Equality and non-discrimination are core human rights concepts; everyone should be treated equally, regardless of their status. In addition, gender equality is essential to achieve peaceful societies, with full human potential and sustainable development. The attainment of equality amongst the sexes, and the elimination of all forms of gender-based discrimination are fundamental human rights and United Nations values as enshrined within several key human rights instruments. Notably, however, many human rights impacts stemming from business activities are ‘gendered’ in that they affect women disproportionately. There has arguably been too little attention to gender issues in most business and human rights frameworks and initiatives, including the UNGPs, which has been noted by several actors, including the United Nations Working Group on Business and Human Rights which issued a Gender Guidance for states and businesses in 2019 (UN OHCHR).
Frequently, women and girls bear a disproportionate burden of negative social, economic, and environmental impacts while having less access to benefits such as job creation, supply contracts, or compensation, which may be generated by private sector development.
Negative gender stereotypes reinforce and perpetuate historical and structural patterns of discrimination, which undermine women’s ability to enjoy improved socio-economic conditions. In 155 out of 173 economies, at least one gender-based legal restriction exists on women’s employment and entrepreneurship (World Bank). Globally, women only make 77 cents for every dollar men earn (UN Women). This has given rise to a ‘gender pay gap’ of 23% worldwide. One reason for this gap is occupational segregation. This can be vertical, whereby women and men are retained by different industries(which may in itself be an offshoot of gender discrimination), and industries with a predominately female work force typically pay less. It can also be horizontal, in that within specific industries, women are give positions with lower salaries and less chance of promotion than men (Investing in Women’s Employment). Women are underrepresented in senior positions within both public and private sectors. For instance, women accounted for 33% of senior management positions in central government, despite making up 52% of all central government employees, in 2016. In the same year, only 4.8% of chief executive officer positions were held by women (OECD). On the contrary, women are overrepresented in agricultural, textile and garment industries, which are characterized as being low paid, insecure and unsafe (UN Women). Aside from employment, women are also sometimes excluded from having autonomy or power over land. In addition to loss of livelihood, they and their families may be displaced without having agency to secure alternative land or compensation (Human Rights Watch).
A mapping by the Danish Institute for Human Rights provides an overview of select topics for state attention in strengthening their gender focus in UNGPs implementation processes, including, but not limited to, NAPs. The objectives of the mapping are to contribute to understanding the rights of women and girls in relation to business and human rights (BHR) dialogue, to identify gaps in gender analysis of BHR, as well as to provide country examples of how such gaps may be addressed.
The UN Guiding Principles explicitly address gender in a number of places.
Guiding Principle 7 calls on States to provide adequate assistance to businesses operating in conflict-affected areas so that they can assess and address the heightened risks of abuses, paying special attention to both gender-based and sexual violence.
Commentary to Guiding Principle 3 urges States to provide guidance to businesses that adequately reflects the specific challenges faced by, among others, women.
Commentary to Guiding Principles 18 and 20 encourages businesses to identify potential negative human rights impacts and monitor the effectiveness of their responses, while paying due attention to the differentiated risks faced by women and men.
Achieving gender equality and the empowerment of all women and girls is SDG 5 of the Sustainable Development Goals. This target includes:
ending all forms of discrimination against all women and girls everywhere;
eliminating all forms of violence against women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation;
ensuring women’s full and effective participation an equal opportunities for leadership at all levels of decision-making in political, economic and public life; and
undertaking reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws.
Apart from SDG 5, gender equality is a crucial aspect of SDG 10 (Reduced Inequalities). Furthermore, achieving gender equality and empowerment of all women and girls makes a critical contribution to progress across all the SDGs and targets, with numerous targets and their associated indicators also specifically aimed at producing equality of outcome. Also of direct relevance for gender equality is SDG target 16.b on promoting and enforcing non-discriminatory laws and policies.
Data disaggregation is the main approach suggested in the 2030 Agenda to monitor unequal progress for different population groups and can help identify challenges to the achievement of gender equality, as a basis for finding solutions to those challenges. The 2030 Agenda for Sustainable Development includes a specific target (SDG 17.18) to enhance capacity-building and significantly increase the availability of high-quality, timely and reliable data disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts. There are significant challenges associated with data disaggregation as well as a significant lack of data. Businesses can help fill some of these gaps through their reporting on relevant issues.
It is important to note that gender is not the same as sex. Gender refers instead to the different social roles assigned to men and women in various societies. Debates on gender roles and human rights often centre on women’s rights for the simple reason that women are traditionally much more likely to be subject to gender discrimination and inequality. However, these inequalities cannot be tackled by treating women’s rights in isolation from the roles and responsibilities of men. (Why human rights matter).
A number of States have implemented legislative measures to increase gender parity within the business and human rights context. In line with the Equal Remuneration Convention, and many countries before them, Mauritius and South Africa both mandated equal remuneration for work of equal value in 2014. India introduced a quota requirement whereby at least one board member of every listed company must be a woman before April 2015. In 2003, Norway implemented a legislative requirement that board membership of listed companies be comprised of 40% women. Other countries that have followed suit include France, Belgium, Iceland and Italy.
Additionally, the Women’s Empowerment Principles developed by the UN Global Compact (UNGC) and UN Women aim “to empower women in the workplace, marketplace and community”. The principles also “emphasize the business case for corporate action to promote gender equality and women’s empowerment.”
Businesses have also taken steps to recognise gender equality as part of their operations. A group of multinational corporations, together with European authorities, have developed GEES : Gender Equality European Standard, a unique standard for European as well as multinational companies authorities to support companies in improving their human resources processes to reach gender equality throughout the company.
Rio Tinto has also published a resource guide for integrating gender considerations into work with communities (Why Gender Matters). By adopting a gender perspective, the guide provides practical advice on how community programmes can deliver more broad based and lasting outcomes than those designed solely by male community leaders.
This is the main action point covering the issue of women’s rights. According to the federal government, “women’s rights have not been specifically embedded in the Guiding Principles on Business and Human Rights,” therefore, “he Belgian government wishes to give them a privileged place within the framework of the National Action Plan on Human Rights and Businesses acting on several tracks in parallel.” These include:
Ratification of ILO conventions in this field: C156 – Workers with Family Responsibilities Convention; C189 – Domestic Workers Convention.
Ratification of Convention No. 175 on part-time work. Standards on part-time work have become increasingly important instruments in addressing issues such as gender equality.
Emphasis on women’s rights in awareness-raising through the network of Belgian diplomacy
Systematic reference in international and bilateral fora to ratification by
concerned parties of the Equal Remuneration Convention No. 100 and Discrimination Convention No. 111 of the ILO.
Action point 4
Promote existing qualitative initiatives on human rights and social responsibility
In relation to the project “The Sustainable Enterprise Development Facility for Job Creation in South Africa”, the Flemish government describes one of the strategies on a meta-level being the development of a business culture amongst the youth, with a particular attention towards young women.
Perform a series of actions aimed at the protection and defence of human and labour rights of migrants through: …
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 trade 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 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 (pages 37-38)
The Ministry of Mining will generate the conditions for transition into 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 on business and human rights targeting 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 receive 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 (page 38)
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 Point 3.5 (page 38)
The General Directorate of International Economic Relations of the Ministry of Foreign Affairs will carry out activities concerning best practices for SMEs, with the purpose of making progress in the application of best practices in the areas of inclusion, leadership and family balance.
Action Point 3.6 (page 49)
The Ministry for Women and Gender Equality will: …
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.
Gender-sensitive approach: A human rights-based approach (HRBA) applied to gender issues reveals how human rights affect women and men differently and how power relations and gender discriminations affect the effective enjoyment of rights by human beings. It will also take into account the document “Gender Perspective of the Guiding Principles on Business and Human Rights” and, in that sense, the importance of understanding that the impacts of business activities vary between men and women.
VIII. FUNDAMENTAL PILLARS
i. Fundamental Pillar 1: The State’s obligation to protect human rights
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Strand 2 [Eje nº 2]: Encourage the creation of regulations and strategies that promote respect for human rights in the development of business activities.
(…)
The Ministry of Mines and Energy [Minminas] will formulate and implement gender guidelines for the mining and energy sector.
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Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity
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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.
Strand 7 [Eje nº 7]: Provide guidance and assistance to businesses and enterprises targeting vulnerable populations
The Ministry of Trade, Industry and Tourism will incorporate the gender approach in the national government’s rural and urban entrepreneurship strategies focused on the most vulnerable population (framework of the integral routes of productive inclusion).
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Strand 9 [Eje nº 9]: The state as economic actor
Bancóldex will develop and implement a gender policy, according to the scope defined by the bank in 2019.
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
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The Presidential Advisory Office for Women’s Equity (CPEM) will provide technical advice to private companies on the implementation of gender equity initiatives.
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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
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The Presidential Advisory Office for Women’s Equity (CPEM) will implement an advocacy strategy for companies to promote actions to close gender gaps and empower women and girls from the logic of the 2030 Agenda for Sustainable Development and Shared Value.
Existing plans, initiatives and strategies [page 8-9]
“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: …
Equal treatment and equality are mentioned at four points in the Czech NAP, however these are not explicitly mentioned in relation to gender or women’s rights.
The Danish NAP makes no reference to women or equality. Reference is made to gender in the following sections.
2.0 The state duty to protect human rights
2.3 Actions taken [page 12]
Protection of human rights in the business sphere in Danish legislation
“Protection of human rights in the business sphere in Danish legislation 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 … gender …”
Appendix 1, GP 7
State Duty to Protect [page 30]
“Supporting business respect for human rights in conflict-affected areas.
Because the risk of gross human rights abuses is heightened in conflict-affected areas, States should help ensure that business enterprises operating in those contexts are not involved with such abuses, including by: …
b) Providing adequate assistance to business enterprises to assess and address the heightened risks of abuses, paying special attention to both gender-based and sexual violence;”
“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
1.1 Human rights in Finnish legislation [page 13]
“According to the equality provision of the Constitution, no one may be treated differently based on sex…”
1.2 Activities in international organizations [page 14]
“Generally, Finland supports the mutual dialogue between international organisations and their cooperation on human rights issues to increase coherence. The Ministry for Foreign Affairs has used development cooperation funds to finance actions related to features such as rights at work, the economic empowerment of women, and decent work.”
3 Expectations towards companies and support services
3.5 Support for Finnish and international organisations promoting the subject [page 28]
“The Ministry for Foreign Affairs uses development cooperation funds to support international organisations, programmes and initiatives which promote the theme of business and human rights. For instance, the Ministry for Foreign Affairs has supported the following projects:
The UN Global Compact CSR initiative for EUR 350,000 in 2013 and its Business for Peace initiative for EUR 200,000 between 2013 and 2014. The activities focus on features such as human rights, gender equality, good governance and environmental affairs.
In 2014, approximately EUR 17 million were spent to support the projects of the International Labour Organisation (ILO). The projects are related to matters such as rights at work, green workplaces for the construction sector, the inclusion of women in the labour market, and decent work.”
… Indeed, most bilateral investment agreements and a growing number of bilateral and regional trade agreements implement mechanisms for investor-State dispute settlement (ISDS). ISDS enables foreign investors to bring arbitration proceedings when they consider that host States have not complied with the terms of the original agreement. ISDS makes it possible to obtain rulings against States that do not respect their commitments (for example, due to discrimination on the basis of gender, …). In 2014, more than 600 cases were registered around the world, not including private disputes between parties whose details were kept confidential …
The National Framework
Actions Underway [page 30]
The [Agence Française de Développement] AFD is working to reduce gender inequality in AFD-funded operations.
