Businesses are integral to the business and human rights discourse, but they will sometimes lack human rights experts within their workforce. Providing guidance to business is a good way to educate shareholders, management, and staff on human rights issues relevant to their business. The UN Guiding Principles on Business and Human Rights (UNGPs), detail in Guiding Principle 3 that States should “Provide effective guidance to business enterprises on how to respect human rights throughout their operations”. Commentary to Guiding Principle 3 clarifies that:
“Guidance to business enterprises on respecting human rights should indicate expected outcomes and help share best practices. It should advise on appropriate methods, including human rights due diligence, and how to consider effectively issues of gender, vulnerability and/or marginalization, recognizing the specific challenges that may be faced by indigenous peoples, women, national or ethnic minorities, religious and linguistic minorities, children, persons with disabilities, and migrant workers and their families.”
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Among the earliest guidance for businesses supported by states was the CSR COMPASS; developed with support from the Danish Government. The Dutch government has also supported the development of an online tool, which is designed to help companies exporting to, importing from, or have production facilities, in foreign countries, identify which corporate and social risks are related to their business activities, and what their options are for managing these risks. Similarly, the U.S. administration assisted companies to eradicate forced and indentured child labour by developing a list of specific goods made in certain source countries, where production is likely to involve child labour and/or forced labour. As a result of a joint effort from NGOs, companies and the canton of Geneva, this guide offers companies operating in the commodities trade a catalogue of suggestions for applying the UN Guiding Principles on Business and Human Rights in line with the OECD guidelines on Due Diligence for Responsible Business Conduct (RBC).
Women and girls experience business-related human rights abuses in unique ways and are often affected disproportionately including with regards to access to remedy. In order to effectively meet their respective human rights duties and responsibilities under the UNGPs, States and business enterprises need to give special attention to the unique experiences of women and girls and the structural discrimination or barriers that they face. In light of this, the UN Working Group on BHR launched the guidance on the gender lens to the UNGPs in order to unpack the gender dimensions of the UNGPs and provide further guidance regarding gender impacts.
The Commentary to Guiding Principle 3 adds that:
“National human rights institutions [NHRIs] that comply with the Paris Principles have an important role to play in helping States identify whether relevant laws are aligned with their human rights obligations and are being effectively enforced, and in providing guidance on human rights also to business enterprises and other non-State actors.”
A crucial starting point for business is referring to the UNGPs for guidance on how to achieve the SDGs with respect for human rights and fulfil the promise of leaving no one behind. Further, SDG 17 urges all stakeholders to form meaningful partnerships in order to find for best solutions for SDG implementation.
Other resources available to guide companies in measures to advance the SDGs are offered by the United Nations Global Compact. Its SDG Compass provides companies with practical recommendations on how they can align their strategies as well as measure and manage their contribution to the realization of the SDGs, offering five steps that assist companies in maximizing their contribution to the SDGs. More specifically, the United Nations Global Compact has developed a Business & Human Rights Navigator to enhance companies’ understanding of adverse human rights impacts that might occur across their value chains. The BHR navigator provides an overview of risk factors, due diligence actions as well as case studies on a wide range of BHR issues, including child labour, forced labour, working time or freedom of association. The UN Global Compact has, in collaboration with Shift, further developed human rights e-learning and a Business and Human Rights Accelerator Programme to help build the capacity of business on human rights.
This point aims at awareness-raising the Belgian diplomacy on the issues of social responsibility, sustainable development and the problem of companies involved in human rights violations, briefly mentions that “at the present, diplomats do not always have the necessary tools or knowledge on “human rights and business” in particular, to inform and guide the companies in question in order to ensure that their extraterritorial activities take account of their impact on human rights.” Belgian representatives will receive a practical toolbox (Action point 3) to better inform companies who contact them with a wish to expand their activities abroad. The toolbox will also include elements on grievance mechanisms (based on Action 2), enabling the Belgian diplomatic network to better inform businesses, victims of possible violations and all other interested parties about the access to remedy in Belgium.
