Freedom of association is a fundamental human right guaranteed by major international human rights standards, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and ILO conventions. Freedom of association is crucial to the functioning of a democracy and is an essential condition for the exercise of other human rights. In the human rights and business context, freedom of association is most frequently understood as the right of workers “to join organizations of their own choosing without previous authorization” (ILO Convention 87), which is a fundamental enabling right. It is a prerequisite for many other basic labour rights, as the ability of workers to organise allows them to use their collective power to achieve improved labour rights, health and safety at the workplace, the right not to be discriminated against and freedom from forced labour and child labour, amongst many others. The principle of freedom of association is at the core of the ILO’s values: it is enshrined in the ILO Constitution (1919), the ILO Declaration of Philadelphia (1944), and the ILO Declaration on Fundamental Principles and Rights at Work (1998). It is also a right proclaimed in the Universal Declaration of Human Rights (1948), has been included in a number of voluntary initiatives such as the Ethical Trading Initiative Base Code and is enshrined in Article 11 of the European Convention on Human Rights. In support of the latter, the Council of Europe notes that member states should take appropriate measures to ensure that the right to freedom of association can be effectively enjoyed without discrimination on grounds of sexual orientation or gender identity.
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Nevertheless, there continue to be challenges in applying these principles despite clarity from international standards, the work of the ILO Committee on Freedom of Association, and other supervisory mechanisms that aim to ensure that this fundamental human right is respected the world over. In some states, certain categories of workers (for example public servants, seafarers, workers in export processing zones) are denied the right of association, workers’ organisations are illegally suspended or interfered with, and in extreme cases, trade unionists have been arrested or killed. As reported by International Trade Union Confederation (ITUC) in its Global Rights Index 2017, the number of states experiencing physical violence and threats against workers rose by 10% in just one year. Furthermore, attacks on union members such as threats, kidnappings and physical violence from state security forces and gangs working on behalf of companies, were documented in 59 states – a rise from 52 in the year before. Trade unionists were detained or arrested in 44 states, and dismissal and other discriminative behaviour was recorded in over 70. The situation is the worst for trade unionists in the Middle East and North Africa, where the very fact of being a trade unionist in many of the states in the region often makes the exercise of freedom of association impossible in practice. Moreover, the persistence of the kafala or sponsorship system systematically excludes millions of migrant workers from the right to freedom of association. Sub-Saharan Africa closely follows these trends, including the non-recognition of trade unions for collective bargaining. While trade unions in Europe benefit from a strong tradition of industrial relations, this position could be changing. For example, in 2017 the UK passed “the worst anti-union legislation”. Overall, in 2017, 84 out of 139 states covered by the index excluded certain types of workers from the right to freedom of association. Additionally, 116 states violated the right to strike in practice in various forms, including exclusion/restriction based on the objective and type of the strike, the imposition of compulsory arbitration and interference in strike action. [Global Rights Index 2017].
The Commentary to Guiding Principle 29 highlights that while the operational-level grievance mechanisms could complement the wider stakeholder engagement and collective bargaining processes, they cannot substitute for either. Moreover, “ they should not be used to undermine the role of legitimate trade unions in addressing labour-related disputes, nor to preclude access to judicial or other non-judicial grievance mechanisms.” Additionally, Guiding Principle 30 states that “[i]ndustry, multi-stakeholder and other collaborative initiatives that are based on respect for human rights-related standards should ensure that effective grievance mechanisms are available”. The accompanying Commentary refers to trade unions, and is therefore premised on freedom of association existing. While employers are not required to take on an active role in supporting worker’s efforts to associate or organise, they must ensure that workers can exercise this right in a climate free of violence, pressure, fear and threats. Businesses can seek specific guidance and assistance on this from the ILO Helpdesk. This could be of particular help in circumstances where there are no adequate laws in place, or those that are do not meet international standards, but a business would nonetheless like to create policies that responsibly respect the right to freedom of association.
While some businesses take steps to ensure freedom of association, they are still too few and far between. Still, it is important to note some positive steps by businesses, such as those entering into International Framework Agreements. These agreements are formed between multinational companies and a Global Union Federation (GUF) in order to establish “an ongoing relationship between the parties and ensure that the company respects the same standards in all the countries where it operates”.
Freedom of association is reflected in the 2030 Agenda for Sustainable Development under SDG target 8.8 (Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment). The indicator designed to measure progress towards the freedom of association aspect of SDG 8.8 intends to measure the “level of national compliance with labour rights (freedom of association and collective bargaining) based on International Labour Organization (ILO) textual sources and national legislation, by sex and migrant status.” Business efforts to ensure respect for freedom of association and collective bargaining rights in alignment with ILO standards can also thus support more effective contributions to the achievement of this SDG Target.