…
Footnotes: In line with its framework for crosscutting action on gender, AFD has committed to ensuring that at least 50% of operations funded in foreign countries in 2017 are graded 1 or 2 by the OECD Development Assistance Committee gender equality policy marker (with the exception of AFD funding in the form of global or sectoral budget assistance or unallocated credit lines). In 2015, 39.4% of operations met this criterion.
II- Businesses’ Responsibility to Respect Human Rights
2. Training and Information for Businesses [page 39]
… Thanks to the implementation of innovative partnerships between the public, private and nonprofit sectors, regional movements are providing information, raising awareness, offering training and supporting actions to defend and promote human rights. Regional business networks are also committed to human rights, women’s rights … These networks, which support multi-stakeholder dialogue and operations, develop tools and initiatives adapted to the needs of businesses (micro, small, medium and large enterprises) using cooperative approaches.
Footnote: See, for example, the Guide for Companies: Responding to Violence against Women, a joint publication developed by French and European actors from the public, private and non-profit sectors.
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, …), …
Activity: Researching mechanism of probable promotion concerning corporate social responsibility, including the principle of strengthening women.
Responsible agency: Ministry of Economy and sustainable development of Georgia in cooperation with parliament.
No partnership agency.
Objective 25.11.1: Define conception for elaborating promotive mechanism regarding environment protection in business sector and strengthening women.
Objective indicator: Presentation of research results.
Activity: Searching finest practice in business sector, in terms of environment protection and strengthening women economically and conducting respective research.
Responsible agency: Human Rights Secretariat of the Administration of the Government.
No partnership agency.
Objective 25.12.1: Ensure knowledge of business sector concerning human rights protection mechanisms, including personal data protection and finest standards for strengthening women.
Objective indicator: Presentation of the communicative strategy.
Activity: Elaborating effective communication strategy concerning personal data protection, women strengthening and standards of human rights protection.
No responsible agency.
Partnership agency: Stratcom.
Objective 25.14.1: Prepare manual document concerning human rights protection for companies existing in state property.
Activity: Conducting informational campaign for employees of companies belonging to state property regarding human rights protection, including strengthening women economically.
Responsible agency: Human Rights Secretariat of the Administration of the Government.
No partnership agency.
Objective 25.16.1: Ensure foreseeing issues of human rights protection in state procurement process, including women strengthening principles, not only at supportive but also obligatory level and mainstream human rights based.
Objective indicator: Prepared amendments according to the finest international practice.
Activity: Seeking best international practice about human rights protection issues during state procurement process.
Responsible agency: Human Rights Secretariat of the Administration of the Government; Ministry of Economy and sustainable development of Georgia.
No partnership agency.
Objective 25.23.1: Ensure awareness rising about UN main principles concerning business and human rights.
Objective indicator: Number of conducted trainings.
Activity: Ensuring that trainings are conducted on the principles of strengthening women and environment protection issues.
Responsible agency: Human Rights Secretariat of the Administration of the Government.
Partnership agency: Inter-agency Commission working on the issues of Gender Equality, Violence against Women and Domestic Violence.
Objective 25.25.1: Ensure conducting appropriate actions for public servants about UN main principles with the aim to provide information and raise awareness.
Objective indicator: Number of conducted trainings.
Activity: Training public servants including in terms of strengthening women economically; Using already existing module about the principle of strengthening women economically.
Protection within states’ own territory – challenges within Germany
The current situation [page 15-17]
“The instruments that are now binding in Germany include … the UN Convention on the Rights of the Child”
“Germany is also bound by EU Directive 2011/36/EU and has ratified both the Council of Europe Convention of 2005 on Action against Trafficking in Human Beings and the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. …
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.
In Germany there remains a substantial pay gap between women and men. Career choices based on role stereotypes, women in marginal part-time employment and disparities in career prospects because of structural conditions, the effects of material incentives and discrimination – mainly indirect – against women regarding remuneration are still preventing the realisation of equal pay for equal work. Even where men and women have the same formal qualifications and meet other criteria to the same extent, there is still a measurable pay gap of 7%. These pay differentials are a problem throughout the economy, a problem for which all relevant stakeholders must face up to their responsibility. The Federal Government has initiated a dialogue between employers’ and employees’ organisations on this issue and has introduced numerous non-legislative measures such as the Equal Pay Day and a new computer-assisted assessment procedure for the identification of corporate pay discrimination.”
Development policy
The current situation [page 20]
“In the G7 framework, the Federal Government is pressing for improvement of the economic position of women. Partners in developing countries are to be assisted in eliminating discrimination and violence against women as well as other cultural, social, economic and legal obstacles to the economic participation of women. One objective is to increase, by 2030 the number of women and girls learning occupational skills by one third. The Federal Government actively supports the Women’s Empowerment Principles and is committed to having as many enterprises as possible subscribe to them.”
1.4 Enterprises in public ownership
The current situation [page 26]
“Among the matters covered by the report on federal holdings are the implementation of the Public Corporate Governance Code of the Federation, gender equality and the general sustainability of the listed enterprises.”
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.”
Section 3: Actions
I. Key commitments to ensure policy coherence across Government [page 17]
“Ensure coherence between the implementation of the National Plan on Business and Human Rights and Ireland’s National Action Plan on Women, Peace and Security”
Department of Foreign affairs and Trade
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.
21. Support developing countries to improve their business and investment environment and continue to promote transparent, accountable and effective governance systems, rule of law, and equitable and inclusive economic growth, including transforming economic opportunities and outcomes for women and girls.”
“The second Italian NAP-BHR intends to strengthen the application of the UNGPs through a series of complementary measures, referring in particular to the following guidelines:
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– the commitment to update and improve collective action in relation to multiple human rights issues from the perspective of protecting the ‘most vulnerable’ (women and girls, minors, persons with disabilities, LGBTIQ+ persons, migrants and asylum seekers, persons belonging to ethnic and religious minorities, the elderly), with the aim to empower their role and involvement as right-holders, where individual aspects related to business activities may have a significant impact on these categories from a labour and economic point of view.” (p. 7)
II. Premises
a) Introduction
“A particular attention to BHR issues has been introduced in the Action Plan on Human Rights and Democracy 2020-2024, in the perspective of a wider process for the elaboration of a comprehensive EU framework dedicated to the implementation of the UNGPs. In the aforementioned document, the institutions commit themselves to conducting a dialogue with businesses in order to increase the level of protection and promotion of human rights, with the aim of combating corruption and introducing good practices in the area of corporate social responsibility, Due Diligence, accountability and access to remedy, and to fostering contacts and exchanges between businesses and civil society also in the area of women’s empowerment, sustainable development and decent work.” (p. 9)
c) National Priorities
“5. Strengthening of measures to prevent and combat all forms of exploitation in the labour sector, both public and private, infering vulnerable groups as victims, with particular reference to women, minors, persons with disabilities and LBTIQ+ people” (p. 11)
IV. Italian ongoing activities and future commitments
International development cooperation
“Finally, for a targeted sectoral intervention concerning vulnerable categories, it is important to enhance wider knowledge in the business world about some guidelines adopted in this field: the Guidelines on Childhood and Adolescence, recently revised, the Cooperation Guidelines on Gender Equality and the Empowerment of Women, Girls and Children (2020-2024) and the Guidelines on Disability and Social Inclusion in Cooperation Interventions (2018); the latter one has established relevant targets: increasing the awareness of companies to improve the employment of persons with disabilities; fostering employment through training activities using new information technologies” (p. 25)
Gender dimension
The so-called glass ceiling, i.e. the set of barriers that women meet in their career to reach top positions, is still a widespread phenomenon. However, the representation of women in positions of power and in management bodies of a political, economic and social nature has improved significantly, especially thanks to the results in terms of female participation on boards of directors. As of today, in fact, it is higher than the European average thanks mainly to the implementation of Law No. 120/2011 (the so-called Golfo-Mosca Law). The share of women on the boards of directors of listed companies is close to 40% (38.8% in 2020), almost four times than recorded before for the implementation of the Law (11.6% in 2012). In public companies, women hold one-third of the positions (33.1% in 2020) in management and control bodies, almost doubling the number recorded in 2014 (17.5%). However, there is still a significant disparity in companies that are not subject to the law, where participation is only around 18%, compared to the most advanced countries in Europe. However, discrepancies in other top positions remain significant. The participation of women in top bodies of the public administration is more or less in line with the European average at national level, with a presence of women of about 35% in Governments and Parliaments, although it is further behind the more advanced countries such as Sweden, Finland and France, which have achieved parity. Finally, the representation of women in top management bodies of important bodies in the socio-cultural field, such as research institutes, public radio and television service companies and Olympic committees, is still very low. In 2018, an inter-institutional Observatory, aimed at monitoring the implementation of Law No. 120/2011 was established in the framework of a 5-year Memorandum of Understanding signed by the Department for Equal Opportunities of the Presidency of the Council of Ministers, CONSOB and the Italian National Bank. Acting as a supervisory body on female participation, the Department for Equal Opportunities initiated 391 administrative proceedings against companies whose composition of the Boards of Directors /of Statutory Auditors did not respect gender balance. Overall, these measures have proven to be effective tools to promote the presence of women in top positions and have shown a positive correlation between female empowerment and improved corporate performance. As such, Law No. 120/2011 was renewed in 2019 within the Budget Law 2020 towards the target of 40% percentage of women in corporate boards. Regarding gender leadership issues, the Task Force “Women for a New Renaissance”, established by the Ministry of Equal Opportunities and Family in 2020 to address the impact of Covid-19 on gender issues has produced a Final Report, based on quantitative data and qualitative scientific information on the impact of the pandemic in different sectors. Among the Task Force’s multiple proposals there are those ones targeted to:
– increase the proportion of women in all areas of employment;
– overcoming barriers to advancement in career paths, particularly in the fastest growing fields (STEM, computer science, cloud computing, data and artificial intelligence);
– countering gender stereotypes that prevent women from achieving leadership responsibilities, in order to activate new energies and opportunities for all.
