1, 2, 3, 8, 25

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 24 designating the Provincial Women Development Departments and the Provincial Planning and Development Department as Leading Entities, and designating the Provincial Finance Departments, the Provincial Law Departments, the Provincial Commission on the Status of Women, CSOs, NGOs, the Ombudsperson, the Provincial Workers Welfare Bodies, the Provincial Social Welfare Departments, the Provincial Industries Departments, the Provincial Local Governments Departments as Additional Entities (page 52).

‘25. Increase awareness about harassment at the workplace and gender-based discrimination, and existing reporting and remedial mechanisms, such as the Provincial Ombudsperson.

Performance indicator(s): (i) Number of awareness-raising activities

UN Guiding Principle(s): 2, 3, 8, 27

Relevant SDG(s): Goal 5 – Gender Equality; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 25 designating the Provincial Women Development Departments and the Provincial Commissions on the Status of Women as Leading Entities, and designating Media, the Business Community, CSOs, NGOs & INGOs, the Information, Science and Technology Department, the Training, Management and Research Wing of the SGA&CD Department, the Provincial Public Service Commissions, the Provincial Judicial Academies, the Provincial Industries Departments, the Provincial Commerce Departments, the Provincial Labour Departments and the Provincial Information Departments as Additional Entities (page 53).

‘26. Conduct Provincial mapping exercises to comprehensively assess existing challenges and deficits, and provide recommendations to eliminate discriminatory practices against women and vulnerable or marginalised groups in business activity or in the workplace.

Performance indicator(s): (i) Mapping exercise report

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 26 designating the Provincial Planning Departments, the Provincial Law Departments and the Provincial Human Rights Departments as Leading Entities, and designating the Provincial Commissions on the Status of Women, the Provincial Labour Departments, the Provincial Social Welfare Departments, CSOs and NGOs as Additional Entities (page 53).

‘27. Build, or further strengthen existing, partnerships with and facilitate businesses to increase disability inclusion in business activity and at the workplace.

Performance indicator(s): (i) Number of partnerships and activities with businesses on disability inclusion

UN Guiding Principle(s): 2, 3, 8, 11, 12

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 27 designating the Provincial Special Education Departments, the Provincial Social Welfare Departments, the Provincial Bait-ul-Maal Departments and Bodies for Persons with Disabilities as Leading Entities, and designating the Provincial Human Rights Departments, the Provincial Education Departments, the Provincial Labour Departments, the Provincial Law Departments, the Provincial Management and Professional Development Departments, the Provincial Planning and Development Department and the Provincial Health Departments as Additional Entities (page 54).

‘28. Encourage private and public sector businesses to reduce gender gap and consider developing quotas to ensure adequate participation of women in the economy.

Performance indicator(s): (i) Consultations with relevant Government/private entities and stakeholders; (ii) Formulation of Policy on quotas for marginalised groups; (iii) Number of public & private organizations that have adopted the Policy

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 10 – Reduced Inequalities’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 28 designating the Provincial Governments and the Provincial Labour Departments as Leading Entities, and designating the Provincial Human Rights Departments, the Provincial Planning Departments, the Provincial Social Welfare Departments, the Provincial Law Departments, the Provincial Women Development Departments as Additional Entities (page 54).

3.2.4. Labour Standards and the Informal Economy (page 28)

‘Pakistan has also ratified several ILO Conventions that require States to protect the rights of workers, eradicate child labour, forced labour or any forms of modern slavery. These conventions also require States to restrict working hours, prohibit all sorts of discrimination in employment and occupation […]’

CHAPTER 4: State Expectations of Business Enterprises (page 38)

‘3. Prevent, monitor, and address all forms of workplace discrimination and harassment. This can be done by complying with the Anti-Workplace Harassment Act through the establishment and operationalisation of Inquiry Committees for investigating claims of harassment within the workplace.

[…]

5. Ensure that human rights corporate policies are communicated to their employees which can be done through mandatory human rights trainings at the start of employment and through regular trainings thereafter. Specific mandatory trainings should also be conducted for all personnel, including managerial and hiring staff, on anti-discrimination and equality at the workplace, focusing on anti-harassment, equal opportunity, workplace security and maternity leave/pay.’

Annex II | Actions Already Undertaken by Pakistan

B. Measures Relevant to NAP Priority Areas

ii. Anti-Discrimination, Equal Opportunity, and Inclusion

• Gender Based Discrimination (page 74)

‘The Protection against Harassment of Women at the Workplace Act 2010 was passed to ensure the safety of women at the workplace. The Act requires each organization to ensure the creation of an inquiry committee to investigate and decide upon cases of harassment at the workplace. The power to investigate and decide upon cases of harassment also rests with the Federal and Provincial Ombudspersons for Harassment.

The Action Plan on Human Rights also sets out protection and empowerment of women as a priority area for intervention. Proposed actions include national policy guidelines on Gender Based Violence; review of all discriminatory legislation against women, establishment of new crisis centres for women and strengthening of existing centres at the district level.

Pakistan Decent Work Country Program I and II (2010-2015, 2016- 2020) are aimed at reducing discrimination faced by women at the workplace, with the objective of improving gender equality and facilitating access to equal work opportunities. It also requires business enterprises to comply with the principle of non-discrimination.

The Transgender Persons (Protection of Rights) Act 2018 has been promulgated prohibiting discrimination against transgender persons. It explicitly prohibits unfair treatment in relation to employment, trade or occupation and the denial of or termination from employment or occupation based on gender. In this regard, a new welfare project for transgender persons has also been planned comprising skill-building and access to credit.

[…]

The National Commission on the Status of Women was created to promote and protect the economic, social, political, and legal rights of women.

Domestic legislation has been promulgated within Khyber Pakhtunkhwa, Sindh and Punjab which ensure maternity benefits for women in employment.’

• Punjab (page 75)

‘The Punjab Maternity Benefit Ordinance states that women cannot be discriminated against based on being expectant mothers. It establishes that employers must pay maternity benefits in such cases prior to and after the birth of the child.

The Punjab Commission on the Status of Women was established by the Punjab Commission on the Status of Women Act, 2014 and enjoys a broad mandate, which includes the monitoring, implementation, and protection of laws to advance gender equality and to eliminate discriminatory practices against women. The Commission makes policy suggestions and undertakes research and is mandated to take up inquiries, and deal with relevant complaints. The Commission has also introduced a project on generating data “to advance Women’s Social and Economic well-being in Punjab” which aims to encourage female participation in the economic sphere, free from discrimination.’