“The Declaration of the International Labour Organisation (ILO) regarding fundamental principles and rights, issued in 1998, commits ILO Member States to respect and promote principles and rights in four categories – discrimination at work, freedom of association and the rights to collective bargaining, elimination of compulsory labour and abolition of child labour –whether or not they have ratified the relevant Conventions.”
[The Plan] recognizes the need to: (i) continue working to prevent union violence and encourage the promotion of workers’ rights and, (ii) continue with the national government’s commitment to guarantee the protection of human rights and the process of articulation between institutions and unions to advance in the construction of scenarios that benefit the country’s workers and union leaders.
VIII. FUNDAMENTAL PILLARS
i. Fundamental Pillar 1: The State’s obligation to protect human rights
(…)
Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation
(…)
The Ministry of Agriculture and Rural Development will implement strategies to continue to guarantee the right of association of small and medium producers and participation of farmers in public policy decisions affecting the sector.
ii. Fundamental Pillar 2: The duty of business to respect human rights
Strand 1 [Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights
The Ministry of Labour will promote respect for the fundamental right of association, unionisation and bargaining through accompaniment and training.
Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region
(…)
The Ministry of Labour [Mintrabajo] will support the strengthening of the trade union association process through training focused on raising awareness among the labour force on the right to association.
Pillar II, Scope and content of the obligation to respect human rights [page 30-31]
“What human rights? States bear liability for the full range of human rights. Businesses are required to respect those rights that could be affected by their operations, and must do so to the extent of a definite minimum, generally acknowledged fundamental standard deriving from: …
the International Labour Organisation’s core conventions. [the footnote states that “There are eight such “core conventions”, dealing with forced labour (the 1930 and 1957 conventions), freedom of association, the right to collective bargaining, equal remuneration, discrimination, minimum worker ages, and the eradication of child labour.”]
These rights are fleshed out in a series of other specific instruments, such as the OECD Guidelines for Multinational Enterprises.
In practice, this concerns matters such as the ban on forced labour, child labour, and life- or health-threatening working conditions, the ban on workplace discrimination, the hindrance of association and collective bargaining, etc.”
Representation in court, legal assistance[page 44-45]
This section highlights a range of associations which can represent parties in certain types of procedures, for example:
“Even today, a trade union organisation may represent its members and associations may, in the course of their activities, represent victims of discrimination or foreign nationals in labour cases. It is worth considering expanding opportunities for representation by those organisations in the future.”
Conclusion [page 54-55]
“…an informal discussion platform will be set up to deal with matters related to business and human rights. That platform will meet as required to discuss questions of immediate interest. Representatives of state administration, businesses, the non-profit sector and trade unions will be invited.
Tasks: …
In the performance of tasks under the Action Plan, team up with business associations (the Czech Chamber of Commerce, the Confederation of Industry, the Confederation of Employers’ and Business Associations of the Czech Republic, and industry associations), trade unions and NGOs active in corporate social responsibility, and hold dialogue with them on the further development of topics related to business and human rights.
Coordinator: Ministry for Human Rights and all ministries concerned
Deadline: Running”
Protection of human rights in the business sphere in Danish legislation
“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, and the 1956 Constitutional Act of Denmark covers freedom of association and assembly.”
“Our reinforced Constitution protects the inviolability of human dignity as well as the freedom and rights of individuals, and promotes justice in society. Fundamental rights (such as equality, freedom of movement, protection of privacy, freedom of association, freedom of speech and the right to social security and judicial protection) have been included in the Constitution”
II- Businesses’ Responsibility to Respect Human Rights
Introduction [page 37]
The NAP refers to framework agreements on by citing the CSR Platform’s recommendation of November 2014 to “encourage the generalization and strengthening of International Framework Agreements including criteria for human rights respect, measures to ensure regular monitoring of their effective implementation and a mechanism of evaluation ex-post.”
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 workers’ rights: …, freedom of association, … It also offers free and confidential assistance for company directors and workers.
4. International Framework Agreements [page 42]
An international framework agreement is an instrument negotiated between a multinational enterprise and a global union federation. It defines the rights of those working for the group’s subsidiaries and subcontractors around the world, as well as the social and environmental standards the parties wish to comply with. Generally, the agreement includes a monitoring mechanism involving trade union participation. International framework agreements enable businesses to make international commitments to human rights by working with employees and trade unions and respecting the same standards in all the countries they operate in. Businesses should be encouraged to conclude such agreements.