The National Recovery and Resilience Plan (PNRR) also addresses gender inequalities in a cross-cutting manner. In particular, the PNRR places three cross-cutting priorities alongside the three strategic axes shared at European level (digitalization and innovation, ecological transition and social inclusion). This includes the promotion of gender equality, with the aim of investing at least € 7 billion by 2026, to be used to ensure a level playing field in the labour market, close the gender pay gap and increase the number of women in positions of responsibility, ultimately including the presence of women in the political sphere. It is necessary to underline that the PNRR is strongly related to the priorities of the National Strategy for Gender Equality 2021-2026, recently adopted by our Government and elaborated by the Department for Equal Opportunities in coherence with the European Strategy. The National Strategy presents five priorities (work, income, skills, time, power) and aims, among other things, to climb five points by 2026 in the ranking of the Gender Equality Index of the European Institute for Gender Equality (Italy is currently in 14th place, with a score of 63.5 points out of 100, 4.4 points lower than the EU average). The PNRR activities consist of a programme aimed both at encouraging women’s participation in the labour market and in career advancement and at correcting the imbalances that hinder equal opportunities from school age onwards, in line with the second principle of the European pillar of social rights. In order not to put women in the position of having to choose between motherhood and career, the Strategy envisages measures to strengthen welfare, also to allow for a more equitable distribution of commitments, related to parenthood, that are not solely economic. Furthermore the PNRR envisages a specific investment (about € 400 million) to support female entrepreneurship. This improves the current system of support, incentivizing the implementation of innovative entrepreneurial projects for companies with prevalent female participation, providing for mentoring activities, technical-managerial support, work-life balance measures, as well as targeted communication actions, particularly in schools and universities, for the creation of a favourable and emulative cultural climate for female entrepreneurship. The PNRR also provides for the introduction of a national certification system for gender equality that involves the Department for Equal Opportunities. This measure intends to accompany companies in reducing gaps in all of the most critical areas for the professional growth of women and to strengthen wage transparency by guaranteeing companies that will adopt strategies and measures aimed at promoting gender equality within their organizations, (e.g. promotion of women in decision-making positions, introduction of welfare measures for work-life balance, measures to facilitate the return/entry to work of women after maternity leave). For these reasons they should obtain a high index in the certification of gender equality, so to benefit from any tax breaks adopted by the Government. The PNRR includes specific investments in STEM skills as well. In this regard, the implementation of a programme managed by the Ministry of Education, in collaboration with the Department for Equal Opportunities, has been envisaged for the strengthening of STEM, digital skills and orientation activities for girls and young women in order to improve their job prospects and allow Italy to converge with European averages.
(…)
Law No. 4 of 15 January 2021, ratifying and implementing the International Labour Organization Convention n. 190 on the elimination of violence and harassment in the workplace, represents an important evolution in the field of gender protection in the business context. Legislative Decree No. 81/08 and related Decree No. 106/09 had adequately covered safety issues in the workplace, but had not included the issue of harassment, which in fact is limited to occupational safety measures or to internal policies and voluntary practices of companies. In addition, to clarifying the scope of their application, measure 4/2021 provides for the adoption of an inclusive, integrated and gender-centred approach: the private sector, like the public sector, is therefore adopting concrete procedures and tools with the goal of combating violence and protecting employees through guidance and training on prevention.
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. On gender issues related to equality and equal opportunities, they also take into consideration the reports submitted by the Councillors and Equality Councillors as part of the institutional collaboration with the Territorial Labour Institutes, as provided for by Art. 15 of Legislative Decree No. 198/2006. In this regard, in 2018, a new memorandum of understanding was signed between the INL and the National Council of Equality: it was aimed at strengthening the collaboration between the Inspection Agency and the National Network of Councilors/Equality Directors, with particular regard to physical and economic protection of pregnant women and working mothers. As such, in 2019, inspection staff intervened in favour of 466 female workers in the tertiary sector, traditionally characterized by a higher rate of female employment as well as a higher rate of this type of violation (i.e. 81%, compared to 16% in industry, 2% in construction and 1% in agriculture). Moreover, the inspection staff is engaged in prevention activities (pursuant to Art. 8 of Legislative Decree No. 124/2004) aimed at promoting the correct application of the regulations in force in the labour market (i.e. with private companies, employers’ and trade union organizations and trade associations). With reference to the fight against discrimination in the field of equal opportunities and the phenomenon of the so-called “blank resignation”, the role of protection and monitoring carried out by INL in relation to resignations and consensual terminations of working mothers and working fathers with children up to 3 years of age should also be recalled. In fact, the Territorial Offices manage (pursuant to Art. 55, paragraph 4, of Legislative Decree No. 151/2001) the validation procedure of resignations and consensual terminations of workers during the first 3 years of their children’s life, in order to ensure a greater protection of these subjects through an interview aimed at verifying the genuineness of the consent to the termination of the employment relationship. Data concerning these measures are monitored annually, through the use of a special ministerial computer application used by IITTLL staff to issue validations. Information that emerges from this monitoring is provided in the Annual report on the validation of resignations and consensual terminations of working mothers and working fathers, prepared by INL with the contribution of the Office of the National Councillor for Equality and available in the appropriate section of the Agency’s website.
Paragraph 9 of Art. 47 of Decree-Law No. 77 of 31 May 2021, converted into Law No. 108 of 29 July 2021, provided for the obligation to publish on the buyer’s profile, in the “Transparent Administration” section (pursuant to Art. 29 of Legislative Decree No. 50 of 18 April 2016) the reports on the personnel situation (pursuant to Art. 46 of Legislative Decree No. 198 of 11 April 2006) and gender reports on the situation of male and female staff in each of the professions and in relation to the status of recruitment, training, professional promotion, levels, changes in category or qualification, other mobility phenomena, the intervention of the Cassa integrazione guadagni (wages guarantee fund), redundancies, early retirements and retirements, and remuneration actually paid. The provision also provides for an obligation to communicate such data to the Presidency of the Council of Ministers or to the Ministers or delegated authorities for equal opportunities and the family and for youth policies and universal civil service (in July 2021 this provision was included by ANAC among those relevant for the purposes of updating the National Anti-Corruption Plan).” (p. 29)
Children’s and adolescent’s rights
“Italy also promotes “family friendly policies”, as national and corporate policies aimed at supporting workers in their role as parents/caregivers. On this issue, UNICEF has formulated some important indications on the best ways Governments and the private sector can build “family friendly” policies:
– encouraging employers to introduce gender-sensitive and inclusive paid leave entitlements, flexible working arrangements and childcare support systems;
– the introduction of paid parental, maternity and paternity paid leave in the early-birth period and for the first year of a child’s life; fair and gender-sensitive parental leave to ensure that no parent is overburdened by family care; leave available to all, both for fulltime employees and those working part-time or under non-standard contractual arrangements; and financial coverage linked to birth care;
– childcare services made accessible by the end of parental leave, so that there is no gap in available support;
– quality childcare services, made accessible, flexible and affordable, available to all children, regardless of family circumstances;
– alignment of childcare services with other family support policies, such as universal family allowances, to reduce the risk of existing inequalities in access to public childcare facilities.” (p. 41)
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).
(…)
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.” (p. 41)
“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. 43)
ANNEX 1 – Accountability Grid and Assessment Tools for the Implementation of the NAP
“7. Fully implement the provisions contained in the new legislation on Development Cooperation, with particular focus on the relationship between for-profit and not-for-profit actors and promote the widest knowledge among companies of the Guidelines on Childhood and Adolescence, the Cooperation Guidelines on Gender Equality and the Empowerment of Women, Girls and Children (2020-2024) and the Guidelines on Disability and Social Inclusion in Cooperation Interventions.” (p. 62)
“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)
“12. Consolidate AGCOM’s monitoring action on gender issues within the information sector and in particular the press profession” (p. 62)
“16. Further promote an effective implementation of Legislative Decree No. 254/2016 implementing Directive (EU) 2014/95 on the disclosure of non-financial and diversity information by large companies and groups of companies, including through a benchmarking exercise carried out on a sample of companies and aimed at analyzing the effective inclusion of the human rights dimension in non-financial reports published by companies and supervised by CONSOB, including in relation to diversity and gender.” (p. 63)
“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;” (p. 65)
“40. Strengthen the action of the Italian Cooperation on gender equality, including through support to the economic development of women in post-conflict situations in line with the three UN Pillars (peace and security, development and human rights) and in the context of the legislative and programmatic framework of UN Security Council Resolution 1325 “Women, Peace and Security” and Fourth National Action Plan on Women, Peace and Security adopted by Italy in 2020.” (p. 67)
“42. Preparation – by and/or in collaboration with the Inter-ministerial Committee for Human Rights – of spaces and activities for awareness raising and training on human rights and business (with particular attention to the so-called vulnerable categories (women, minors, persons with disabilities, LGBTIQ+ persons, minorities, migrants, etc.) designed as tools for support to businesses and public officials.” (p. 67)
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 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.
(…)
(Future measures planned)
(…)
(b) Promote employment of persons with disabilities
(…)
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]
(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]
(3) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
(Existing framework/Measures taken）
(…)
Under the Women’s Participation Act, businesses that regularly employ 301 or more workers are obligated to: (1) understand the status of women’s participation and advancement in business enterprises and analyze issues; (2) establish, notify, disseminate, and publish an action plan incorporating quantitative goals and initiatives based on the understanding of the status and analysis of issues; and (3) publish information on the company concerning women’s participation and advancement in the workplace. These initiatives were enhanced with the partial revision of the Women’s Participation Act in May 2019.
(…)
(Future measures planned)
(d) Publicize the NAP and raise awareness of human rights due diligence to Japanese business enterprises operating overseas via Japanese embassies, consulates, and overseas offices of government-related entities
Publicize the NAP and raise awareness of human rights due diligence with possible cooperation with local agencies and organizations by Japanese embassies and consulates. In so doing, sufficient attention is to be paid to the issue of protection of human rights of workers in supply chains, including the socially vulnerable such as women and children. [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Trade and Industry]
(…)
(f) Steadily implement the Act on the Promotion of Women’s Participation and Advancement in the Workplace
The revised Act was adopted and enacted at the ordinary parliamentary session in 2019 (effective from June 1, 2020). The expansion of the Act’s scope (to be effective from April 1, 2022) included: expansion of the obligation to develop action plans and to have information disclosure for business enterprises employing 101 or more employees, and the obligation to reinforce information disclosure applied to business enterprises employing 301 or more employees. Going forward, disseminate information on the contents of the revision, and provide support for SMEs to develop action plans for smooth implementation of the revised Act. [Ministry of Health, Labour and Welfare]
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
(…)
(Future measures planned)
(…)
(c) Publicize activities and improve operation of the Japanese NCP under the OECD Guidelines for Multinational Enterprises
Enhance and facilitate cooperation among the three ministries in charge in accordance with the OECD Guidelines for Multinational Enterprises and perform appropriate functions as the Japanese NCP. In particular, make procedures more transparent, while securing fairness and impartiality, and continue public relations activities. In so doing, pay attention to the perspectives of gender and respect for human rights in supply chains. Cooperate with the Japanese NCP Committee comprising the Government, labour, and management, and seek advice from experts where necessary. [Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry]
(e) 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]
(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]
CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS
2.2 Kenya’s Experience with Business and Human Rights [Pages 5-6]
Under the social pillar of the Vision 2030, Kenya aims to build a just and cohesive society with social equity in a clean and secure environment. The Key sectors under the social pillar namely: […] gender […].
2.3 Land and Natural Resources [Page 8]
The country has made strides in the legal and policy protection of women’s property rights as relates to ownership, inheritance, management and disposal. The 2009 National Land Policy amongst other provisions cites the need to protect women’s right to inherit land and the land rights of widows and divorced women. It also distinguishes the inheritance rights between married and unmarried women directing the Government to secure the rights of unmarried daughters. The Matrimonial Property Act, 2013 provides that a married woman has equal rights as a maried [sic.] man to acquire, administer, hold, control or dispose of property whether movable or immovable. The Act further provides that ownership of matrimonial property vests in the spouses according to their contribution, either monetary or non monetary, in its acquisition and upon divorce should be divided between the spouses. The Marriage Act, 2014 provides that parties to a marriage have equal rights and obligations at the time of the marriage, during and at the dissolution of the marriage. However despite these laws, there are still obstacles including cultural traditions, historical injustices and lack of awareness that inhibit women from accessing and owning their fair share of property and attendant rights.