• Sindh (page 76)

‘The Sindh Maternity Benefit Act 2018 prohibits discrimination against women based on being expectant mothers. It establishes that employers must pay maternity benefits to women employees prior to and after the birth of their child.

[…]

The Sindh Commission on the Status of Women was established pursuant to the Sindh Commission on the Status of Women Act, 2015. However, the Commission was set up in 2017 after a two-year delay in drafting the Rules of the Commission. It is mandated to promote and respect compliance with social, economic, political, and legal rights of women to ensure the eradication of discriminatory practices against women.’

• Khyber Pakhtunkhwa (page 76)

‘The Khyber Pakhtunkhwa Maternity Benefits Act 2013 creates an obligation on all employers operating in the Province to not knowingly employ new mothers at least till after 6 weeks of childbirth. Additionally, Section 7 states that employers cannot dismiss a woman without sufficient cause, only based on her pregnancy, and Section 5 makes provisions for maternity benefits to be paid for a period of 12 weeks. Such laws allow the protection of women, especially expectant mothers from discriminatory practices and regulate business activity to ensure that adverse impacts on the rights of women are curtailed.’

• Balochistan (page 77)

‘The West Pakistan Maternity Benefit Ordinance 1958 applies in Balochistan which states that women cannot be discriminated against based on being expectant mothers. It establishes that employers must pay maternity benefits in such cases prior to and after the birth of the child.

The Women Development Department, Balochistan was created in 2009 and its primary aim is the elimination of socio-economic discrimination against women. It is responsible for the implementation of the National Action Plan for Women and the implementation of CEDAW for Balochistan, which includes the creation of policies and regulatory practices that target business enterprises to curb discrimination against women at the workplace.

The Gender Equality and Women Empowerment Policy was launched in 2013 and the Action Plan there under has authorized the Women Development Department to implement the same.’

a) Inclusion of Vulnerable Groups and Marginalised Communities in Workplace

• Punjab (page 78)

‘The Disabled Persons (Employment and Rehabilitation) Ordinance 1981 applies in Punjab and provides support to Persons with Disabilities to find employment and be treated equally at places of work.

The Punjab Minimum Wages Act 2019 prohibits employers from paying less than the minimum wage to any employee, thus the payment of lower wages on a discriminatory basis towards vulnerable and marginalised communities, for example, religious minorities, is not permitted.

[…]

The Human Rights and Minorities Affairs Department was established in 2008 to uplift minority rights and promote human rights in Punjab. The Department deals with human rights abuses and has established a Minority Advisory Council and a Provincial Task Force on human rights to promote economic, social, and religious welfare of minorities to ensure that discriminatory practices are curbed by way of suggestions for legislative change.

The Provincial Council for Rehabilitation of Disabled Persons has the mandate to safeguard the rights of Persons with Disabilities. This includes the creation of policies which encourage anti-discriminatory laws in all spheres, including non-discrimination in employment.’

• Sindh (pages 78-79)

‘Section 8 of the Sindh Differently Abled Persons (Employment, Rehabilitation and Welfare) Act 2014 stipulates that not less than 2% of the total number of persons employed must be Persons with Disabilities.

The Sindh Minimum Wages Act 2015 prohibits employers from paying less than the minimum wage to any employee, thus the payment of lower wages on a discriminatory basis towards vulnerable and marginalised communities, for example, religious minorities, is not permitted.’

• Khyber Pakhtunkhwa (pages 79-80)

‘The Khyber Pakhtunkhwa Disabled Persons (Employment and Rehabilitation) Amendment Act, 2012 focuses on the regulation and introduction of laws and practices that curb anti-discrimination against Persons with Disabilities in employment and emphasizes the need to ensure equal opportunities for such individuals as well.

The Khyber Pakhtunkhwa Minimum Wages Act 2013 prohibits discrimination based on religion in the payment of wages.

[…]

The Khyber Pakhtunkhwa Directorate of Human Rights was established in 2014 by way of the Promotion, Protection and Enforcement of Human Rights Act. The Directorate deals with monitoring human rights in the Province of Khyber Pakhtunkhwa and reviews existing law and its compliance with international instruments which Pakistan has ratified which includes a review of discriminatory practices to ensure that economic, social, political, and legal rights are available to all without any distinction.’                                                                                            

• Balochistan (page 80)

The Balochistan Assembly has introduced the Persons with Disabilities Act 2017 which requires the Government to ensure that Persons with Disabilities are given equal opportunities to pursue their economic, social, and cultural rights. To eliminate discrimination against Persons with Disabilities, the Act mandates a 5 percent quota for employment which applies to corporate entities as well.

The Social Welfare Department Balochistan was established in 1962 and aims to provide a better social environment in Balochistan. It assists in the formulation and publication of programs for the protection of human rights in the Province and aims to eliminate all forms of discrimination and inequality by harmonizing existing laws with international human rights instruments.

Read more about Pakistan

Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050

Axis 1. People reach their potential with equal opportunities and without discrimination to enjoy a full life. – page 54

Strategic guideline No. 1: Promotion and dissemination of a culture of respect for human rights in the business environment in accordance with the framework of international standards of the guiding principles and other international instruments.

Objective 2: Organized civil society (members of civil society organizations, trade unions, and indigenous peoples) are aware of and promote the implementation of the guiding principles and other related international instruments in their activities.

9.

Action: Guarantee the rights, especially the rights to equality and non- discrimination, of specially protected groups (LGBTI, the elderly, people with disabilities, women, migrants, Afro- Peruvians, indigenous peoples) in consumer relations

Indicator: Number of training activities on equality and non- discrimination in consumption and/ or advertising for suppliers and/or consumers. – page 62

11.

Action: Coordinate with the business sector to develop training plans on best practices in gender equality and non-discrimination in the workplace.

Background: It is necessary to promote training opportunities in the business sector on good practices in equality and non- discrimination in business management, in order to help close gender gaps and promote women’s participation in the labor market.

Indicator: Number of training plans on best practices in gender equality and non- discrimination in business management (Action Indicator). – page 63

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.

42.