The regional governments added that they will spread the toolbox to enterprises through agencies Flanders Investment & Trade, l’Agence wallonne à l’Exportations et à aux Investissements étrangers (AWEX ), l’Agence pour l’Entreprise et l’Innovation (AEI), Bruxelles Invest & Export – as well as other regional institutions. At least every second year, economic and trade attachés from the Brussels Invest & Export gather for a one-week seminar in Brussels. On this occasion, Brussels Invest & Export will propose an awareness-raising session on the theme of “Business & Human Rights”.
Action point 7
Raise awareness among companies on issues of human rights in the context of economic missions abroad
The aim of this action is to ensure that the economic missions organized by Belgium, in consultation and cooperation with the regional authorities, include awareness-raising on the issue of corporate social responsibility, and sustainable development in general, but especially the respect for human rights. The federal government adds that “economic missions are a good opportunity to distribute and publicize the toolbox discussed in action 3. This awareness raising also offers the possibility of bringing Belgian companies in contact with the network of UNCG Belgium and, where applicable, the UNCG network of the country visited.
Action point 10
Belgium is committed to integrating human rights and corporate social responsibility (CSR) criteria into the local private sector development support strategy of Belgian cooperation
This point briefly mentions that the Trade for Development Center aims to improve market access for Southern producers and entrepreneurs by directly supporting local producer organizations, local businesses, or professional organizations as well as developping expertise on the themes of trade aid, fair trade and sustainable trade in order to put in place strategies for awareness raising and transfer of knowledge.
Action point 22
Encourage responsible supply chain management with a sector-wide approach
The federal government describes that the NCP will continue, through a sectoral approach, its work of informing and raising awareness of Belgian companies on the sustainable management of supply chains.
Action point 24
Pay special attention to the issue of children’s rights in awareness raising of enterprises
The NAP describes that in 2010 UNICEF launched a process, alongside the UN Global Compact and Save the Children, to develop a set of principles that provide concrete advice on what companies can do to respect and support children’s rights.
One of the engagements will be the active support and awareness raising of companies on the Principles governing enterprises in the field of children’s rights, in order to allow Belgian companies to maximize the positive effects of their activities on the lives of children by supporting and respecting their rights and those of their parents or guardians, including the right to a decent wage.
Action point 27
Educate Belgian companies on the problem of corruption and strengthen Belgian commitments on this theme
This point briefly covers the matter of guiding companies, specifically on the issue of corruption. One of the actions will be the awareness-raising of Belgian companies on the problem of corruption (through the Brochure of the Belgian Federal Authorities (NCP, Ministry of Economy and Ministry of Justice) with the Confederation of Belgian Enterprises and the International Chamber of Commerce; as well as through the network of Belgian diplomacy).
Action point 28
Implementation of the Flemish Action Plan “Sustainable International Entrepreneurship 2014-2015-2016
The government of Flanders explains that Flanders Investment & Trade 2015 plan includes contributing to the education of Flemish companies on socially responsible international entrepreneurship through awareness-raising activities. The FIT “wants to offer concrete information to companies, both through their website and in national dossiers, through training courses for the benefit of Flemish economic representatives and advisers in international entrepreneurship.”
Strand 1: Training in the Field of Business and Human Rights
Action point 1.1 (page 30)
The Ministry of Foreign Affairs will: …
DIRECON [the General Directorate of International Economic Relations] will raise awareness and further knowledge of relevant international instruments and their link with the United National Guiding Principles on Business and Human Rights, such as the Tripartite Declaration of Principles Concerning Multinational Business Enterprises and ILO’s Social Policy, and ISO 26,000. The above will be carried out through presentations, seminars, dialogues, briefings and publications in the website, as relevant.
Action Point 1.4 (page 31)
The Ministry of Energy will:
Through the Division of Participation and Social Dialogue, within the implementation framework of the Indigenous Chapter of the 2050 Energy Policy, perform the following actions:
Develop training sessions in renewable energy for indigenous leaders with focus on business and human rights.