As of October 2015, 112 international framework agreements had been signed around the world.
One of France’s goals under this action plan is to significantly increase the number of international framework agreements.
Actions Underway:
France encourages the generalization and reinforcement of international framework agreements that include human rights criteria, measures to regularly monitor their implementation and ex-post evaluation mechanisms
5. Employee Representatives [page 43]
In its 2013 opinion, the CNCDH recommended that “employee and union representatives be kept informed and consulted and be able to express their opinions when it comes to producing a company’s management report”, as this would “improve the credibility of such reports”. It added that each company should “be obliged to indicate whether there is in fact any form of union or employee representation within each of its entities and subsidiaries.”
The Act of 14 June 2013 on job security introduced several new provisions in this field. It gave employee representatives the right to vote on the administrative boards of large French companies (meaning they also had the right to discuss the content of management reports submitted to these boards). The act also reinforced obligations to keep employees informed by improving processes for consulting with and providing information to works councils.
Actions Underway [page 44]
France ensures staff representative bodies have sufficient operating resources to defend human rights.
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 (…, anti-union discrimination, …), …, or social, health and safety laws (hindering organizations representing employees, …).
2. Non-Judicial Mechanisms – At the International Level
2.2 ILO Enforcement Mechanisms [page 56]
There are also three specific procedures for examining representations and complaints: …, and the special procedure for examining complaints about freedom of association (heard by the Committee on Freedom of Association).
2.4 The European Social Charter [page 57]
In order to promote and guarantee social rights not covered in the European Convention on Human Rights, the Council of Europe drew up the European Social Charter, which was adopted in Turin in 1961. Significantly, the 1961 Charter covers …, the right to organize, the right to bargain collectively, …
… France ratified the revised 1996 version of the European Social Charter, which took effect on 7 May 1999, at the same time as the 1995 Protocol providing for a system of collective complaints (ratified by 15 of the Council of Europe’s 47 Member States).
To enforce the Charter, a European Committee of Social Rights was created. This Committee adopts conclusions on the national reports submitted by State Parties, and adopts non-binding “decisions” on collective complaints lodged by national and international employers’ and employees’ organizations and NGOs. These conclusions and decisions must be approved by the Committee of Ministers of the Council of Europe.
The German NAP makes reference to freedom of association, noting that the ILO Core Labour Standards include freedom of association [page 5]. However elements of freedom of association can also be seen in the numerous references to trade unions and both business and civil society associations and organisations throughout the NAP.
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: (1) freedom of association and the effective recognition of the right to collective bargaining;
CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS
2.6 Labour [Page 12]
Article 41 of the Constitution of Kenya guarantees every person the right to fair labour practices, and confers specific rights on workers, employers and trade unions and employers’ organisations. Every worker is entitled to fair remuneration, reasonable working conditions, the right to join and participate in the activities of a trade union and go on strike as a means of advocating for their labour-related rights. Employers are entitled to form and join employers’ organisations and participate in such organisations’ programs. Trade unions and employers’ organisations are entitled to organise and form new or join existing federations.
5. “Improvement of collective dispute regulation. The aims is to held discussions with social partners to determine the need for revision of provisions regulating collective bargaining and to encourage parties to establish a mechanism for settling disputes at company level.
An amendment to the Labour Code of the Republic of Lithum1ia was adopted on 15 May 2014 and came into force on 1 July 2014. Labour Code provisions were set in accordance with conclusions provided by the International Labour Organisation’s (hereinafter referred to as ILO) Committee on Freedom of Association on strike regulation with regard to practical problems of dispute settlement. Labour Code provisions regulating suspension of strike action were revised, rules of interpretation of collective agreements were foreseen and strike legitimacy issues were clearly regulated in cases with a collective agreement in action.”
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.
(…)
Following the Labour Code (revised edition) and in line with the objective of ensuring the right to freedom of association and collective bargaining in the field of employment and labour relations, we develop and promote methods and policies, raise awareness among employers and workers and enhance their roles and responsibilities, and organise activities to support their cooperation. Receive and process complaints and feedback on violations of the right to freedom of association and collective bargaining and provide advice.
Time frame: 2023-2027
Criteria: Methodology and guidelines will be developed and adopted. Actions to promote legislation, guidelines and methodology, raise awareness and understanding, build capacity, improve duties and responsibilities and support cooperation will be planned and implemented in several phases. The service for registration and advice on complaints and feedback on this issue will be improved.