2.6 Labour [Pages 12-13]
It is imperative that the labour market is regulated to ensure compliance with constitutional, legal and international standards. Several SDGs and ILO core conventions cover various aspects of working conditions including decent work and economic growth, reduction of inequality, quality education and gender equality. The SDG targets include: […] 3 (double the agricultural productivity and incomes of small- scale food producers, in particular women, […]); 4.5 (eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations); 5.2 (eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation); and 8.5 (achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value). Others are 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), and 16.2 (end abuse, exploitation, trafficking and all forms of violence against and torture of children).
During the stakeholders’ consultation the following concerns were identified:
Sexual harassment is widespread and underreported with women being the majority of victims- fear of job loss being a major factor in the reluctance to report. Furthermore there is low enforcement of the Sexual Offences Act, 2006;
Lack of access to maternity and paternity leave. While the law provides and protects both maternity and paternity leave, not all workers in the private sector are able to access this benefit for fear of job loss. Once again, enforcement of the law in this respect remains weak;
Low level of awareness on labour rights among workers (mostly women in low income or low skilled jobs) and employers;
[…]
Lack of publicly available statistics disaggregated by sex and other vulnerabilities that could be useful in addressing sex and other forms of discrimination in the workplace; […]
2.7 Access to Remedy [Pages 13-15]
[…] [T]here are a number of legislative provisions regulating business conduct to protect those within Kenya’s jurisdiction from business-related human rights violations. Protection against discrimination on the ground of HIV/AIDS status, for example, covers those in employment. The same applies to the protection of discrimination against persons with disabilities, women and marginalised groups.
CHAPTER THREE: POLICY ACTIONS
3.1. Pillar 1: The State Duty to Protect [Pages 16-18]
Policy Actions
The Government will:
i. Introduce a requirement for conducting Human Rights due diligence including the particular impacts on gender before approval of licences/permits to businesses;
vii. Sensitise relevant sections of the public especially women and other marginalised and minority groups on –
Land laws, including resettlement and compensation frameworks;
Labour laws and the rights of migrant workers; and
Environmental laws and standards;
viii. Develop procedural guidelines for use by businesses, individuals and communities in their negotiations for land access and acquisition. These guidelines will ensure and safeguard the participation of women, persons living with disabilities, youth, children and other marginalised groups;
xi. Strengthen leverage in using public procurement to promote human rights. This will involve the review of existing public procurement policies, laws and standards and their impacts with due regard to the state’s human rights obligations including women’s rights as part of the criteria; and,
3.2. Pillar 2: Corporate Responsibility to Respect Human Rights [Page 18-19]
Policy Actions
a) Training: Develop and disseminate guidance for businesses on their duty to respect human rights and the operationalisation of this duty in the Kenyan context, including the implications of their operations on the environment, gender, human rights defenders, minorities, persons living with disabilities, marginalised and other vulnerable groups to promote responsible labour practices and inclusivity.
c) Human rights due diligence: Require businesses to identify their human rights impacts including through conducting comprehensive and credible human rights impact assessments before they commence their operations and continuously review the assessment to ensure that they prevent, address and redress human rights violations. Such impact assessment should involve meaningful consultation with potentially affected groups and other relevant stakeholders and include particular gendered impacts.
3.3. Pillar 3: Access to Remedy
A) State-based judicial and non-judicial remedies [Page 21]
Policy Actions
viii. Increase the capacity of the labour inspection department to handle labour-related grievances, including through:
Increasing the number of labour inspectors to monitor and enforce compliance with labour standards by businesses, with particular attention to the implementation of mandatory policies to prevent and address sexual harrassment [sic.] and violence, payment of minimum wages, equal pay for work of equal value, prohibition of child labour and non- discrimination against women, marginalised groups and minority groups; […]
B) Non-State-Based Grievance Mechanisms [Page 21]
Policy Actions
The Government will:
Develop and disseminate guidance for businesses on the establishment of credible operational-level grievance mechanisms that are consistent with international standards. Such grievance mechanisms should be responsive to the needs and rights of vulnerable groups such as women, persons with disabilities, children and indigenous persons
CHAPTER FOUR: IMPLEMENTATION AND MONITORING [Page 22]
To ensure that the measures proposed in this NAP are implemented, there shall be a NAP steering committee overseen by the Department of Justice and the Kenya National Commission on Human Rights. The Implementing Committee will consist of representatives from the following institutions:
[…]
Three (3) Civil Society Organizations Representatives of persons living with disabilities, women and indigenous persons
[…]
National Gender & Equality Commission
[…]
ANNEX 1: SUMMARY OF POLICY ACTIONS [Page 23]
Strategic Objective
Policy Actions
Key Actors
Strategic Objective 1:
Enhance existing policy, legal, regulatory and administrative framework for ensuring respect of human rights by business through legal review and development of specific guidance for business
Introduce a requirement for conducting Human Rights due diligence including the particular impacts on gender before approval of licences/permits to businesses.
OAG&DOJ; State Department of Gender; Ministry of Trade and Industrialization, Ministry of Mining
ANNEX 2: LEGISLATION PROPOSED FOR ENACTMENT OR AMENDMENT
S/No.
Legislation/Issue
Proposals
1.
Companies Act, 2015
a. Development of guidelines for non financial reporting
b. Introduce a requirement for conducting Human Rights due diligence including the particular impacts on gender before approval of licences/permits to businesses
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 nongovernmental organizations in this field.”
C. Measures related to research and training on non-discrimination and other human rights [page 2-3]
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 groups 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 issues.”
D. Measures related to research and training on equality between men and women [page 3-4]
1. “Research and 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 of7 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 spheres;
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
C. Planned measures [page 8]
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 (hereinafter referred to as National Progress Programme) establishes priorities for the implementation of Lithuanian progress strategy ‘Lithuania 2030’. …
The National Progress Strategy also introduces horizontal principals related to sustainable development, gender equality and non-discrimination.”
‘Luxembourg’s NAP does not explicitly address this issue’
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.
Chapter THREE Actions to improve the responsibilities of business enterprises to respect human rights
1. Promote and raise awareness of the “UN Guiding Principles on Business and Human Rights” as well as “Gender Dimensions of the Guiding Principles on Business and Human Rights” by the Working Group on the Issue of Human Rights and Transnational Corporations and other Business Enterprises.
Actions and measures to be implemented:
Introduce and promote the “UN Guiding Principles on Business and Human Rights” and “Gender Dimensions of the Guiding Principles on Business and Human Rights” among the private sector, employers, workers, professional associations and the general public, and develop and disseminate guidelines, recommendations and other relevant materials to assist them in introducing these principles into their business activities.
Time frame: 2023-2025
Criteria: Recommendations, handbooks and guidelines will be developed. Awareness and understanding activities will be planned and implemented in phases.
Implementing organisations: MFA [Ministry of Foreign Affairs], MED [Ministry of Economy and Development], MET [Ministry of Environment and Tourism], MCUD [Ministry of Construction and Urban Development], MRTD [Ministry of Road and Transport Development], MMHI [Ministry of Mining and Heavy Industry], MoE [Ministry of Energy], Secretariat of NCGE [National Committee on Gender Equality], PCSP [Agency for Policy Coordination on State Property], SMEA [Small and Medium Enterprise Agency].
Jointly implementing organisations: Relevant ministries and organisations, MNCCI [Mongolian National Chamber of Commerce and Industry], MONEF [Mongolian Employers Federation], CMTU [Confederation of Mongolian Trade Union], Professional associations, NGOs, IOs.
“In 2021, on the 10th anniversary of the UNGPs, the UN conducted a survey which showed that the UNGPs have become the authoritative global framework for business and human rights. Building on this survey, the UN has developed a UNGPs 10+ roadmap covering the next 10 years. It stresses policy coherence and encourages partnerships between states, businesses, rightsholders, trade unions, civil society organisations and international organisations to tackle the root causes of business-related human rights violations. Its emphasis is on the importance of directly involving local rightsholders, including women. This requires also taking other internationally recognised publications such as ‘Gender Dimensions of the UNGPs’ into account, alongside the UNGPs 10+ roadmap.” p. 21.
Including ‘business and human rights’ in the Netherlands’ foreign policy
Integrating responsibilities in conflict areas and fragile states into policy
“The Netherlands is committed to collaborating with other donors and organisations in making joint analyses which include a gender dimension. An example here is Dutch investment in the International Finance Corporation’s (IFC) Conflict Affected States in Africa (CASA) initiative. A conflict-sensitive approach to private sector development was central in the 13 fragile states in which this IFC project was implemented.” p. 43.
Development cooperation
Sustainable trade with and investment in developing countries
“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.” p 46.
Pillar II
RBC support office
“The new RBC support office will form a one-stop shop for RBC policy by supporting all businesses, including those that do not (as yet) fall under the scope of current legislation, in their application of due diligence. … Services offered by the RBC support office may include:
…
• Offering and providing risk-specific knowledge and expertise, for example about major RBC risks such as … combating child labour and gender-related risks…” p. 59.
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 will include a gender perspective.” p. 63.
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.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)
PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS ACTIONABLE ITEMS F. COMMUNITY RELATIONS “Business must have a Community Relations Guidelines. This will be developed in conjunction with the community stakeholders. The Community Relations Guidelines shall draw from the report of the Human Rights Due Diligence (HRDD) and Human Rights Impact Assessment (HRIA). The company is also expected to conduct Peace and Conflict Assessment (PCAI) as part of their entry strategy. They extent of these assessments will depend on the kind of business the company is involved in. The Community Relations Guidelines shall provide for such things as employment, community development, contracts, scholarships etc. to ensure inclusiveness, gender consideration and board representation of all interest shall be taken into account.” (p.163)
“The duty of business enterprises to respect human rights is set out in Norwegian legislation, for example in the Working Environment Act, the Gender Equality Act and the Environmental Information Act.
2.6 Human rights in conflict areas [Paragraph 2, page 26]:
The Ministry of Foreign Affairs is the contact point for companies in matters of security abroad. The dialogue on the risk of gender-based and sexual abuses will be intensified where appropriate.
…
The 12th Principle [page 31]:
Internationally recognised human rights’ are those set out in the Universal Declaration of Human Rights of 1948, the two 1966 International Covenants, on Economic, Social and Cultural Rights and on Political and Civil Rights, and the ILO core conventions. In some cases other standards may also be applicable, such as the rights of women, indigenous peoples, national, ethnic or linguistic minorities, children, people with disabilities, or foreign workers and their families.
…
The ILO Core Conventions [page 31]:
The elimination of discrimination (Convention No. 100 on Equal Remuneration for Men and Women Workers for Work of Equal Value, and Convention No. 111 on Discrimination in Respect of Employment and Occupation).
…
4. Access to remedy
4.2 Non-state-based grievance machanism [page 41]
Norway has a number of well-functioning institutions such as the Labour Inspection Authority, the Ombudsman for Children, the Consumer Ombudsman, the Equality and Anti-discrimination Ombudsman, the Norwegian Environment Agency and the Parliamentary Ombudsman for the Public Administration. There are also complaints mechanisms in connection with the rights of employees, children, women and men.
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: […] (3) elimination of discrimination in business activity and the workplace, including the gender pay gap […].
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).
Federal and Provincial (page 16)
‘4. Review and update existing legislation to strengthen the protection of human rights within the context of business activity, incorporating gender equality as a foundational and cross-cutting theme, in line with Pakistan’s Constitutional and international obligations, and in support of the framework of the UNGPs.