Action: Incorporate the human rights approach, taking into consideration the GP-BHR and other international standards, in the services provided by the Ministry of Labor and Employment Promotion.

Background: Promotion of measures to ensure equal treatment and non-discrimination of persons using the services provided by the Ministry of Labor and Employment Promotion.

Indicator: A guide that incorporates the human rights approach. – page 83

54.

Action: Promote the rights and non-discrimination of foreign migrants by companies.

Background: Companies have an important role to play in respecting the human rights of migrants, so it is necessary to avoid situations of discrimination or stigmatization in the workplace, which could prevent access to work because of their origin.

Indicator: CONACOD’s work program to strengthen the complaint system and dissemination of this anti- discrimination mechanism + Cases followed up by CONACOD to resolve discrimination. – page 91

Read more about Peru

2. Ministry of Development Funds and Regional Policy

Regulations on European Funds

[page 6]

“As in the years 2014-2020, projects implemented under national and regional Operational Programmes will have to contribute to ensuring equal opportunities for different target groups and thus comply with the applicable national and EU law. Currently, works are underway on the detailed provisions of the regulations relating to EU funds and setting out the directions for activities in this respect.”

Activities under the European Social Fund

[page 6-7]

“The scope of support under ESF+ is currently subject to arrangements and consultations.”

(…)

“Measures will also be implemented aimed at consolidating the principle of equal opportunities of women and men by supporting employers and employees, inter alia through involvement of social partners, as regards counteracting discrimination on the grounds of sex in the work place.”

(…)

“Ensuring greater availability of care facilities for children below the age of three is one of the key instruments influencing the professional situation of parents and carers, especially women, who are most often responsible for childcare. Increasing the reach of care institutions therefore has a positive impact on the issue of equal opportunities in the labour market. For this reason, ESF+ resources will be used to finance establishment and operation of nurseries, child clubs and day carers as well as activities ensuring high quality of care (such as trainings for personnel of care institutions).

Measures will also be implemented aimed at consolidating the principle of equal opportunities of women and men by supporting employers and employees, inter alia through involvement of social partners, as regards counteracting discrimination on the grounds of sex in the work place.”

3. Ministry of Economic Development and Technology

Implementation of the UN Sustainable Development Goals (2030 Agenda)

[page 13]

“Building partnerships and enhancing the dialogue with 2030 Agenda stakeholders, as well as striving to increase their real involvement in issues relevant for sustainable development – such as social responsibility, equality between women and men, ensuring decent work, sensitivity to climate change, sustainable consumption and production – will remain crucial”.

4. Ministry of Family and Social Policy

The first Polish Strategy for Persons with Disabilities 2021–2030

[page 18]

“In 2020, a draft Strategy for Persons with Disabilities was developed in the Ministry of Family and Social Policy.”

(…)

“Another priority area is ‘Accessibility’. Accessibility is one of the basic conditions for participation of persons with disabilities in social and professional life. For this group of people, it determines the possibility of performing social roles and leading an independent life. It also entails ensuring to persons with disabilities access, on an equal basis with others, to the physical environment, buildings, transportation, information and communications technologies and systems, and to other facilities and services.

The basic condition for effective social and professional activation in the case of persons with disabilities is also access to the educational system, hence ‘Education’ priority is another key area. Measures in this area will serve implementation of provisions of Article 24 of the Convention on the Rights of Persons with Disabilities, which indicates the obligation to realise the right of persons with disabilities to education without discrimination and on the basis of equal opportunity, while ensuring an inclusive educational system.”

[page 19]

“Another priority area of the Strategy is ‘Work’. Within this area, there are measures envisaged to foster greater professional activity of persons with disabilities and enhance possibilities of their employment in an open, inclusive and accessible work environment, pursuant to Article 27 of the Convention on the Rights of Persons with Disabilities. Measures within this area focus on: limitation of barriers in undertaking professional activity.”

[page 19-20]

“The last of the eight priority areas of the Strategy is ‘Coordination’. Implementation of the new state policy for supporting persons with disabilities requires appropriate institutional reform to remedy the diagnosed systemic problems. The measures designed within this priority area seek to establish a framework to ensure coherence of the system and development of cooperation between institutions dealing with problems of people with disabilities. The planned measures include, among others, reform of the disability degree certification system, development and implementation of an act on equal opportunities for persons with disabilities in the Polish legal system, coordination of systemic support for persons with disabilities, including in emergency situations, implementation of a complex system of data collection in the area of disability, greater inclusion of the disability issue in various areas of social policy, increasing protection of persons with disabilities against unequal treatment, extension of international cooperation.”

4. Ministry of Family and Social Policy

Update of the ‘Equality of Pay’ tool

[page 20]

“Over the next two years, an update of the tool for measuring the wage gap and its further dissemination among employers and social partners is planned through such measures as, among others, the organisation of regional trainings on the wage gap and the updated tool, realization of an awareness-raising campaign on the implementation of a transparent wage policy. These measures will be undertaken as part of the implementation of the ‘Good climate for quality jobs’ project funded under the Norwegian Financial Mechanism.”

10. Ministry of Culture, National Heritage and Sports

Implementation of the equal-treatment policy in sports

[page 28]

“The Ministry of Culture, National Heritage and Sports will continue to implement the policy of equal treatment in sports, ensuring that the UN Guiding Principles on Business and Human Rights are incorporated as widely as possible when planning and implementing ministerial programmes aimed at developing sports in Poland, both in grassroots and professional dimension. In particular, the following tasks will be implemented:

1. Preparing and publishing of a report on the situation of women in sports.

2. Implementing cyclical training courses for the Ministry’s employees and the Polish sports community on equal treatment of women and men in sports.´

The subject matter of the training will cover a wide range of issues related to equal treatment. Examples of specific support measures for the sports environment aimed at promoting women’s sports and international examples of good practice in counteracting discrimination and promoting equal treatment will also be presented.”

12. Public Procurement Office

The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)

[page 34]

“The new Public Procurement Law, which came into force on 1 January 2021 (Journal of Laws of 2021, items 1129 and 1598) introduces changes both in terms of existing instruments of a social nature, as well as completely new solutions aimed at increasing the extent to which social aspects are taken into account in the public procurement.”