Implementing organisations: MLSP [Ministry of Labour and Social Protection], NHRCM [National Human Rights Commission of Mongolia], NGOs
Jointly implementing organisations: Governors of all levels, MNCCI, Mongolian National Chamber of Commerce and Industry], MONEF [Mongolian Employers’ Federation], CMTU [Confederation of Mongolian Trade Union]
Create the conditions for trade union committees to work independently and impartially, organise multilateral debates, make findings and proposals, and take action to amend the Mongolian People’s Republic Law on the Rights of Trade Union adopted in 1991.
Time frame: 2023-2024
Criteria: Discussions and consultation meetings will be organised and joint recommendations will be issued. Subsequently, draft legislative amendments will be prepared and submitted for approval.
Implementing organisations: MLSP
Jointly implementing organisations: Relevant ministries and organisations, governors of all levels, MNCCI, MONEF, CMTU, Professional associations
(…)
13. Raise awareness and understanding of employment and build capacity.
Actions and measures to be implemented:
Organise training and activities to raise awareness and understanding of workers’ legitimate rights, safety at work, the right to organise and social security, and involve the media.
Time frame: 2023 – 2027
Criteria: Training and activities to increase awareness and understanding are organised in several phases. The information and recommendations will be disseminated through the media.
Implementing organisations: MLSP, SIA [Social Insurance Agency], CMTU, NGOs
Jointly implementing organisations : Governors of all levels, Media Council of Mongolia (MCM)
Train and build the capacity of lawyers to provide specialised legal assistance in the area of employment and industrial relations.
Time frame: 2023-2027
Criteria: Training and capacity building for lawyers and advocates providing specialised legal assistance is organised in several phases.
Implementing organisations: MLSP
Jointly implementing organisations: MoJHA, Mongolian Bar Association (MBA), Association of Mongolian Advocates (AMA), CMTU
Inclusion of ‘business and human rights’ in the Netherlands’ national policy
Labour market policy and employment law
“Human rights violations by businesses, including violations of labour rights, persist in the Netherlands, despite existing policy instruments aimed at preventing them. Although Dutch foreign policy considers violations of labour rights to be a human rights matter, NBA researchers concluded that within the Netherlands the issue is seldom viewed from the perspective of human rights and is more frequently approached in the framework of employment legislation and collective labour agreements.” p. 26.
Development cooperation
Sustainable trade with and investment in developing countries
“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.” P. 46.
Development cooperation
TheTrade Union Cofinancing Programme for Decent Work for All
“One of the most important goals of trade unions around the world is decent work for all (SDG 8). Mondiaal FNV, the international arm of the Dutch Trade Union Confederation FNV, collaborates with the Ministry of Foreign Affairs to implement the Netherlands’ Trade Union Cofinancing Programme (VMP). With Dutch government financing, Mondiaal FNV supports trade unions in the Global South, for example in participating in social dialogue. This strengthens trade unions’ mandate to negotiate employment conditions on behalf of employees and with employers and governments on legislation…. An essential precondition for decent work is that trade unions can organise freely and are recognised as a negotiating partner by employers and governments….Examples include the VMP’s contribution in Ghana to research and to bolstering the Ghana Trades Union Congress, resulting in social dialogue with the government and employers; social dialogue in Rwanda resulting in the introduction of certificates recognising work experience, thus enabling low-skilled workers in the construction industry to improve their career prospects; and the important role played by trade unions in Ethiopia in drafting the first minimum wage law. In addition to engaging in social dialogue, trade unions stand up for individuals, for example in cases of sexual intimidation and dismissal or threats of dismissal due to trade union membership. Unions also champion the right to collective bargaining at company and industry level, and defend victims of unsafe working practices on palm oil plantations and in the construction industry.” p. 47.
Pillar III
Strengthening Civil Society
“The Ministry of Foreign Affairs not only provides funding but is also a partner and can, when appropriate and possible, take diplomatic measures to help these consortia achieve their goals. This is also the case for the Netherlands’ Trade Union Cofinancing Programme. As part of this programme, CNV International and Mondiaal FNV (the international arms of Dutch trade union federations) are supporting workers’ organisations so that complaints can be lodged and dealt with as locally as possible.” p. 69.