Performance indicator(s): (i) Review report; (ii) Number of laws updated
UN Guiding Principle(s): 1, 3
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 4 designating the Ministry of Human Rights and the Ministry of Law and Justice as Leading Entities, and designating Cabinet Secretariat; Provincial Human Rights Departments; Provincial Social Welfare Departments; National Commission on Human Rights; National Commission on Child Welfare and Development; National Commission on the Status of Women; Ministry of Industries and Production; Ministry of Commerce; Chambers of Commerce; Labour Unions; Ministry of Planning, Development and Reform; Ministry of Parliamentary Affairs; Ministry of Climate Change; Ministry of Interior; Ministry of Federal Education & Professional Training; Ministry of Inter-Provincial Coordination; Ministry of Overseas Pakistanis and Human Resource Development; Ministry of Religious Affairs and Interfaith Harmony; Parliamentary Functional Committee on Human Rights; National Commission on the Rights of the Child as Additional Entities (page 44).
3.2. NAP Priority Areas
3.2.2. Anti-Discrimination, Equal Opportunity, and Inclusion
‘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.’
Proposed Actions
Federal (page 20)
‘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
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; Ministry of Industries and Production; Provincial Commissions on the Status of Women; Ministry of Law & Justice; Provincial Human Rights Departments; Ministry of Overseas Pakistanis and Human Resource Development; Provincial Women Development Departments; CSOs and NGOs; and the Business Community as Additional Entities (page 48).
Federal and provincial (pages 20-22)
‘16. Review, and amend where required, existing laws pertaining to all forms of violence against women and girls, and ensure effective functioning of Gender-Based Violence Courts.
Performance indicator(s): (i) Review report; (2) Number of laws amended
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 16 designating the Ministry of Human Rights, the National Commission on the Status of Women and the Ministry of Law and Justice as Leading Entities (page 48).
‘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 deisgnating the Ministry of Finance, Revenue and Economic Affairs; Ministry of Human Rights; Ministry of Commerce as Leading Entities, and designating Ministry of Industries and Production; Ministry of Information Technology; Provincial Human Rights Departments; National Commission on Human Rights; National Commission on the Status of Women; Ministry of Law & Justice; Provincial Law Departments; Provincial Commerce Departments; Provincial Industries and Production Departments; NGOs and CSOs; Federal and Provincial Women Development Departments; 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
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
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
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.
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
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).
‘29. Establish Provincial Entrepreneurial Advisory Cells for and led by women and vulnerable or marginalised groups. Performance indicator(s): (i) Number of cells established
UN Guiding Principle(s): 2, 3, 8, 11, 12
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 29 designating the Provincial Small and Medium Enterprises Development Authorities and the Provincial Chambers of Commerce & Industry as Leading Entities (page 54).
‘30. Develop mechanisms to ensure vocational training of female prisoners to rehabilitate them and ensure their participation in the economy after completion of their prison sentences.
Performance indicator(s): (i) Number of female prisoners trained
UN Guiding Principle(s): 3, 9
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 30 designating the Provincial Home Departments; Provincial Women Development Departments; Provincial Vocational Training Authorities as Leading Entities, and designating the Provincial Human Rights Departments and the Provincial Commissions on the Status of Women as Additional Entities (page 55).
3.2.4. Labour Standards and the Informal Economy
Proposed Actions
Federal (pages 28-29)
‘37. Adopt a National Policy on Home Based Workers (HBW).
Performance indicator(s): (i) Adoption of Policy
UN Guiding Principle(s): 1, 2, 3
Relevant SDG(s): Goal 5 – Gender Quality; 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 37, designating the Ministry of Human Rights, the National Commission on Human Rights and the Ministry of Overseas Pakistanis and Human Resource Development as Leading Entities, and designating the National Commission on the Status of Women; Provincial Labour & Human Resource Departments; Provincial Human Rights Departments; Provincial Commissions on the Status of Women; Provincial Child Welfare
Departments/Bureaus; National Commission for Child Welfare and Development; Provincial Law Departments; Ministry of Foreign Affairs; Ministry of Commerce; Ministry of Planning and Development; Provincial Human Rights Departments; CSOs & NGOs as Additional Entities (page 58).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention
UN Guiding Principle(s): 1, 2, 3
Relevant SDG(s): Goal 5 – Gender Quality; 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 38 designating the Federal Cabinet of Pakistan as Leading Entity, and designating Ministry of Human Rights; Ministry of Law & Justice; Ministry of Foreign Affairs; Provincial Human Rights Departments; Provincial Commissions Ministry of Overseas Pakistanis and Human Resource Development; Provincial Child Welfare Departments/Bureaus; National Commission for Child Welfare and Development; Provincial Law Departments; Ministry
of Foreign Affairs; Ministry of Commerce; Ministry of Planning and Development; Provincial Human Rights Departments as Additional Entities (page 59).
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 Quality; 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 39 designating the Federal Cabinet of Pakistan as Leading Entity, and designating the Ministry of Foreign Affairs, the Ministry of Law and Justice, the Ministry of Human Rights, the Ministry of Parliamentary Affairs and the Ministry of Planning, Development and Reform as Additional Entities (page 59).
Federal and Provincial (pages 29-30)
‘41. Strengthen labour inspection mechanisms, including by ensuring the sufficient funding and capacity of the mechanisms, and conduct regular inspections of business enterprises, including in the informal economy, to safeguard adherence to minimum wage and other labour rights. Ensure inclusion of women as labour inspectors as well.
Proposed Performance indicator(s): (i) Measures taken to strengthen labour inspection mechanisms; (ii) Number of inspections carried out
UN Guiding Principle(s): 1, 2, 3, 4
Relevant SDG(s): Goal 1 – No Poverty; 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 41 designating the Provincial Labour and Human Resources Departments as Leading Entity and the Provincial Industries Departments, the Provincial Commerce Departments, the Provincial Human Rights Departments, the Provincial Mines and Minerals Departments, the Provincial Planning Departments, the Provincial Social Welfare Departments, the Provincial Women Development Departments (page 60).
‘42. Conduct a review process of labour laws, standards, and policies to gauge the differentiated impacts or deficits of these laws, standards and policies on women and vulnerable or marginalised workers, including in the informal economy, and identify and enact as required new or amended laws, standards, or policies.
Performance indicator(s): (i) Review process reports; (ii) Proposal of Amendments; (iii) Laws, standards, or policies enacted
UN Guiding Principle(s): 1, 3, 8
Relevant SDG(s): Goal 5 – Gender Quality; 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 42 designating the Provincial Governments and the Provincial Labour & Human Resources Departments as Leading Entities, and designating the Provincial Commissions on the Status of Women; Provincial Law Departments; Provincial Human Rights Departments; Provincial Women Development Departments; Provincial Departments of Empowerment of Persons with Disabilities; Provincial Social Welfare Departments; Provincial Labour Departments; Provincial Industries Departments; Provincial Commerce Departments; Provincial Rural Development Departments; Provincial Local Government Departments as Additional Entities (page 61).
Provincial (page 31)
‘48. Pass Provincial legislation, or strengthen compliance with existing legislation, on Domestic Workers.
Performance indicator(s): (i) Provincial legislation passed or steps taken to strengthen compliance
UN Guiding Principle(s): 1, 3
Relevant SDG(s): Goal 5 – Gender Quality; 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 48 designating the Provincial
Governments; Chief Minister’s Inspection Team; Provincial Labour and Human Resource Departments as Leading Entities, and designating the Provincial Law and Parliamentary Affairs Departments; Business Community; Provincial Local Government Departments; Provincial Social Welfare Departments; Provincial Women Development Departments; Workers Welfare Boards; NGOs & CSOs as Additional Entities (page 64).
‘50. Conduct an Impact Assessment of COVID-19 on the tourism industry (including a gender impact assessment), with a focus on adverse human rights impacts.
Relevant SDG(s): Goal 1 – Zero Poverty; Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 11 – Sustainable Cities and Communities; Goal 12 – Responsible Consumption and Production; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 50 designating the Provincial Governments and the Tourism Departments as Leading Entities, and designating the Provincial Finance Departments; Provincial Planning and Development Departments; Provincial Excise and Taxation Departments; Provincial Social Welfare and Human Rights Departments; Provincial Industries, Mines & Minerals Departments; Provincial Labour Departments; Provincial Commerce Departments as Additional Entities (page 65).
3.2.7 | Occupational Health and Safety
Proposed Actions
Federal and Provincial (pages 35-36)
‘62. Bring up-to-date health and safety legislation, standards, rules and guidelines, and independent enforcement mechanism for all sectors, with immediate priority allotted to the most hazardous sectors based on available data or reported concerns, and account for the differentiated needs of workers, including women, elderly workers, and others.
Performance indicator(s): (i) Number of new or updated laws, standards, rules, guidelines, and independent enforcement mechanisms
UN Guiding Principle(s): 1, 3
Relevant SDG(s): Goal 3 – Good Health and Well-being; Goal 5 – Gender Equality; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 62 designating the Ministry of Industries and Production and the Provincial Labour and Manpower Departments as Leading Entities, and designating the Ministry of National Health Services, Regulations and Coordination, the Provincial Health Departments, the Provincial Mines & Minerals Departments, the Chief Minister’s Inspection Teams, the Ministry of Human Rights, the Provincial Human Rights Departments, the Ministry of Planning, Development and Reform, the Provincial Planning and Development Departments, NGOs, CSOs, Trade/Labour Unions, the Business Community as Additional Entities (page 69).
3.2.8. Access to Remedy
Proposed Actions
Federal (page 36)
‘64. Conduct a national study on barriers to entry and advancement of women in the justice sector. Performance indicator(s): (i) National study report
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 64 designating the Ministry of Human Rights; Provincial Human Rights Departmnets; National Commission on the Status of Women as Leading Entities, and designating the Provincial Industries and Commerce Departments; the Federal & Provincial Ombudspersons for Sexual Harassment as Additional Entities (page 69).
Federal and Provincial (pages 36-37)
‘65. Establish Labour Courts in all districts, and review the existing framework of Labour Courts, including assessment of gender-responsiveness, and utilise the findings to increase and strengthen functioning of Courts to provide for the efficient handling of industrial disputes and the effective protection of labour rights.
Performance indicator(s): (i) Number of newly established Labour Courts; (ii) Review reports; (iii) Budgetary allocations
UN Guiding Principle(s): 1, 3, 25, 26
Relevant SDG(s): 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 65 designating the Federal and Provincial Governments; Ministry of Law and Justice; Provincial Law Departments; Provincial Labour Departments; Legal experts as Leading Entities, and designating the High Courts, Supreme Court of Pakistan, Law and Justice Commission of Pakistan; Ministry of Parliamentary Affairs; Provincial Parliamentary Affairs Departments; Trade/Labour Unions as Additional Entities (page 70).
Provincial (page 37)
‘69. Conduct compliance review to verify that effective and gender responsive organizational remedial mechanisms, including Inquiry Committees, are established in all public and private enterprises.
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 69 designating the Industries and Commerce Departments and Fact-Finding Committees as Leading Entities, and designating the Relevant Industries and Businesses as Additional Entities (page 71).
CHAPTER 4: State Expectations of Business Enterprises (pages 38-39)
‘To facilitate and guide business enterprises in ensuring compliance with and supporting the effective implementation of the NAP priority areas and the UNGPs, the State of Pakistan expects business enterprises to: […]
13. In addition to the UNGPs, be cognisant of and guided by international guidelines and principles such as the Gender Dimensions of the UNGPs, […] Women’s Empowerment Principles, […]OECD Due Diligence Guidelines for Responsible Supply Chains in the Garment and Footwear Sector, […], and other guidelines and standards applicable to their respective sectors.’