(…)

“• Article 96, which provides for the possibility for the contracting body to specify in the contract notice or procurement documents contract performance requirements, which may include, among others, aspects related to employment of the unemployed, jobseekers, who do not remain in employment or do not perform other gainful employment, to-be self-reliant persons, adolescents, persons with disabilities or persons from other groups indicated in the provisions on social employment. These requirements may also cover other social aspects such as the promotion of decent work, respect for human rights and labour law, support for social inclusion (including of persons with disabilities), the social economy and SMEs, the promotion of equal opportunities and the principle of ‘accessible and designed for all’, including sustainable criteria along with consideration of fair and ethical trade,

• Article 104 on the possibility of direct reference by the contracting body to a specific label in the description of the subject-matter of the contract, the description of the contract award criteria or in the contract performance requirements in order to highlight the specific characteristics of the contract (including social ones). Labels by means of which contracting bodies may specify requirements connected with the pursuit of social objectives in the description of the subject-matter of the contract, the contract award criteria and the contract performance requirements , in the criteria on which their award to certain products and services is based, refer, inter alia, to compliance with social and economic rights, such as guaranteeing adequate remuneration for work, protecting women’s rights and combating discrimination against them (equal pay, participation in decision-making), prohibition of forced labour and non-use of child labour, freedom of association, health and safety at work, contribution to the development of local communities. Said right of the contracting body is subject to the cumulative fulfilment of the conditions set out in Article 104 of the PPL,”

13. National Labour Inspectorate

Tasks of the National Labour Inspectorate in the field of combating discrimination in access to employment and in relation to the provision of services by employment agencies

[page 39]

“Respecting the dignity and other personal interests of employees is a fundamental duty of employers. This also includes the prohibition of unequal treatment and discrimination at work. The activities of the National Labour Inspectorate to prevent and combat unequal treatment and discrimination in labour relations include the implementation of oversight and inspection measures, as well as prevention and information.

Oversight and inspection activities are carried out as a result of, among other things, complaints, notices, and indications of irregularities sent to the National Labour Inspectorate, but also within the framework of inspections carried out in accordance with the Inspectorate’s action programme (thematic inspections), where issues of equal treatment and discrimination are addressed.

Inspections of employment agencies always include audits of the implementation of the prohibition of discrimination on grounds of sex, age, disability, race, religion, ethnic origin, nationality, sexual orientation, political beliefs, and religious denomination or trade union affiliation of individuals for whom the agency sought employment or other paid work. By verifying compliance with the law in relation to temporary workers, labour inspectors make sure that there has been no violation of the prohibition on unequal treatment of temporary workers – with respect to working conditions and other conditions of employment – as compared to workers employed by the employer in the same or a similar position.

As part of inspections concerning the legality of employment, labour inspectors examine issues related to respecting the principle of equal treatment and non-discrimination in access to employment. These activities are aimed at disclosing offences with regard to a refusal to employ a candidate for a vacant position or place of vocational training on the basis of their sex, age, disability, race, religion, nationality, political beliefs, ethnic origin, religious denomination, or sexual orientation. Most often, they involve the examination of job advertisements in which employers post illegal criteria for people who apply for employment, where the nature of the work does not justify their use (e.g., relating to sex or age).

Labour inspectors also check compliance with the principle of equal treatment of foreign nationals in terms of working conditions and other conditions of employment, compared to Polish citizens employed in corresponding or similar positions.

Promotion of the idea of equal treatment and non-discrimination in the labour market, especially with respect to foreign nationals, is supported by projects co-financed from European funds, as well as PIP publications (leaflets, brochures, guides) addressed to a wide audience.”

Appendix 1 (information material prepared by the Ministry of Justice)

Trainings 1

[page 42]

“Topic: Claims under bank agreements, reference No C23/21 Specific issues discussed during the training include, among others: judicial control of the content of credit agreements, abusive clauses in credit agreements and their consequences, foreign currency denominated and indexed credits, claims under other bank agreements.”

Trainings

[page 44]

“In line with the recommendations of the Polish Institute of Human Rights and Business, the Ministry of Justice requested that the National School of Judiciary and Public Prosecution consider including the following training courses in the schedule of training activities for 2021-2024:

– for judges, assessor judges and assistant judges on the issue of discrimination and anti-discrimination legislation,

– for employees of the judiciary who are in contact with citizens as regards dealing with persons who lack sufficient legal knowledge (in particular on simplifying explanations regarding complex legal issues).

In addition, the following training events covering the above-mentioned topics have already been scheduled in the schedule of training activities of the National School of Judiciary and Public Prosecution

1.Training M9/21 European Union anti-discrimination law. Since 2003, the Academy of European Law in Trier (ERA) organises annual seminars on European anti-discrimination directives, adopted under Article 19 of the EC Treaty, i.e. Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation. Specific issues: among others, the effects of EU law on the legal order of Member States; EU anti-discrimination legislation and definition of key concepts:

direct discrimination, indirect discrimination, harassment, burden of proof in discrimination cases; remedies and sanctions in anti-discrimination law; the role of the national judge and the preliminary ruling procedure; the prohibition of age discrimination in the light of CJEU case law.”

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:”

(…)

“- avoid all forms of discrimination in the recruitment process, to strive for a balance in terms of sex, religion and national and ethnic origin, respecting the principle of decent wages and the provision of the necessary insurance, and use the services of specialist employment agencies where appropriate”

Read more about Poland

Slovenia’s priorities

Preventing discrimination involves dedicating special attention to gender equality, women’s empowerment, and the rights of children, the disabled, the elderly, lesbian and gay people, and other minorities. (pg. 5-6)

Principle 1 – State’s duty to protect HR

Special laws further define the general principle of equality and individual constitutional provisions, to effectively ensure the implementation of human rights. To guarantee genuine equality, the Constitution, the general act prohibiting discrimination, and the special act on gender equality explicitly stipulate the basis for implementing special measures or positive discrimination in cases when derogations from the equal treatment principle are justified by lawful ends, and the means to attain this goal are both adequate and necessary. (pg. 8)

Institutions specialised in human rights protection and promotion include: the Human Rights Ombudsman, the Advocate of the Principle of Equality, coordinators for equal opportunities for women and men, the Commission for Petitions, Human Rights and Equal Opportunities, the Office of the Republic of Slovenia for National Minorities, and numerous working bodies established by the Government or operating within ministries. (pg. 8-9)