Perform activities to transfer experiences and knowledge to companies, so that they have information available for the development of energy projects in
indigenous contexts.
Develop actions to train business enterprises about human rights and corporate activity, focusing on indigenous rights and cosmovision.
Train indigenous peoples about business and human rights. This initiative will be performed in conjunction with the Indigenous Affairs Unit of the Ministry of
Social Development, which will facilitate coordination between initiatives carried out by both institutions within the context of the Action Plan.
Action Point 1.5 (pages 31-32)
The Ministry of Social Development will:
Through the Indigenous Affairs Coordination Unit, carry out a Training Plan including indigenous peoples related subjects for businesses operating in the North and South macro-zones, including the focus introduced by United Nations Guiding Principles on Business and Human Rights. Contents of these training sessions will include relevant international standards, which will be discussed with indigenous representatives and have the involvement of business enterprises. Through the Indigenous Affairs Coordination Unit, it will publish a Participatory Guide concerning Indigenous Rights and Cosmovision of Indigenous Peoples, allowing to advise and train business enterprises about these peoples and the respect for their rights
Train staff on the Guiding Principles, including professionals from the Division of Social Policies and the Division of Social Assessment and Investment.
Through the Division of Public-Private Cooperation, include the focus on business, human rights and sustainable development in training activities about Public Incentives to Benefit Social Development by means of:
Workshop-seminars about Public Incentives to Benefit Social Development for Business Enterprises and public-private cooperation in accordance with the Guiding Principles and the 2030 Agenda, thus strengthening the State-Business nexus and promoting due diligence in human rights.
Introduction of a module about the “Guiding Principles on Business and Human Rights and their connection with the 2030 Agenda for Sustainable Development” in a workshop-seminar organised by business senior and executive staff.
Through the National Disability Service, will:
Train public and private business enterprises to include inclusive for disabled people in inductions and training programmes.
Organise seminars to public services and bodies, business enterprises and the civil society to address subject concerning disability. Also, a course about Human Rights and Disability will be given at universities, and outreach actions will be carried out involving public services and bodies, business enterprises and the civil society.
Strand 2: Dialogue
Action Point 2.1 (page 34)
Through the Indigenous Affairs Coordination Unit of the Ministry of Social Development, opportunities for involvement and dialogue will be generated at a local level between business enterprises and indigenous peoples aimed at preparing a territorial development plan seeking to generate a dialogue at a local level involving municipalities, thus carrying out a participatory exercise about what happens in a territory and how this is planned. This would consider the participation and planning demands regarding territorial matters of indigenous peoples submitted within the context of the Participatory Dialogues of this Plan, as well as what is set out in Convention 169, the national regulations connected with such Convention, and the national instruments of territorial planning.
Strand 3: Inclusion and Non-Discrimination (page 35)
The Country Guide on Business and Human Rights to Chile identifies groups at risk of suffering different adverse human rights impacts by business operations, such as women, indigenous peoples, migrants, LGBTI individuals and people suffering from disabilities. Potential negative impacts on these groups may take place both inside the business enterprise (hiring, firing or discrimination) and outside the business for situations derived from corporate activity.
Action Point 3.6 (page 38)
The Ministry for Women and Gender Equality will:
Carry out activities in conjunction with the Danish Embassy to encourage the respect of human rights in women regarding corporate activity. The activities will be performed within the framework of the Memorandum of Understanding about “Gender Equality and Sustainability, including Business and Human Rights.”
Organise training sessions for union leaders of State business enterprises about the union’s challenges regarding gender-focused demands.
Organise training sessions for human resource staff working in State business enterprises and other businesses about the balance between work and family life.
Disseminate Chilean Regulation No. 3262 to civil servants and business enterprises.
Encourage gender equality in business enterprises through the Iguala Seal. …
Action Point 3.7 (page 39)
The Ministry of Energy will promote the respect of human rights of indigenous peoples in the development of energy projects. It will do this through the implementation of the Indigenous Chapter the 2050 Energy Policy, developing consultation and participation processes pursuant to ILO Covenant 169, and drafting a guide for indigenous participation in the development of energy projects.