ANNEX II: Actions Already Undertaken by Pakistan
A | General Measures Relevant to Business and Human Rights (page 72)
‘Inclusion of marginalised communities and women in the formal economy through enactment of laws facilitating the employment of transgender persons and women in different sectors. The Action Plan on Human Rights also prioritizes gender issues.’
B | Measures Relevant to NAP Priority Areas
ii. Anti-Discrimination, Equal Opportunity, and Inclusion
Gender-Based Discrimination (pages 73-75)
‘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 Ministry of Human Rights has launched a helpline aimed at offering legal advice and support regarding women’s right to inheritance. The Ministry has also launched an awareness campaign on ‘Rights of the Girl Child’.
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.
Benazir Income Support Programme was inaugurated to provide social assistance to women by giving interest free financial assistance to female beneficiaries under their Waseela-e-Haq (Micro-Finance) programme to start their own businesses. Additionally, the Waseela-e-Sehat programme subsidizes health care for beneficiaries and provides life insurance to close to one million women while the Waseela-e-Rozgar programme provides vocations and technical trainings. Similary the Ehsaas Program includes components related to financial assistance, micro[1]credit, interest free loans, and similar initiatives for women and vulnerable or marginalised groups.
The Election Act 2017 was passed to improve women’s participation in elections by requiring political parties to field women candidates on at least 5% of the general seats for the National and Provincial Assemblies. The Election Commission of Pakistan is empowered to nullify results in constituencies where women’s turnout is equal to or less than 10% and to take necessary actions against any agreements that ban women from voting.’
Punjab (page 75)
‘The Punjab Fair Representation of Women Act 2014 creates an obligation on public sector bodies to ensure a 33% quota for women in decision-making positions.
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 Protection against Harassment of Women at the Workplace Act 2010 ensures that women are provided adequate protection against harassment at places of work. Every organization is under an obligation to create an inquiry committee to investigate and decide open cases of harassment at the workplace in accordance with the provisions of the Act. A Provincial ombudsperson has been authorized under the Act to investigate and decide upon cases of harassment.
The Sindh Women Agriculture Workers Act 2019 was promulgated to protect the social security rights of female labourers in Sindh.
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[1]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 (pages 76-77)
‘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.
The Khyber Pakhtunkhwa Protection against Harassment of Women at Workplace Act 2018 ensures that women are provided adequate protection against harassment at places of work. Every organization is under an obligation to create an inquiry committee to investigate and decide open cases of harassment at the workplace. A Provincial ombudsperson has been authorized under the Act to investigate and decide upon cases of harassment.
The Khyber Pakhtunkhwa Commission on the Status of Women was established under the Khyber Pakhtunkhwa Commission on the Status of Women Act 2016 and is mandated to oversee implementation of laws and policies to ensure the protection of women’s rights and to encourage participation in economic activity without any distinction.’
Balochistan (page 77)
‘The Balochistan Protection Against Harassment of Women at Workplace Act 2016 provides adequate protection to women against harassment at places of work. Every organization is under an obligation to create an inquiry committee to investigate and decide open cases of harassment at workplace in accordance with the provisions of the Act. A Provincial ombudsperson has been authorized under the Act to investigate and decide upon cases of harassment.
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 Punjab Commission on the Status of Women was established to empower women and promote gender equality.’
Khyber Pakhtunkhwa (page 79)
‘The policy also highlighted the difficulties faced by transgender persons in Khyber Pakhtunkhwa and committed to taking steps through the integration of policies and programs for the promotion of transgender persons in skill development and job placement in industrial and commercial establishments. It was affirmed through this policy that transgender persons will be mainstreamed in all economic sectors, barriers for their participation in economic activities will be removed and their accessibility will be increased to all educational, vocational and workplace institutions.’
CHAPTER I : PROCESS OF ELABORATING THE FIRST NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS
1.2. Methodology: Peer-to-peer dialogue as the basis of the NAP
Management by results favors that the NAP complies with the requirement of mainstreaming the human rights approach and its complementary approaches (Minjusdh, 2019), which are the following:
Gender approach: considers the roles and tasks performed by women and men in a society, as well as the asymmetries and power relations and inequalities that occur between them, and seeks to understand and explain the causes that produce them in order to formulate measures that contribute to overcoming the social gaps generated by gender inequality, ensuring access by women and men to public resources and services and strengthening their political and citizen participation under equal conditions.
Differential approach: this contemplates a progressive development of the principle of equality and non-discrimination, considering that, although all people are equal before the law, the law affects each person differently, according to their class, gender, ethnic group, age, physical or mental health, sexual orientation, gender identity, or another status.
Intersectional approach: is a tool for the analysis of the multiple discriminations that people suffer individually and collectively, especially women; this approach helps us to understand how different variables (social, cultural, economic, religious, ethnic, generational, etc.) influence access to rights and opportunities, for example, being an older woman, being indigenous and having a disability. – page 16
CHAPTER II: THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU
Regarding gender issues, the Aequales report (2020) measures gender equity in different organizations in Latin America, through a questionnaire that addresses the key areas for equity. In the 2020 edition, 910 organizations participated, of which 10 companies with the best position in the Peruvian ranking are linked to the finance and insurance, business services, pharmaceutical, construction, telecommunications, and retail sectors. – page 34
In that vein, the Working Group on Business and Human Rights has called for a general call to break the cycle of corruption that generates human rights violations related to business activities, analyzing public procurement and State concessions, land acquisition, health and pharmaceutical supply chains (with special attention in the context of the pandemic), the extractive sector, as well as the gender dimensions of business, human rights and corruption (UN. Working Group on the issue of human rights and transnational corporations and other business enterprises, 2020, §§ 58-60). – page 37
CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS
3.2. Conclusions of the specific issues
Freedom of association and collective bargaining
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.
Moreover, occupational health and safety is a human right and requires an approach that takes into account the special needs of each category, risky jobs, gender, interculturality, and sexual orientation. – page 44
Women
There is historical structural discrimination against women that generates various violations in the access to rights such as freedom from violence, sexual and reproductive health, participation in decision-making spaces, and violations in social and economic rights. The Peruvian State has been developing a mandate to mainstream the gender approach and promote gender equality in order to coordinate, articulate, and oversee policies and institutional management, but it needs to strengthen actions to address: (i) limitations to access, permanence, and development in the labor market, which have differentiated expressions, (ii) limited access and participation in decision-making spaces and (iii) gender violence in the workplace and (iv) the overload of unpaid care work that women have, which impedes their access to the labor market.
There are important practices from the business sector such as the implementation of the Working Committee for the Promotion of Women’s Empowerment in the Business Sector, as well as other initiatives in empowerment for leadership and business, promotion of incursion in traditionally male tasks, rankings, and seals that recognize companies that implement gender equality practices. One of the main demands from civil society is the establishment of a care system, which represents one of the main barriers to women’s equal access to work and other spaces. It is also important to mention that it is necessary to implement due diligence measures.
In recent years, a significant effort has been made to incorporate a gender perspective in the administration of justice in order to institutionalize this approach in judicial work. The greatest efforts of the justice system are concentrated on the problem of violence against women and family members. However, there is a scarce technological process, inefficient allocation of resources, as well as a lack of specialization, which will have a differentiated impact on women and men. In addition, some various sexist prejudices and stereotypes are still present in the justice system and prevent women from accessing their rights on equal terms. – page 45/46
People with disabilities
According to the National Multisectoral Policy on Disability for Development to 2030, structural dis- crimination against persons with disabilities is a public problem that transcends and is independent of individual discriminatory actions; and that, in addition, it is part of a process of accumulation of disadvantages and has social implications in the areas of enjoyment of rights and reproduction of social inequality. In Peruvian culture, people with disabilities are still perceived from the medical standpoint, i.e., disability is in the person and not in the social barriers, which does not allow reducing inequality gaps. This situation of disadvantage is greater in the case of women. – page 47
LGBTI people
There is a robust normative framework against discrimination, but it is also required a normative framework and public policies that address their particular needs and guarantee non-discrimination in: (i) promotion of employment for LGBTI people, (ii) access to employment, (iii) working conditions, and (iv) permanence. This group also needs to overcome statistical invisibility in judicial and administrative records.
The progress made by the formal business sector, especially from the Global Compact, Confiep, and business organizations such as Pride Connection, Presente, and Ranking PAR, is noteworthy. It is important to deepen these advances and replicate them in other companies and extend them to suppliers, distributors, and clients, seeking their articulation with public policies in other business sectors in order to progressively overcome the existing structural problems in the promotion and access to employment, safe working environments (prevention, attention and sanction protocols) for access and permanence in the workplace, perception of labor benefits, among others. Public advocacy and state counseling, as well as oversight, should include an explicit focus on the needs of LGBTI people, for example, through the incorporation of the needs of this vulnerable group in Legislative Decree No. 728. – page 48
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.
8.
Action: Create and implement a permanent training program based on international standards on GP-RBC, from the Justice and Human Rights sector, with special emphasis on the specific needs of organized civil society, indigenous peoples, Afro-Peruvian people, trade unions, special protection groups, communities, and peasant patrols, and citizens in general.
Background/Indicator: Training plan on GP-RBC for unions, indigenous peoples and Afro-Peruvian people, with special emphasis on women. – page 61
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.
Background: Special protection groups (LGBTI, elderly people, people with disabilities, women, migrants, Afro-Peruvians) require the State to adopt measures that guarantee their right to fair and equitable treatment in consumer relations and not to be discriminated against on the basis of origin, age, sex, sexual orientation, etc., in the products and services offered.
Indicator: Number of training activities on equality and non- discrimination in consumption and/ or advertising for suppliers and/or consumers. – page 62
12.
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. – page 63
Strategic guideline No. 3: Design of public policies that promote respect for human rights by companies through accountability, investigation, and sanction for the impacts of their activities.
Objective 1: Promote policies and/or standards that guarantee respect for human rights in business activities.
53.
Action: Incorporate the human rights approach, taking into consideration the GP-BHR and other international standards, in public policy related to the issue of persons with disabilities.
Background: Public management policies, plans, and programs should consider the human rights approach and its complementary approaches (gender, disability, intercultural, age, territorial, and differential) in their design, elaboration, and implementation, taking into consideration the HR-PR and other international standards in public policies.
Indicator: Study on the incorporation of the human rights and disability approach in the employment of people with disabilities. – page 91
56.
Action: Promote the reconciliation of work and family life in public and private sector workplaces.
Background: To provide answers that favor the reconciliation of family and work-life for women and men working in public and private sector workplaces, under principles of gender equality, understanding the complexity of family ties in a diversified society.
Indicator: Regulatory proposal for the Strengthening of child daycare services in public and private sector workplaces for the reconciliation of family and work life; Report the number of public and private sector workplaces that implement child daycare services that promote work-life balance; Report the number of employees in public and private sector workplaces benefiting from child daycare services that promote the reconciliation of work and family life. – page 93/94
62.
Action: Guarantee equal access to work and work performance for LGBTI people.
Background: Promote initiatives aimed at ensuring equal employment opportunities for LGBTI people.
Indicator: Evaluation and recognition of legal entities working to promote the employment of LGBTI people through the certification mark “Safe Company, Free of Violence and Discrimination against Women”. – page 101
Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities
72.