Principle 3a – Equal opportunities for women and men

Slovenian legislation prohibits direct and indirect discrimination and provides for the obligation to ensure equal treatment regardless of gender. It also envisages positive, protective and other measures on gender equality. These include the obligation of the employer – except in justified cases – not to limit access to vacancies based on gender, not to request information from candidates or condition employment on family or marital status, pregnancy or family planning. The employer must also provide equal pay for the same work and for work of the same value to workers regardless of gender. (pg. 13)

Principle 3d – Non-financial reporting

[A]ll companies subject to audit have to outline the policy of representation diversity in their management or supervisory bodies (diversity based on gender, age, education). (pg. 23)

Principle 5 – Oversight

The criteria for funding or co-funding development cooperation programmes or projects now also include proven corporate social responsibility, respect for a human rights-based approach, strengthening gender equality and women’s empowerment. (pg. 25)

Principle 6 – Planned Measures

Slovenia will take account of the following considerations: respect for corporate social responsibility, respect for human rights-based approaches, strengthening gender equality and women’s empowerment. (pg. 29)

Principle 8 – Gov’t agencies observe HR obligations

The Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia provides training for public employees, particularly equal opportunities coordinators, related to procedures for gender mainstreaming into sectoral policies. The Ministry created guidelines for drafting action plans for equal opportunities for women and men in local communities. (pg. 30)

Principle 8 – Planned activities/orientations

The Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia will continue to provide regular training for equal opportunities coordinators at the ministries and in local communities on the topic of gender equality. (pg. 30)

Principle 27 – Advocate of the Principle of Equality

The Protection against Discrimination Act, which entered into force in May 2016, established the Advocate of the Principle of Equality, an independent state institution for protection against discrimination. The Advocate is responsible for, among other things, making recommendations to state institutions, local community institutions, bearers of public authority, employers, and business and other entities. (pg. 40)

Principle 27 – Planned Measures: Advocate of the Principle of Equality

Slovenia has established the Advocate of the Principle of Equality, which is tasked with offering recommendations to employers, economic operators and other entities on preventing and eliminating discrimination, conducting inspections and providing independent assistance in the form of counselling and legal advice to parties engaged in other administrative and court procedures related to discrimination. The Advocate’s mandate also includes the prevention of discrimination and addressing reports and initiatives in the private sector. (pg. 41)

Annex I – Human Rights Due Diligence

Among the aspects of human rights that business enterprises are obliged to respect are all human rights, including guaranteeing non-discrimination and the equal treatment of all persons, gender equality… (pg. 44-45)

Read more about Slovenia

D. Tasks for the Third NAP

Institutionalization of Human Rights Management

2. Establish and implement measures for corporate sustainability management [page 5]

•  Reflect ‘respecting human rights·prohibition on discrimination’ ‘work-life balance’ on the criteria of factual survey on corporate sustainability management and reward assessment.

…

5. Support corporate with gender equality management

• Support gender equality education to managerial staff in private business·public institution and of human resources department.
  – Conduct gender equality education to managerial staff or human resources manager who has strong sayings on decision making and recruitment.

Read more about South Korea

Guiding Principle 1

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

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

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

Guiding Principle 2

Measure 5

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

Guiding Principle 6

Measure 2

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

Read more about Spain

1. The State duty to protect human rights

Swedish legislation to protect human rights [page 10]

The purpose of the Discrimination Act (2008:567) is to combat discrimination and in other ways promote equal rights and opportunities regardless of sex, transgender identity or expression, ethnicity, religion or other belief, impairment, sexual orientation or age. The Act applies to employment in a broad sense, educational activities, labour market policy activities and employment services not under public contract, starting or running a business, supply of goods, services and housing, organisation of a public gathering or event, and health and medical care and social services.

3. Access to Remedy

Legal remedies provided by the State [ page 15]

The Office of the Equality Ombudsman is a government agency responsible for monitoring compliance with the Discrimination Act. The Ombudsman is to try in the first instance to induce those to whom the Act applies to comply with it voluntarily. However, the Ombudsman may also bring a court action on behalf of an individual who consents to this. Those who violate the Discrimination Act may be found liable to pay compensation for discrimination to the person discriminated against.

Annex: Measures planned

The Government aims to raise its ambitions in foreign trade, including in CSR and implementation of the UN Guiding Principles on Business and Human Rights. To achieve these aims, a number of concrete measures will be implemented by 2017.

Regulations and legislation [page 27]

The EU has adopted new procurement directives…The recitals of the Directives expressly state that the contracting authorities or entities in their contracts can require suppliers, in the performance of the contract, to comply in substance with the provisions of the basic International Labour Organisation (ILO) Conventions. Such conditions might also be intended to favour the implementation of measures for the promotion of equality of women and men at work, the increased participation of women in the labour market and the reconciliation of work and private life.. or the recruitment of more disadvantaged persons than are required under national legislation.

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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

As laid down in the Code of Conduct for Contractual Partners of the FDFA [Federal Department of Foreign Affairs], respect for human rights and gender equality are two of the values which should be promoted in the interests of Switzerland. All individuals, companies or other entities that work with the FDFA are required to contribute to the promotion of these values and to act in accordance with them, and with the legal order.

2.2 Pillar 2: the corporate responsibility to respect human rights

a number of Swiss companies …play an active part in eliminating all forms of professional and employment discrimination.

2.2.2 Operational principles: human rights due diligence

Guiding Principles 16 to 21

Measure 28: Promotion of gender equality

The Federal Council recognises the importance of addressing the disproportionate impact that business activities can have on women and girls.

The private sector is fundamental to advancing gender equality and women’s rights. In December 2018, parliament passed an amendment to the Gender Equality Act49 which adds pay equity to companies’ mandatory due diligence obligations. The revised legislation also requires public and private sector employers with at least 100 employees to conduct regular equal pay analyses. This new requirement will take effect on 1 July 2020. An independent body reviews the findings and the employer must inform the workforce of its conclusions. Companies which are found to have an equal pay policy are exempt from further assessment. The new provisions, which will take effect on 1 July 2020 for a period of 12 years, will be evaluated nine years after they come into force.

The federal government provides a free equal pay self-test tool, Logib, which allows companies with fewer than 50 employees to check for instances of wage inequality in their workforce.