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 … “g. Challenges regarding Freedom of Association under the Trade Union (Amendment) Act (2005).” (p.154)
PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS ACTIONABLE ITEMS B. LEGISLATION AND POLICES “Government shall improve human rights protection in business through legislation, policy initiatives, programmes and seminars interventions in the following ways: … d. Review the Trade Union Act (2005) to address the challenges of freedom of association, the rights to collective bargaining and the right to strike actions.” (p.157)
Freedom of association (Convention No. 87 on Freedom of Association and Protection of the Right to Organise, and Convention No. 98 on the Application of the Principles of the Right to Organise and to Bargain Collectively).
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: […] (4) protection of the right to freedom of association.
Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institution’
This information is also covered under Annex I: Implementation Plan, Proposed Action 1 designating the Ministry of Human Rights, Ministry of Overseas Pakistanis and Human Resource Development and the Ministry of Commerce as Leading Entities (page 42).
ANNEX II | Actions Already Undertaken by Pakistan
B | Measures Relevant to NAP Priority Areas
iv. Labour Standards and the Informal Economy
Punjab (page 81)
‘The Punjab Government passed the Industrial Relations Act in 2010, which allows citizens to exercise their right of association by joining trade unions to bargain collectively through their representative.’
Sindh (page 82)
‘The Sindh Industrial Relations Act 2013 allows workers and employees to join trade unions so that they can bargain collectively through their chosen representatives.’
Khyber Pakhtunkhwa (page 83)
‘The Khyber Pakhtunkhwa Industrial Relations Act 2013 allows workers and employees to join trade unions so that they can bargain collectively through their chosen representatives.’
Balochistan (page 83)
‘The Balochistan Industrial Relations Act 2013 allows workers and employees to join trade unions so that they can bargain collectively through their chosen representatives.’
Freedom of association and collective bargaining are human rights recognized in the main international instruments and this generates responsibilities on the part of the State for their protection. Respect for these rights is binding and requires the adoption of measures to strengthen trade union institutions with a gender perspective and other complementary measures. The State must evaluate, together with the union sector, the business sector, and other related stakeholders, the adoption of the most effective measures to address the causes of the current low level of unionization, in order to guarantee and promote these rights, the strengthening of unions and the social revaluation of their important role in a democratic country. It is also necessary for companies to implement due diligence mechanisms, which can also be accompanied by public policy.
Within the framework of ILO Convention 87 “Convention on Freedom of Association and Protection of the Right to Organize” and Convention 98 “Convention on the Right to Organize and Collective Bargaining” and based on the contributions gathered during the dialogue process, it is pertinent to strengthen the rules on the matter, as a result of the social dialogue; likewise, it is also necessary to pay attention to the implementation of the new Labor Procedure Law, which is pending to enter into force in some judicial districts. – page 44
Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050
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.
10.
Action: Promote a change in the culture of trade unions as defenders of human rights.
Background: It is necessary to focus on the importance of trade unions as defenders of human rights. Thus, it is necessary to ensure that they have access to this right, so that they can freely decide their union membership.
Indicator: Percentage of people trained who effectively participate in trade unions. – page 62
The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)
[page 32]
“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.
Among the new solutions in the Public Procurement Law, which – in addition to the regulations already existing in this respect – are aimed at supporting the implementation of social policy objectives within the framework of public procurement, the following, inter alia, should be mentioned:”
(…)
“• 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,”
Slovenia will promote fruitful cooperation with the business sector, trade unions, education institutions, NGOs, and the broader civil society in promoting human rights in business. (pg. 9)
Principle 3d – Human Rights Due Diligence
When monitoring the implementation of the Action Plan, the Slovenian Government will continue the dialogue with the business sector, trade unions, NGOs and other partners on the implementation of human rights due diligence in practice, including the designing of mechanisms and tools for this purpose. (pg. 24)
In December 2013, to promote the UN Guiding Principles on Business and Human Rights, the Ministry for Foreign Affairs of the Republic of Slovenia, in partnership with the Slovenian Chamber of Commerce and Industry, organised the National Forum on Business and Human Rights for representatives of relevant ministries, the National Assembly, business sphere, trade unions, NGOs and academia. (pg. 30)
Principle 8 – Planned activities/orientations
The promotion of the National Action Plan will be carried out both within the ministries and among other stakeholders, whereby the governmental sector will cooperate with the business sector, trade unions, NGOs and other stakeholders. (pg. 30)
Principle 31 – Operational-level Mechanisms
Slovenia will continue its efforts to establish cooperation with non-governmental organisations, businesses, trade unions and academia, to encourage enterprises to strive for continuous development and to apply the relevant appeal mechanisms to address the alleged or potential violations of human rights in business processes, also through human rights due diligence. (pg. 42)
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, the protection of fundamental workers’ rights, the prohibition of forced labour and labour exploitation, freedom of association, and the right to collective negotiations. (pg. 45)
Implementation of the National Action Plan
The implementation of the National Action Plan of the Republic of Slovenia on Business and Human Rights is monitored by the Ministry of Foreign Affairs of the Republic of Slovenia in cooperation with other ministries and government offices; the Ministry may invite representatives of the Government, Human Rights Ombudsman, business sphere, trade unions, NGOs and academia to cooperate. (pg. 43)
There is no direct reference to the freedom of association in the Swedish NAP, but reference is made to freedoms generally, trade unions, and collective agreements.