Action: Promote the rights and non-discrimination of special protection groups (elderly people, Afro-Peruvians, people with disabilities, women, LGBTI people, migrants) in advertising and the media.
Background: Media companies have a responsibility to promote and respect the rights of specially protected groups (elderly people, Afro- Peruvians, people with disabilities, women, LGBTI people, migrants), since, through the content of their programming, they make visible or make invisible certain aspects of society, reinforcing narratives that benefit or harm this population group.
Indicator: Number of informative letters sent to market agents. – page 109
75.
Action: To support the commitment of companies in the fight against harassment, sexual harassment, and any type of violence in the workplace.
Background: One of the difficulties identified in the area of business and women’s rights are situations of harassment and sexual harassment. This requires institutionalized prevention work and the implementation of due diligence measures to prevent possible violations in the context of business activities. The “Safe Company, Free of Violence and Discrimination against Women” Certification Mark is biannual. Therefore, biannual goals will be considered.
Indicator: Number of editions of the “Safe Company, Free of Violence and Discrimination against Women” Certification Mark: Number of editions of the “Safe Company, Free
of Violence and Discrimination against Women” Certification Mark; Percentage of legal entities certified with the “Safe Company, Free of Violence and Discrimination against Women” Certification Mark that receive technical assistance in the prevention of and attention to violence against women; Number of women accessing the “Work without Harassment” service. – page 110
78.
Action: Promote gender equality and non-discrimination within companies.
Background: Currently, the gap in women’s participation in the formal private sector persists. Three out of every 10 people working in the formal private sector are women. In order to raise awareness of the importance of promoting the inclusion of women in the workplace, communications and awareness-raising activities will be carried out. The greater participation of women in the labor market has a direct impact on the development of their economic autonomy.
Indicator: Number of informational materials or communication actions directed at the business sector. – page 113
2. Ministry of Development Funds and Regional Policy
Activities under the European Social Fund
[page 7]
“Another area in which ESF+ support will be implemented is care for the youngest children. 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.”
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 28-29]
“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.
3. Promoting the participation of women in management structures of Polish sports associations and encouraging them to implement the recommendation following from the Good Governance Code for Polish Sports Associations (PZS), which indicates that women should constitute at least 10% of the PZS board composition if women account for more than 30% in national teams managed by the given PZS and at least 30% if there are more than 50% women in national teams.
Although the Good Governance Code for PZS is a non-legislative tool and does not constitute a source of rights or obligations directly for the addressees, it provides an opportunity to promote desirable models without interfering with the autonomy of the sports movement.”
12. Public Procurement Office
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,”
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
[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;”
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 3a – Equal opportunities for women and men
The Resolution on the National Programme for Equal Opportunities for Women and Men for the 2015–2020 period sets out the following objectives for combating gender-based discrimination at work: better information on the rights and supervision of the implementation of provisions prohibiting discrimination in employment and at work and on the prohibition of sexual or other harassment and mobbing [bullying] in the workplace. (pg. 16)
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)
In the sphere of gender equality, 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 same approach is undertaken by the Ministry about integrating gender equality into local-level policies and measures; the Ministry has, inter alia, drawn up 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)
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)
3. Public procurement considering social responsibility [page 5]
Highly recommend to apply the guidelines which reflects the corporate social responsibility.
– Give additional credit points to companies which are ‘female·disabled friendly companies’ and which offer work-learning dual program following the guidelines of qualification examination on goods purchase(Public Procurement Guidelines).
– Give additional 10% point on management condition mark when female·disabled friendly companies or social enterprises record construction ratio over 30% according to detailed guidelines of qualification examination on facility construction(Public Procurement guidelines).
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.
“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 Discrimination against Women;
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 7
Measure 2
“Within the framework of the implementation of the II National Action Plan on Women, Peace and Security, the Government will develop tools and action guides directed to companies on how to address the risk of sexual violence and gender violence in conflict situations.”
1 The State duty to protect human rights [page 10]
Swedish legislation to protect human rights
“The purpose of the Discrimination Act (2008:567) is to combat discrimination and in other ways promote equal rights and opportunities regardless of sex, transgender identity or expression, ethnicity, religion or other belief, impairment, sexual orientation or age. The Act applies to employment in a broad sense, educational activities, labour market policy activities and employment services not under public contract, starting or running a business, supply of goods, services and housing, organisation of a public gathering or event, and health and medical care and social services.”
2 The corporate responsibility to respect human rights [page 13]
“The conditions for companies’ efforts to respect human rights vary depending on their size, the countries and regions they operate in and their line of business, but the common goal is to prevent the companies’ activities from leading to human rights abuses, including the exploitation of children. UNICEF, Save the Children and the UN Global Compact have developed the Children’s Rights and Business Principles, which provide guidance for companies in their work. Companies should also help to defend and strengthen women’s rights, including through access to the labour market and by combating discrimination in all its forms.”
Annex: Measures planned [page 27]
Regulations and legislation
“The EU has adopted new procurement directives: a Directive on public procurement, a Directive on procurement by entities operating in the water, energy, transport and postal services sectors, and a Directive on the award of concession contracts. The recitals of the Directives expressly state that the contracting authorities or entities in their contracts can require suppliers, in the performance of the contract, to comply in substance with the provisions of the basic International Labour Organisation (ILO) Conventions. Such conditions might also be intended to favour the implementation of measures for the promotion of equality of women and men at work, the increased participation of women in the labour market and the reconciliation of work and private life, the protection of the environment or the recruitment of more disadvantaged persons than are required under national legislation. …”
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.
2.2.1 Foundational principles
Guiding Principles 11 to 15
The responsibility of business enterprises to respect human rights refers to internationally recognised human rights. … Depending on the circumstances, business enterprises must also observe additional standards concerning particularly vulnerable population groups, including agreements protecting … women …
2.2.2 Operational principles: human rights due diligence
Measure 21: Support for UN bodies in charge of promoting the UN Guiding Principles
The federal government will continue to lend political and financial support to the UN Working Group, the Office of the UN High Commissioner for Human Rights and the annual UN Forum on Business and Human Rights in Geneva. It will work with these bodies on several projects that:
– take account of gender issues in the implementation of UN Guiding Principles;
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 Act 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.
Objective
Indicator
Responsibility
Achieve equal pay for men and women.
Number of companies using the Logib tool.
Example of a public sector employer publishing detailed findings from its equal pay analysis as well as the conclusions of the independent auditor.
Example of a listed company publishing detailed results of its equal pay analysis in their annual report.
FOGE [Federal Office for Gender Equality]
2.3.2 Operational principles: state judicial mechanisms
Guiding Principle 26
Domestic judicial mechanisms (the courts) may be used to determine matters involving business-related human rights abuses. The federal government intends to ensure the effectiveness of these mechanisms by devising measures to reduce legal, practical and other hurdles that could prevent those affected from gaining access to remedy. These measures should pay particular attention to the additional obstacles that women may face.
Measure 32: Rule of law and access to justice in host states
The federal government contributes to the strengthening of the rule of law and the promotion of human rights in host States. It engages in political dialogue and international development cooperation programmes in the field of good governance and access to justice. The federal government aims to ensure that communities have access to a fair, transparent and functioning judicial system where they can bring claims and hold the relevant authorities to account. Within this framework, particular attention is given to women and the additional obstacles they can face with regard to access to justice in general and, more specifically, in relation to business-related human rights abuses.
Objective
Indicator
Responsibility
Help improve access to justice in host States.
Example of measures by public sector and civil society actors to improve access to judicial proceedings or alternative conciliation procedures and access for specific sections of the population, such as women and disadvantaged groups (source: report on development cooperation programmes to promote good governance and access to justice).
Continue pushing for passage of laws to protect working conditions and labor rights (pages 9-10)
‘[…] we intend to pursue a number of strategies aimed at boosting women’s economic empowerment. These include promotion of women’s entrepreneurship (and employment), creation of gender-equal workplaces, promotion of flexible working hours and locations, encouragement of re-entry into the job market, and prevention of early withdrawal from the workforce.’
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, UNGP2, Actions planned (page 40).
IV. The corporate responsibility to respect human rights
B. Actions taken
Greater information transparency (page 13)
‘[…] in response to the Sustainable Development Goals (SDGs), our government has set up a number of corporate excellence awards to recognize strong performance in such areas as transparency and business ethics, gender equality, and talent development. The purpose is to get companies to strengthen disclosure of non-financial information and implement human rights policies.’
C. Actions planned
Advocate for disclosure of non-financial information (pages 14-15)
In addition to studying the feasibility of expanding the range of businesses subject to a compulsory requirement to prepare CSR reports, the Taiwan government will also advocate for disclosure by businesses of non-financial information (related issues will include important environmental, social, and governance (ESG) topics — such as […] gender equality […] — all of which are matters of concern to stakeholders). The goal of such a policy would be to ensure that businesses understand that the disclosure of non-financial information can make up for the shortcomings of financial information, thus enabling businesses to effectively identify and manage risks. This would facilitate the formulation of better business policies, and contribute to the achievement of forward-looking objectives, thus enabling the adoption of sustainable business practices.
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, UNGP3, Actions planned (page 43).
V. Access to remedy
B. Actions taken
Non-judicial remedy (page 18)
‘The Taiwan government encourages members of the public to make use of alternative dispute resolution (ADR) schemes (e.g. grievance, conciliation, mediation, and arbitration procedures that are provided to the public by courts, government agencies, and private groups) to achieve the earliest possible resolution of disputes involving many different matters, including […] gender equality […].’
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, UNGP27, Actions taken (page 57).
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 […]. 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 […], 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.’
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)
No.
Issues
Activities
Responsible agencies
Time-frame (2019–2022)
Indicators (wide frame)
Compliance with National Strategy/ SDGs/UNGPs
6.
Eliminating discrimination in employment and the workplace
Study the feasibility and effect of the amendment of the Labour Law to be consistent with the Gender Equality Act 2015
– Ministry of Labour
2019–2022
Number of reviews of the Labour Law
– National Strategy for Social Cohesion and Just Society
– SDG 8 and 10
– UNGPs Articles 1, 3, 4, 5 and 7
Disseminate knowledge and understanding about the Gender Equality Act 2015 and mechanisms under the Act to adjust people’s attitudes in society to understand and accept gender equality
– Ministry of Social Development and Human Security
2019–2022
– Number of media pieces disseminated
– Number of trainees
– National Strategy for Social Cohesion and Just Society
– SDG 5 and 10
– UNGPs Articles 1, 3 and 8
Organize activities to enhance knowledge and understanding on gender diversity with various sectors, including the business sector
– Ministry of Justice
2019–2022
– Percentage of understanding regarding gender diversity issues
– National Strategy for Social Cohesion and Just Society
– SDG 5 and 10
– UNGPs Articles 1, 3 and 8
Encourage entrepreneurs to issue policies, regulations, or measures to prevent sexual harassment and violence in the workplace
– Ministry of Social Development and Human Security
Ministry of Labour
2019–2022
– Number of businesses/ establishments that follow the Thai Labour Standards and are encouraged to have policies to protect against sexual harassment
– National Strategy for Social Cohesion and Just Society
– SDG 5, 8 and 10
– UNGPs Articles 1, 2, 3, 5, 7 and 8
Consider and determine measures, policies and mechanisms to promote women’s employment. Allow women to have roles in the labour system to create gender equality in line with international standards.