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III. The State duty to protect human rights

C. Actions planned

• Continue committing to implement important United Nations human rights covenants, incorporating them into domestic law, and preparing national reports for review (pages 8-9)

‘A plan of the Ministry of the Interior (MOI) to implement the “International Convention on the Elimination of All Forms of Racial Discrimination” was approved by the Executive Yuan on 8 May 2020. […] The Ministry’s work will include the preparation of a national report and the conduct of an international review.’

• Continue pushing for passage of laws to protect working conditions and labor rights (pages 9-10)

‘The Taiwan government each year holds workshops on workplace equality and sexual harassment to prevent employers from discriminating against employees or job seekers on account of age.’

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, UNGP 2, Actions planned (pages 39-40).

V. Access to remedy

B. Actions taken

• Judicial remedy

Civil remedy and litigation aid (page 17)

‘The “Code of Civil Procedure” and the “Labor Incident Act” both provide for a “litigation aid” system. Under this system, except in cases where there is manifestly no prospect for a party to prevail in the action, or where a party lacks the financial means to pay the litigation expenses, the court may grant the litigant temporary relief from any requirement to pay court costs. Taiwan’s “Legal Aid Act” provides that when a party lacks the financial means to pay litigation expenses and attorney fees, the court shall provide aid through an institutional channel to safeguard the basic human right of the people to engage in litigation and benefit from the right of equality.’

This information is also covered under Appendix 3: Concrete actions taken by Taiwan to provide effective remedy systems, Civil remedy and litigation aid (page 35).

• Non-judicial remedy

Grievance system for employment discrimination (page 19)

‘The labor competent authorities in local governments throughout Taiwan have already established employment discrimination grievance channels to deal with instances of employment discrimination involving gender, age, and disability. Accordingly, employees or job seekers who discover law-breaking behavior on the part of an employer can file a grievance via any of the [channels mentioned in this NAP].’

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 UNGP30, Actions taken (page 59).

Appendix 1: Concrete actions taken by Taiwan to fulfill the state obligation to protect

• Taiwan’s commitment to human rights and international participation (page 23)

‘The “Enforcement Act of Convention on the Elimination of All Forms of Discrimination against Women” came into force on 1 January 2012. This convention promotes fairer gender standards in Taiwan with the aim of achieving gender equality.’

• Government procurement (page 24)

‘Article 101, paragraph 1, subparagraph 14 of the “Government Procurement Act” provides that where the supplier discriminates on the
basis of gender, aboriginal status, physical or mental disability, or status as the member of a disadvantaged group, where the details of the
discrimination are particularly serious, it will be published in the Government Procurement Gazette and the supplier shall not be allowed to
bid on a government contract (or be a sub-contractor) for one year.’

• Other legislative action and measures (page 29)

‘To promote gender equality in the workplace, Chapter II of the “Act of Gender Equality in Employment” expressly prohibits employers from discriminating on the basis of gender or sexual orientation, and Chapter III of the same Act states that employers are obliged to prevent sexual harassment, and requires employers of a certain size to establish measures for preventing and correcting sexual harassment, complaint procedures, and disciplinary measures, and to openly display these measures in the workplace.’

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3. The core content of the National Action Plan on Business and Human Rights

3.1 Action plan on labour

3.1.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

2.3 Elimination of discrimination in the workplace

• State enterprises and the business sector should specify measures and policies to show the intention of supporting equal opportunities without discrimination in employment, recruitment, compensation, termination, promotion and removal of any conditions that cause a negative impact on employees and job seekers as appropriate.
• State enterprises and the business sector should establish measures and policies to prevent sexual harassment in the workplace.
• State enterprises and the business sector should increase the employment of women, ethnic groups, persons with disability, senior citizens, ex-convicts, etc. by considering as appropriate, including requiring the establishments for proper facilities set-up.
• State enterprises and the business sector must not consider not employing or terminating employment due to HIV infection.

Pillar 3: Duties of the state and the business sector to provide remedy (Remedy)

3.2 Action plan for community, land, natural resources and the environment

3.2.1 Overview of the situation

All minorities and ethnic groups in Thailand are protected by law and have access to government services which include education, medical treatment and job opportunities. The government provides care with supporting regulations where people can prove their rights by evidence of living in the area and long-time usage. If it is necessary to leave the area, the government has measures to take care of housing and vocational training by recognizing the way of life of the group. In addition, the Ministry of Social Development and Human Security made a master plan for ethnic groups’ development in Thailand (2015–2017) as a mechanism to develop assistance provided to these groups in various areas such as access to land rights and obtaining legal status as well as the enhancement of their balance, security and resilience to cope with various changes

3.2.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

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CHAPTER THREE: SITUATIONAL ANALYSIS

3.8 Women, Vulnerable and Marginalized Groups 

Human rights instruments set out obligations and commitments to ensure equality and non-discrimination. These are highlighted in various human rights instruments at international, regional and national levels including the following: SDG 5 gender equality and women empowerment , 8 on decent employment and 10 on reducing inequalities within and among countries, the International Covenant on Economic, Social and Cultural Rights, Convention on Elimination of All forms of Discrimination Against Women, African Charter on Human and Peoples Rights and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the Constitution of Uganda under Chapter Four on the Protection and Promotion of Fundamental and Other Human Rights and Freedoms, the National Equal Opportunities Policy (2006), the National Gender Policy (2007), the Persons with Disability Act (2020) and the National Policy on Disability (2006).

Despite the positive strides taken to provide legal protection for vulnerable groups, gaps persist and certain groups remain susceptible to suffer negative consequences of business operations. In particular, those that are already marginalized or excluded in society – as is often the case for women, minority groups, migrants, and persons with disabilities and persons living with HIV/AIDS.

Women: Women continue to face significant violation of human rights especially in employment in business operations. The National Social Protection Policy (2015) indicates that there are enormous risks, which include low pay, job insecurity, limited labour mobility, discrimination, sexual harassment, lack of maternity protection and poor working conditions. There is also a significant pay gap between men and women in Uganda. About 85 percent of the paid workers are employed in the informal sector without formal contracts and have no social security. Approximately 33.8 percent of the workers in the private sector earn less than Shs 50,000 per month. Agricultural wage workers, the majority of whom are women, receive the lowest wages. The findings from the consultations showed sexual harassment of female workers and coercion into sexual activity with employers to access employment or salary payments. These cases were largely under-reported due to fear of negative repercussions on the victims. If these challenges are not addressed, women will continue to bear the burden of violations and abuses of human rights in business operations and remain at the periphery of social protection and development.