Likewise, the Ministry will promote the development of a “gender and energy agenda” seeking to enhance the role of women in the development of a national energy industry, from strengthening their capacity and knowledge in energy subjects to developing startups linked to the industry, and promoting the participation of women in the design and implementation of the Energy Policy.
Strand 4: Transparency and Participation
Action Point 4.1 (page 40)
The Ministry of Energy will:
Include, within the framework of the Indigenous Chapter of the 2050 Energy Policy, in conjunction with the Ministry of Economy and the Indigenous Affairs Coordination Unit, business and human rights standards in the Indigenous Participation Guidance in the Development of Energy Projects.
Promote, within the framework to implement the Indigenous Chapter of the 2050 Energy Policy, the right conditions for the social and technical viability of power generation projects, with total or partial participation in their ownership by the indigenous communities.
Action Point 4.2 (page 40)
The Public-Private Cooperation Division of the Ministry of Social Development will include questions about the Guiding Principles in the 2017 Study about Social Performance of Business Enterprises, as well as the result of these variables in the final performance report, which will include an analysis of the results and their relationship with the SDGs. Medium and large-size public and private business enterprises will participate in the study.
Strand 5: Public Procurement
Action Point 5.1 (page 42)
The Chilean System of Public Purchases, (Chilecompra), has the mission to facilitate the contracting of goods and services by the State through a public market web platform, in the different purchase procedures. Chilecompra will:
Incorporate an “Integrity Agreement” clause38, where the supplier bounds himself/herself to respect human rights in accordance with the Guiding Principles.
Through the integrity agreement, suppliers commit, inter alia, to act with transparency, probity and truthfulness regarding the information and details submitted in the tender papers. This clause will be included in all terms and conditions of the Framework Agreement, and use thereof will be encouraged in the terms and conditions of public tenders. For the correct understanding of this clause, Chilecompra will train suppliers in its contents, including the issues of business and human rights.
Assess the possibility to gather, through a relevant guideline, recommendations for buyers aimed at safeguarding the respect for human rights in the process of acquiring goods and services. …
Strand 6: Strengthening Coherence between Public Policies
Action Point 6.2 (page 52)
The Ministry of Social Development will draft a proposal for gathering information about business and human rights, which includes the following:
To review the international experience in the subject;
To analyse current instruments for gathering information;
To draft a proposal that includes indicators using the information available and require the gathering of new information.
Through the National Service of the Elderly, will coordinate dialogues on services that provide elderly residences and a human rights approach through protocols guidelines. The dialogues will be with enterprises at a regional level that provide services of care to elderly people to disseminate the guidelines the Service has define.
Pillar 2: The Corporate Responsibility to Respect Human Rights
Strand 1: Contextual Issues: Preparation of Documents allowing Business Enterprises to
Action Point 1.1 (page 53)
The Ministry of Foreign Affairs will streamline they webpage on business and human rights to include tools, guides, guidelines and news, as well as the progress made by the National Action Plan. For this, it will seek the support of international institutions.
Action Point 1.2 (page 53)
The National Human Rights Institute will:
Disseminate and update the Human Rights and Business Country Guide to Chile with the participation of business, civil society, trade unions, and academia.
Action Point 1.6 (page 53)
The Environmental Assessment Service will prepare the Guide for Describing the Human Environment with Gender Focus for the Assessment of Environmental Impact. Such Guide is meant for the owners of projects submitted to the SEIA.
Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights
Action Point 2.1 (page 54)
The Ministry of Foreign Affairs will:
Promote human rights in the management of public funds to promote exports carried out by ProChile, through the progressive incorporation of analysis mechanisms helping to ensure that business enterprises having access to the tools offered by this entity respect human rights. Likewise, it will establish, if relevant, requirements about sustainability and respect for human rights, as criteria to choose the business enterprises participating in programmes to promote exports and corporate activities, including SMEs and micro SMEs.