– – Ministry of Labour
2019–2022
Number of establishments/ businesses inspected and joining in employing women to promote gender equality
– National Strategy for Social Cohesion and Just Society
– SDG 5, 8 and 10
– UNGPs Articles 1, 3, 4, 5 and 7
Pillar 2: Responsibilities of the business sector in respecting of human rights
2.3 Elimination of discrimination in the workplace
State enterprises and the business sector should increase the employment of women … by considering as appropriate, including requiring the establishments for proper facilities set-up.
Pillar 3: Duties of the state and the business sector to provide remedy (Remedy)
No.
Issues
Activities
Responsible agencies
Time-frame (2019–2022)
Indicators (wide frame)
Compliance with National Strategy/ SDGs/UNGPs
1.
Complaints and petitions
Increase the efficiency of the mechanism to receive complaints under the Gender Equality Act 2015
– – Ministry of Social Development and Human Security
2019–2022
Assigned officials according to the Act in every province
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 11
– UNGPs Articles 27, 28, 29 and 31
3.2.3 Action Plan (2019–2022)
Pillar 1: State duties in protecting (Protect)
No.
Issues
Activities
Responsible agencies
Time-frame (2019–2022)
Indicators (wide frame)
Compliance with National Strategy/ SDGs/UNGPs
5.
Management of natural
resources and the environment
– Review and develop mechanisms to manage natural resources and the environment by focusing on participation of all sectors, including women and ethnic groups
– Ministry of Natural Resources and Environment
– Ministry of Interior
2019–2022
Reviewed and developed mechanisms to manage natural resources and the environment by focusing on participation of all sectors
– National Strategy for Eco-Friendly Development and Growth
– National Strategy for Public Sector Rebalancing and Development
– SDG 11, 13, 14 and 15
– UNGPs Articles 1, 3, 4, 5 and 7
8.
Development of government operations
Consider determining measures to certify rural development and land policies with gender- based dimensions in mind. A person should not be forced to be evicted, if there is a need to act, there should be a Free Prior Informed Consent form and the evicted person must also be compensated
– Ministry of Agriculture and Cooperatives
– Ministry of Natural Resources and Environment
– Ministry of Interior
2019–2022
– Measure to certify rural development and land policies that considered gender dimensions Compensation paid to the evicted person
– National Strategy for Public Sector Rebalancing and Development
– SDG 5, 10 and 11
– UNGPs Articles 1, 3, 4, 5 and 7
3.3.3 Action Plan (2019–2023)
Pillar 1: State duties in protecting (Protect)
No.
Issues
Activities
Responsible agencies
Time-frame (2019–2022)
Indicators (wide frame)
Compliance with National Strategy/ SDGs/UNGPs
3.
Protecting human rights defenders
Establish or review policies, mechanisms and protection measures to protect human right defenders including female human rights defenders to work safely and train law enforcement agencies practically
– Ministry of Justice
– Royal Thai Police
– Office of the Attorney General
2019–2022
– Reviewed or improvement of policies, mechanisms and protection measures to protect human right defenders including females to work safely
– Train law enforcement agencies about policy, mechanisms, processes and measures to protect human rights defenders
– National Strategy for National Security
– National Strategy for Public Sector Rebalancing and Development
– SDG 5 and 16
– UNGPs Articles 1, 3, 5 and 7
Organize training for law enforcement officers to enhance their knowledge and understanding in enforcing laws on the protection of human rights, such as handling rallies, expressing human rights, preventing dishonest lawsuits that attack human rights defenders, etc., including improving gender-sensitivity
– Royal Thai Police
– Office of the Attorney General
– Office of Court of Justice
– Ministry of Defence
– Ministry of Justice
– Ministry of Foreign Affairs
2019–2022
– Trained law enforcement officers with better knowledge and understanding of law enforcement regarding the protection of human rights
– National Strategy for Public Sector Rebalancing and Development
– SDG 11, 16 and 17
– UNGPs Articles 1, 3, 5, 7, 8 and 10
Pillar 3 Duties of state enterprises and the business sector (Remedy)
No.
Issues
Activities
Responsible agencies
Time-frame (2019–2022)
Indicators (wide frame)
Compliance with National Strategy/ SDGs/UNGPs
4.
Remedies
Remedies for victims as per the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power as appropriate and with gender-sensitivity
– Ministry of Justice
2019–2022
Improved the system and measures to remedy victims as per the UN Declaration of Basic Principles of Justice as appropriate and with gender- sensitivity
– National Strategy for Public Sector Rebalancing and Development
(…) Gender issues manifest in such businesses, such as; men continue to receive the most benefits of the mining industry, women often bear the disproportionate share of social, economic, and environmental risks that sometimes arise from this sector. Women employed in mines work under unsafe conditions often characterized by meager pay, sexual harassment, poor sanitation, domes c violence and exposure to hazardous substances such as mercury among others. It has also been argued that health impacts are felt disproportionately by women as they tend to be primarily responsible for caring for the health of family members.
3.3 Labour Rights
(…)
The Government has created conducive working environment that allows for businesses to thrive. As such, businesses have become a major source of employment for Ugandans especially the youth and women.
(…)
Notwithstanding the progressive legal regime, there are a number of abuses experienced by especially vulnerable groups like women, people with disabilities and youth. The field findings revealed glaring gaps in labour administration in the country particularly in the business sector. No ng that whereas each district is mandated to have a labour officer, due to budgetary limitations and varying priorities at the district level, many districts do not have substantive labour officers in place. Those in place raised a concern of difficulty in executing their jobs due to under-funding to the labour functions, lack of transport to carry out routine and effective supervision and corruption, which hinders compliance to their rulings. Some of the labour officers also highlighted challenges of information asymmetry between the centre (MGLSD) and the local governments.
The consultations also revealed that women comprise of the majority of labour force in the Planta on Agriculture and informal Sectors—which still face challenges around regulatory and protective measures. Casualization of labour is also ripe within these sectors. It was further revealed that cases of occupational and safety health hazards of women in manufacturing and production industries have increased. It was also shared that workers are employed without formal contracts hence no job security as well as limited access to remedy for human rights abuses by business operations including delays or lack of compensations in case of workplace accidents. In some companies, management was not in support of their workers joining trade unions since they consider it that it affects the productivity of workers. It was also reported that employees are often exploited by companies to work for long hours and are often poorly remunerated. This was reported to be common in the planta on and construction companies. It was further established that many employers in the business sector do not comply with the laws guaranteeing labour rights.
Uganda Human Rights Commission highlighted an emerging human rights concern of trafficking of persons abroad for work. It was noted that most of the victims were women and youth. The commission also highlights that there is no clear reporting and response mechanism for those caught up in violations abroad. It was further noted that despite registration and licensing of companies to regulate this business, many fraudulent companies were not fully complying with the established guidelines thus exposing Ugandans to violations of their rights. During stakeholder consultations the issues raised include; negative impacts of externalization of labour where youth especially girls were taken to work abroad without contracts. Subsequently such victims experience abuse of rights, physical and psychological violence and lack of protection while abroad.
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.
CHAPTER FOUR: STRATEGIES AND INTERVENTIONS
STRATEGIES
(…)
OBJECTIVE 2: To promote human rights compliance and accountability by business actors
5.9.1 Empower communities especially vulnerable persons to claim their rights
(…)
ii. Conduct community dialogue meetings with rights holders prioritizing women, youth, older
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
Review and enact laws guaranteeing FPIC, particularly ensuring meaningful consultations with vulnerable groups, such as women, persons with disabilities, indigenous persons, ethnic minorities and persons living with HIV and AIDS.
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.
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.
(…)
iii. Advocate for gender equality through ensuring equal opportunity to both men and women in business operations and promotion of the gender equality seal programme.
iv. Advocate for elimination of sexual harassment in business operations.
4.4.2 Engagement of business operators on human rights
Require human rights due diligence by businesses through comprehensive human rights impact assessments involving meaningful consultation with potentially affected groups, including consideration of gendered impacts of operations and covering value and supply chains.
(…)
v. 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
(…)
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
5.1 Ministry Of Gender, Labour and Social Development
Provide leadership in implementation of the action plan.
Create awareness and appreciation for the National Action Plan.
Ensure the development and use of guidelines on human rights in business operations.
Build and strengthen the capacity of duty bearers in human rights based programming.
Monitor and evaluate social impact assessments in infrastructural developments.
Create and establish effective mechanisms and networks to enhance coordination of implementation of the NAP.
Undertake assessments and audits for compliance to human rights by business operations including state and non-state entities.
Mobilize resources for implementation of the action plan.
Monitor and evaluate the contribution of the national action plan to development and reduction of human rights abuses and violations by business operations.
Monitor and evaluate the implementation of this action plan.
Budgeted outputs in Annex I include:
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)
The UK 2016 Updated NAP refers to women’s rights in the Introduction [page 3]:
“Since the publication of the UNGPs, in 2011, and the UK’s National Action Plan in 2013, there have been a number of developments at the international level. In particular: … Protect labour rights, promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment (SDG 8.8)”.
The UK 2016 Updated NAP states in the section devoted to Government Commitments, [page 11]:
“The Government will do the following to reinforce its implementation of its commitments under Pillar 1 of the UNGPs: … Consider new project activity on raising awareness and tackling the negative impacts of business activity, including on the human rights of groups like … women … by tasking our diplomatic missions in countries where these are concerns.”
Section I: Responsible Business Conduct and Due Diligence …
The U.S. Government Expectations for Businesses on Human Rights Due Diligence
“[…] the USG expects businesses to account for populations that face disproportionate impacts of business activity in conducting HRDD. Best practice dictates developing policies to protect HRDs and taking steps to prevent reprisals against defenders. Throughout their HRDD efforts, businesses should account for the disproportionate harms business activity can have on marginalized populations, including women and girls in all their diversity; persons with disabilities; members of ethnic, religious, linguistic, or racial minority groups; Indigenous Peoples; LGBTQI+ persons; children; and migrant workers.” (p.10)
Section III: Additional National Action Plan Commitments …
Table 4: Technology Commitments
The Department of State will, “in its implementation of the U.S. Strategy to Prevent and Respond to Gender-Based Violence Globally, will engage with the private sector to identify solutions to technology-facilitated gender-based violence (TFGBV) through the Global Partnership for Action on Gender-Based Online Harassment and Abuse (“Global Partnership”). […] The Global Partnership will engage the private sector, including technology platforms, through expansion of its multistakeholder Advisory Group and through a series of dialogues to increase shared understanding of and identify solutions to TFGBV in line with the Global Partnership’s three strategic objectives.”
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
The Department of State will, in partnership with the US Department of Agriculture “implement a program in Free Trade Agreement (FTA) partner countries to increase capacity at seed banks and nurseries to promote women’s leadership and expertise. This project, Safeguarding the Future: Promoting Gender Equity and Equality and Climate Action Through Seed Banks and Nurseries, will provide opportunities for women through training, education, and networking. The project will enhance the implementation of climate adaptation measures through nature-based solutions and further women’s technical knowledge and transferable skills to provide them advancement opportunities in existing seed banks or nurseries and/or help them to start their own enterprises.” (p.34)
– Preventing and fighting against gender-based violence (GBV) on the internet
+ Lead agency: Ministry of Labor, War Invalids and Social Affairs;
+ Coordinating agencies: Ministry of Information and Communications, ministries, ministerial-level agencies, governmental agencies and other relevant agencies;
+ Outputs: Review and study reports and proposals and recommendations (if any);
+ Deadline: 2025.
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