Over the past few years, there has been strong initiatives to protect women’s property rights in Uganda. However, due to social constructions of gender and traditional underpinnings, challenges remain in implementation and enforcement of these measures. Ownership of land by women has been affected by increased demand for land for foreign direct and local investments. Considering the extractive industry, women often bear the disproportionate share of social, economic and environmental risks while men primarily capture the benefits of the industry. Women employed in mines work under unsafe conditions often characterized by meagre pay, sexual harassment, poor sanitation, domestic violence and exposure to hazardous substances such as mercury among others. Environmental degradation, often caused by business operations, is felt most keenly by women, who bear the greatest burden to mi gate food insecurity, water pollution and shortage and decreased health of families. Women in certain industries such as large-scale agriculture and extractives often lack access to appropriate protective equipment, which exposes them to dangers, and hazards which can affect their health and safety, including their sexual and reproductive health.

Children: Child labour remains a serious issue in Uganda. At least two million children aged 5-17 are engaged in child labour with 1.7 million below 14 years of age, and 507,000 involved in hazardous work (ILO/IPEC & UBOS, 2013). This includes children working in the agriculture sectors, domes c services, extractive industry (including children involved in artisanal and small-scale mining) and those that are victims of commercial sexual exploitation. The proportion of children in hazardous work was more than double in urban areas (61 percent) as compared to the rural (23 percent) (ILO/IPEC & UBOS, 2013). These issues were also raised during stakeholder consultations. Children were reported to be recruited to work on sugar, rice and tea plantations, as well as in the fishing sector. The vices were also reported to be common in mining (mineral and stone quarrying) and the construction sector where children are involved in manual labour. Poverty was cited as a main factor driving children to engage in labour. Stakeholders noted that there were reported cases of sexual assault and increase in child labour in the context of the construction of roads, for example during the construction of the Kabwoya Fort Portal Kamwenge road.

Youth: Concerns were raised during the consultation regarding reports of discrimination experienced by youth in terms of accessing employment opportunities. In many cases, they are offered only the least paying casual jobs and without formal contracts specifying the terms of employment. Youth, in the Eastern and Western regions, stated that there were instances of underpay and outright non-payment, in particular by construction companies. The consultation in Northern Uganda also revealed that there were abuse of the rights of the youth working on the large commercial farms established in the region. They claimed that most of these youth were ferried from far districts of West Nile who then end up stranded thus seeking help from the nearby districts whose resources are too meagre to offer repatriation to these victims.

Older persons: The consultations revealed that older persons face the following challenges; limited access to employment opportunities, retention of jobs, as abuse and violence in workplaces, low pay, among others. These issues have led to increased vulnerability and poverty among older persons.

In view of the specific challenges faced by vulnerable and marginalized groups in connection with business activities, the National Ac on Plan calls for particular attention to ensure that such adverse impact is prevented and addressed, including by ensuring access to effective remedies.

CHAPTER FOUR: STRATEGIES AND INTERVENTIONS

STRATEGIES

(…)

OBJECTIVE 2: To promote human rights compliance and accountability by business actors

4.2.2. Empower communities especially vulnerable persons to claim their rights

1. Develop inclusive information, communication and education materials.
2. Conduct community dialogue meetings with rights holders prioritizing women, youth, older persons, persons with disabilities, ethnic minorities and people in hard to reach areas.

4.2.3. Promoting compliance to human rights observance

(…)

vii. Enact and enforce gender-sensitive legislation to protect human rights defenders.

(…)

ix. Promote gender-sensitive and inclusive land use planning by investors.

OBJECTIVE 3: To promote meaningful and effective participation and respect for consent by relevant stakeholders in business operations.

4.3.1 Promoting FPIC for communities in all business operations

i. Review and enact laws guaranteeing FPIC (Free, Prior and Informed Consent), particularly ensuring meaningful consultations with vulnerable groups, such as women, persons with disabilities, indigenous persons, ethnic minorities and persons living with HIV and AIDS.

ii. Develop and enforce guidelines and policies regarding land acquisition, compensation and resettlement of communities affected by business operations, prioritizing the needs of the most vulnerable, such as women, persons with disabilities and persons living with HIV/AIDS.

OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations.

4.4.1 Empower communities to demand for protection and fulfilment of their rights and access to justice

1. Educate communities, prioritizing vulnerable groups such as women, persons with disabilities, ethnic minorities and older persons, on business and human rights including access to justice.
2. Implement the Children’s Rights and Business Principles (CRBP).
3. Advocate for gender equality through ensuring equal opportunity to both men and women in business operations and promotion of the gender equality seal programme.
4. Advocate for elimination of sexual harassment in business operations.
5. Strengthen social protection interventions for the vulnerable groups affected by business operations.

4.4.2 Engagement of business operators on human rights

(…)

iii. Ensure the establishment and strengthening of gender and equity-responsive internal grievance redress mechanisms in business operations.

OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations.

4.5.1 Strengthen access to remedy mechanisms against business-related human rights abuses and violations

(…)

ii. Provision of government-supported legal aid services to workers, especially vulnerable groups including women, persons with disabilities, persons living with HIV and AIDS and minorities.

(…)

iv. Strengthening laws and policies providing for effective, inclusive and gender-responsive remedies on business-related matters.

CHAPTER FIVE: INSTITUTIONAL FRAMEWORK

5.3 Equal Opportunities Commission

1. Ensure implementation of the action plan and the enforcement of equal opportunities.
2. Investigate complaints related to victimization, marginalization, injustice, and discrimination
in conduct of businesses.
3. Create awareness and advocate for equal opportunities for all at all levels.
4. Influence and inform policies, plans, legislations and budgets of institutions in relation to the NAPBHR.
5. Under take research on issues of equal opportunities.
6. Enforce compliance with provisions of equal opportunities requirements.

5.4 Business entities

(…)

iv. Ensure inclusion of the vulnerable groups in the business operations.

5.9 Local Governments

(…)

ii. Supervise business operations to ensure protection of human rights and social inclusion of the communities.

(…)

viii. Coordinate, monitor and supervise implementation of the policy and the equal opportunities Act at their respective levels.