Disclose to business enterprises who are members of ProChile the United Nations Guiding Principles, thus helping, in this was and as far as possible, to incorporate them in their activities. It will do this through information available in the website, talks or sets of tools to strengthen their capabilities, and/or through the publication of handbooks containing the Guiding Principles or another suitable instrument, with special focus on information and training provided to SMEs.
Action Point 2.2 (page 55)
The Ministry of Economy, Development and Tourism will: …
Agree, with business enterprises represented in the Social Responsibility Council for Sustainable Development, upon the development of memorandums of understanding, guides, handbooks and guidelines containing best practices, so that they can become an integral part of business and human rights standards in the following subject matters: labour practices, impact on communities, corporate practices and supply chain management.
Strand 3: Reports in the field of Human Rights
Action Point 3.1 (pages 56-57)
The Ministry of Economy, Development and Tourism will:
Encourage the development of a Guide about the duty of public enterprises regarding human rights.
Foster the use of reporting mechanisms about human rights between public business enterprises.
Promote, through the Division of Associativity and Social Economy, strategies and mechanisms of accountability and non-financial reporting for cooperatives, which will include the potential risks of their businesses on human rights. To encourage the use of this practice, an electronic template will be developed in 2017, free of charge and freely available, for these bodies to report to the State and their different target audiences.
Contributions by other actors (page 88)
Although this Plan was prepared by State institutions, it seeks to become a platform collecting the existing efforts for the implementation of the business and human rights agenda in Chile. Therefore, it is an invitation for other institutions that may wish to participate and commit actions within this framework.
In this regard, the following institutions will contribute in the development of this agenda at anational level based on the following commitments: …
Fundación Casa de la Paz, with the support of the Inter-Ministerial Working Group, will lead the process to create the “Guías Chile” initiative, with the purpose of gathering business enterprises, civil society organisations and the Government to improve business practices in the field of human rights in the Chile.
Global Compact Chile will organise a series of activities with technical support by the Directorate of Human Rights of the Ministry of Foreign Affairs and international organisations. This will have the purpose of building capabilities regarding the Guiding Principles and the Sustainable Development Goals in business enterprises that are members of Global Compact Chile, such as:
Creation of a Working Group on Business and Human Right in Global Compact.
Introduction workshop about their application, practice and connection with the SDGs.
Four working sessions aimed at including the human rights focus and how it is applied by business enterprises about the SDGs.
Collection and dissemination of tools for the adoption of due diligence by companies, in line with the SDGs, introducing material available of the Global Compact World Office.
Creation, in conjunction with the Ministry of Foreign Affairs, of the criteria to choose best practices available about human rights in the System for the Integration of Compact Principles (SIPP). The Framework for Reporting in Human Rights will be taken as a reference.
Work with the Ministry of Economy to promote the subscription by business enterprises who are members of the Global Compact, in the Ministry’s initiatives that have incidence on this Plan.
The Santiago Stock Exchange will coordinate with trading business the holding of training workshops on business and human rights. For this, it will have the technical support of the Directorate of Human Rights of the Ministry of Foreign Affairs and international institutions.
Fundación ACCIÓN Empresa will:
Prepare a study about main challenges existing in this field, starting by the corporate role, to comply with the Guiding Principles, with the purpose of contributing strategies to resolve issues through good corporate practices in this field.
Create a Corporate Committee for Responsible Supply, aimed at identifying the best corporate practices in place to minimise the infringement of rights in their value chain. It includes 4-6 annual sessions.
The Social Responsibility Council for Sustainable Development will create a working group for business and human rights. This initiative will have the purpose of analysing strategies introducing human rights standards in corporate activity, sharing best practices y reviewing documents and tools to be promoted by the Council in this field.
i. Fundamental Pillar 1: The State’s obligation to protect human rights
(…)
Strand 3 [Eje nº 3]: Dissemination of the National Action Plan on Business and Human Rights and of instruments and strategies related to the promotion of these rights
The Presidential Advisory Office for Human Rights and International Affairs, together with the Escuela Superior de Administración Pública, will implement a training module on international standards on business and human rights and the actions contained in this NAP aimed at public servants, companies, monitoring, surveillance and control bodies of business activities.