1 The State duty to protect human rights [page 10]
Swedish legislation to protect human rights
“Human rights are protected in Swedish legislation primarily via the constitutional regulations in the Instrument of Government, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. An individual’s fundamental rights and freedoms are also expressed in other laws. The European Convention for the Protection of Human Rights and Fundamental Freedoms has been incorporated into Swedish law in its entirety and thus applies as Swedish law. When applying EU law, Sweden is obliged to follow the EU Charter of Fundamental Rights. The provisions contained in Swedish law relating to the fundamental rights and freedoms of the individual are primarily aimed at public sector services within central government, municipalities and county councils. …
A typical feature of the Swedish labour market and the Swedish model is that the relationship between employer and employee is largely governed by collective agreements. These agreements often contain regulations that supplement and replace the procedures established by law. The most important act in the area of individual labour law is the Employment Protection Act (1982:80), which regulates how employment contracts may be entered into and terminated. This Act includes provisions stating that indefinite-term contracts should be the general rule but that fixed-term contracts can be mutually agreed in some cases. The Act also states that notice of termination of an indefinite-term employment contract must be based on objective grounds.
In the area of collective labour law, the Employment (Co-determination in the Workplace) Act (1976:580) is the main act. This Act regulates, for example, the right of employee organisations to participate in negotiations ahead of certain decisions by an employer, for example regarding significant operational changes. The Trade Union Representatives (Status at the Workplace) Act (1974:358) is also part of collective labour law. This Act contains regulations on the status of trade union representatives and the right to participate in trade union activities at individual workplaces. …”
2 The corporate responsibility to respect human rights [page 13]
“For a company’s employees, human rights in the workplace are particularly important. The right to participate in collective bargaining and the right to form or join free trade unions are examples of such rights. Special measures should be taken to identify and prevent anti-union policies or actions. This applies both in Sweden and abroad. In some countries it may be difficult for employees to assert their human rights in the workplace.”
2 National Action Plan on Business and Human Rights 2020-23
2.2 Pillar 2: the corporate responsibility to respect human rights
… as part of the UN Global Impact, a number of Swiss companies have voiced their commitment to respecting the freedom of association and recognise the right to collective bargaining in countries where these rights are limited or not recognised …
IV. The corporate responsibility to respect human rights
B. Actions taken
Respect for employee interests and the views of stakeholders (page 12)
‘The workplace is especially important to the human rights of a company’s employees. Examples include an employee’s right to take part in collective bargaining, to form or join in a union, or the protection of labor rights. Accordingly, the Taiwan government actively provides guidance to laborers, focusing on such matters as formation of unions, creation of an environment that is conducive to a smoothly operating union, support for women’s employment, and assistance with the elimination of employment barriers.
At the same time, the Taiwan government encourages businesses to engage in dialogue with stakeholders, unions, and the general public regarding issues involving corporate social responsibility, in order to discover problems and take constructive steps to find mutually acceptable solutions. Investors and consumers are important stakeholders, and as such are be able to question how a business is run and express support and encouragement. News organizations, as members of the Fourth Estate, exercise independent oversight and can spur the public to pay closer attention to corporate social responsibility issues.’
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, UNGP4, Actions taken (page 44).
Section III: Additional National Action Plan Commitments …
Table 5: Workers’ Rights Commitments
The US Agency for International Development will “build on its work to advance worker empowerment, human rights, and labor standards through its Global Labor Programming. The program will […] strengthen the resiliency of trade unions and workers organizations to advocate for better wages and working conditions.” (p.32)
Table 6: Environment, Climate, and Just Transitions Commitments
The US Agency for International Development will “elevate the role of workers, unions, and community leaders in just transition initiatives and work with partners to ensure labor organizations, trade unions, and impacted communities meaningfully participate in energy transition planning.” (p.35)