5.10 UWA, UNRA, NEMA, AND NFA

i. Ensure equal and equitable sharing of benefits among communities in conservation areas.

5.11 The Parliament

(…)

iii. Monitor business operations in their constituents for protection of human rights and equal opportunities for the vulnerable and marginalized groups.

5.12 Private Sector

(…)

iii. Ensure affirmative action interventions for less privileged and marginalized in business operations.

5.16 The communities and households

The community and households will;

1. Strengthen social support networks and mechanisms to protect and promote the welfare of vulnerable groups.
2. Promote and respect the rights of the vulnerable groups in communities and households.
3. Participate actively in implementing interventions and also linking vulnerable groups to service providers.

5.17 The marginalized and other vulnerable groups

The marginalized and other vulnerable groups will;

1. Ensure full awareness and realization of their rights.
2. Participate in community dialogue meetings to identify factors which cause their marginalization and vulnerability.
3. Participate in identification of initiatives and planning and implementing such interventions aimed at improving their welfare.
4. Monitor the implementation of the action plan.

The strategic implementation framework in the 1.0 Appendices includes: 

• Objective 2.0, Strategic Actions: Empower communities especially vulnerable persons to claim for their rights
• Objective 3.0: Improvement in the business entities’ duty to ensure Free Prior and Informed Consent in investment and other business undertakings
• Objective 4.0: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations

Budgeted outputs in Annex I include:

• Strengthening the physical planning committee in the district and municipality to do equity planning and budgeting (Objective 1.0)
• Develop inclusive information, communication and education materials (Objective 2.0)
• Popularizing existing labour laws (by translating them into local languages (Objective 2.0)
• Advocate for gender equality through ensuring equal opportunity to both men and women in business operations and promotion of the gender equality seal. (Objective 4.0)
• Advocate for elimination of sexual harassment in business operations (Objective 4.0)
• Strengthen social protection interventions for the vulnerable groups affected by business operations. (Objective 4.0)

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2. The State Duty to Protect Human Rights

The existing UK legal and policy framework

14. Examples of wide ranging legislation protecting human rights in the business context include… the Data Protection Act 1998 which applies to companies and ensures respect for the privacy of individuals.

Actions taken [page 9]

17. To give effect to the UN Guiding Principles, the Government has:

(ix) strengthened international rules relating to digital surveillance, including leading work in the Wassenaar Arrangement to adopt new controls on specific technologies of concern. Specifically new controls were agreed on:

equipment and software for creating and delivering “intrusion software” designed to be covertly installed on devices to extract data. “internet surveillance systems” which can monitor and analyse internet traffic and extract information about individuals and their communications.

3. Government expectations on business

Actions taken to support business implementation of the UNGPs [page 15]

24. To help businesses to fulfil their responsibility to respect human rights the

Government has:

(iii) partnered with the Cyber Growth Partnership industry guidance on assessing human rights risks relating to cyber security exports, with techUK and input from civil society. https://www.techuk.org/images/CGP_Docs/Assessing_Cyber_Security_Ex port_Risks_website_FINAL_3.pdf

Government commitments

Box – Cyber Export Guidance [page 17]

The expansion of ‘cyber space’ has brought huge economic and social benefits. However, it also poses risks and new opportunities for hackers, criminals and terrorists. To help mitigate these risks, companies have developed security products and services which defend networks from malicious activity. In many countries, such as the UK, these products are used legitimately, including by law enforcement authorities, in accordance with domestic and international law obligations. However, in some countries which do not adhere to their international human rights obligations, there is a risk that the same products are used in ways that could breach state’s legal obligations, e.g. to restrict freedom of expression or to contribute to internal repression.

Normally, exports that could cause harm, such as arms, are covered by the export-licensing regime. However, many cyber capabilities, products and services are not listed. This problem was recognized by the Cyber Growth Partnership a joint body representing industry, academia and government. The FCO worked with techUK, a technology trade association, and the Institute for Human Rights and Business to produce practical guidance for companies on managing human rights risks.

“Assessing Cyber Security Export Risks: Human Rights and National Security” was published in November 2014. It is the first guidance for this sector in the world, and sets out:

• the different sorts of potential harm associated with particular cyber capabilities;
• a process to help companies assess country specific risks and to evaluate business partners and re-sellers; and potential mitigation options for avoiding or reducing risks.

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Section III: Additional National Action Plan Commitments

…

Table 4: Technology Commitments The Department of State will “launch a new program, “Safe Online: Empowering Women in the Digital Economy,” to address risks of TFGBV facing women in business and the obstacles to women’s inclusion in the digital economy in Armenia and Georgia. In partnership with local organizations in each country, the program will encourage governments and private companies to implement online TFGBV and sexual harassment policies to improve the enabling environment for women in business. This program is supported by the Gender Equity and Equality Action Fund.” (p.28)

Table 6: Environment, Climate and Just Transitions Commitments

Department of State, in partnership with the Department of Agriculture 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.” (p.34)

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II. TASKS AND ACTIONS

2. Policy and law improvement

c) Protecting the rights of the vulnerable groups

– Studying, reviewing, proposing amendments, supplements and promulgation of legal normative documents related to gender equality, anti-discrimination and protection of the rights of the vulnerable groups in business activities to ensure feasibility and compliance with international standards, including Law on Gender Equality 2006, Law on Persons with Disabilities in 2010, Law on Children 2016, etc. and their guiding instruments.

+ Lead agency: Ministry of Labor, War Invalids and Social Affairs

+ Coordinating agencies: Ministries, ministerial-level agencies, governmental agencies and other relevant agencies; Viet Nam Fatherland Front; Viet Nam Women’s Union; Viet Nam Association for the Protection of Children’s Rights; Viet Nam Association of People with Disabilities and orphans; other relevant socio-political and social organizations.

+ Output: Research reports, reviews, proposals and recommendations submitted to competent authorities

+ Deadline: 2025

– Drafting the Law on Gender Transformation to implement Article 37 of the Civil Code

+ Drafting agency: National Assembly member Nguyen Anh Tri;

+ Coordinating agencies: Ministry of Justice, ministries, ministerial-level agencies, governmental agencies and relevant agencies; related socio-political and social organizations

+ Outputs: Law on Gender Transformation + Deadline: 2025

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