(…)
The Presidential Advisory Office for Human Rights and International Affairs, together with the support of academic sectors, will hold training sessions on international standards on business and human rights and the actions in the Plan, aimed at public servants, companies and bodies responsible for monitoring, surveillance and control of business activities.
Strand 4 [Eje nº 4]: Promoting inclusion and non-discrimination in business activity
(…)
The Ministry of Labour will provide training on specialised labour demand services aimed at strengthening human talent management (gestión del talent humano).
Strand 5 [Eje nº 5]: Articulating spaces for social dialogue and effective participation
(…)
The Civil Aeronautic Department will provide technical assistance in aeronautical and airport matters to territorial entities that have air transport infrastructure, as a strategy for their strengthening.
(…)
The Ministry of Labour will carry out one (1) training and awareness-raising activity about Human Rights and Enterprise with the members or with the Technical Secretariat of the Permanent Commission for the Coordination of Wage and Labour Policies (CPCPSL) and in the 32 Departmental Sub-Commissions for the Coordination of Wage and Labour Policies (SDCPSL).
The Ministry of Transport will implement strategies for the improvement of the road infrastructure of the country’s indigenous, Afro and peasant communities through support in the formulation and structuring of projects, training in sources of financing upon request and technical accompaniment in the territory to facilitate the prioritisation and rationalisation of projects.
The Ministry of Culture [Mincultura] will disseminate through territorial strategies the guiding document on the protection of human rights with special emphasis on the most vulnerable populations in the cultural and creative sector.
Strand 6 [Eje nº 6]: In areas affected by violence, provide guidance and assistance to companies in order to promote the promotion and guarantee of human rights
The Observatory of the Presidential Advisory Office for Human Rights, together with the National System for Human Rights and International Humanitarian Law, will be responsible for identifying areas where there is a possible impact on human rights. Once this analysis has been carried out, the Business and Human Rights area, together with business associations and local authorities, will train companies on the UN Guiding Principles on Business and Human Rights.
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).
Strand 9 [Eje nº 9]: The state as economic actor
The Ministry of Finance and Public Credit will implement a human rights and business training strategy targeting companies owned or majority owned by the Ministry of Finance.
ii. Fundamental Pillar 2: The duty of business to respect human rights
Strand 1[Eje nº 1]: Provide companies with the tools to fulfil their responsibility to respect human rights
The Ministry of Labour will promote respect for the fundamental right of association, unionisation and bargaining through accompaniment and training.
The Presidential Advisory Office for Human Rights and International Affairs, together with the Business Associations, the National Apprenticeship Service (SENA) and the Regional Competitiveness Commissions, will generate spaces for the exchange of good business practices in the field of human rights.
The Presidential Advisory Office for Human Right s and International Affairs will prepare and update contextual documents that allow companies to understand the environment in which they operate or will operate.
The Presidential Advisory Office for Women’s Equity (CPEM) will provide technical advice to private companies on the implementation of gender equity initiatives.
The Ministry of Telecommunications [Mintic] will elaborate the “Guide on Human Rights and Business: A document on the application of human rights and business principles” for the specific context of the Information and Telecommunications Technologies (ICT) sector.
The National Road Safety Agency will generate road safety activities in the business sector, focused on promoting safe mobility for vulnerable actors.
Strand 2[Eje nº 2]: Promoting corporate human rights due diligence
The business associations will provide training opportunities aimed at promoting due diligence in the development of business activities. This will be done through the dissemination of the OECD Guidelines described in chapter IV “International Standards”.
The Presidential Advisory Office for Human Rights and International Affairs will disseminate methodologies, tools and recommendations to inform corporate human rights due diligence processes.
The Procurement Agency [Colombia Compra Eficiente] will disseminate the due diligence framework established by the entity in the Guide for Socially Responsible Public Procurement within state entities.
Strand 3 [Eje nº 3]: Train public and private companies on the need to mitigate the consequences of possible human rights impacts due to their operations, products or services provided, with an emphasis on those located in the region
The Presidential Advisory Office for Human Rights and International Affairs will coordinate, together with the Presidential Advisory Office for the Regions, virtual training sessions so that teams from the governors and mayors’ offices can learn about and replicate the need to respect human rights in business activities in the region, including the need to respect human rights in the situation caused by Covid-19 as well as in its reactivation phase. The Ministry of Trade, Industry and Tourism will support this action by participating in these training activities, disseminating and promoting the OECD Guidelines for Multinational Enterprises.
The ICBF [Instituto Colombiano de Bienestar Familiar] will provide technical assistance, advice, training and accompaniment to public-private agents in the integral respect of children’s rights, as well as in the implementation of the principles and actions set out in the Rights of the Child, as well as in the adoption and implementation of the Business and Childhood Strategy [Estrategia de Empresa y Niñez] within the framework of business activities in Colombia.
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.
The National Infrastructure Agency will provide training, education and awareness-raising scenarios for communities in the projects promoted by the National Infrastructure Agency (ANI).
The Ministry of Labour [Mintrabajo] will carry out awareness-raising and guidance actions for companies in the employability route of the SPE [Servicio Público de Empleo], to strengthen the management of human talent and labour demand, incorporating services that seek to mitigate the organisational barriers present due to the Covid-19 pandemic.
iii. Fundamental Pillar 3: Access to remedy mechanisms
(…)
Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms
(…)
The SIC [Superintendencia de Industria y Comercio] will provide technical assistance to companies to design and strengthen their grievance mechanisms with a focus on human rights and business.
Publication and dissemination of existing documents, education and awareness-raising [page 9-11]
“Implements Principles 2, 3c and 8
Increasing attention is paid to the theme of business and human rights in recent years. Many countries, international organisations and universities have produced numerous documents, model professional and theme-based codes of conduct, examples of good practice, recommendations and guidelines. Examples include recommendations and model codes published by the OECD, EU bodies, the Council of Europe and the ILO, as well as examples of good practice from the business community. However, these documents have not been gathered in one place. Businesses wishing to guard against human rights risks in their operations, perhaps by introducing new internal control mechanisms, adopting a code of conduct or incorporating human rights clauses into their contracts, may find it difficult to look up information.
A sound of response would be to find these documents, collect them in one place, classify them and, where necessary, translate them into Czech so that texts on business and human rights are made available to the general public. When new materials are drawn up, they should be written in plain language that a layman can easily understand.
The world’s universities are also aware of how important this subject is. The “Teach BHR” platform, grouping together those who teach business and human rights at universities, currently has 240 members from 140 institutions in 32 countries. It also offers ready-made study materials, workshops and experience-sharing forums. When it comes to Czech higher-education institutions, the University of Economics, Prague, runs a specialised course called “Business and Human Rights”, and other colleges cover this topic, for example, as part of their business ethics courses.
The supreme judicial bodies publish summaries of key rulings, especially those relevant to human rights.
Every year, the Government publishes a Report on the State of Human Rights and numerous other reports and documents analysing respect for human rights in the Czech Republic. Reports in the same vein are also published by other institutions, including the Ombudsman.
The National Contact Point for the implementation of the OECD Guidelines for Multinational Enterprises is responsible for promoting the Guidelines and their instruments (seminars, training, promotional materials, etc.).
The Ministry of Industry and Trade, in cooperation with the Czech Trade Inspection Authority has launched the “Consumer Protection” project to provide information on the latest developments in consumer law.
Tasks:
Propose changes to the website of the National CSR Information Portal.
Coordinator: Ministry of Trade and Industry
Co-coordinator: Ministry for Human Rights
Deadline: 30 June 2018
On the National CSR Information Portal, post documents and materials of business associations (the Czech Chamber of Commerce, the Confederation of Industry, the Confederation of Employers’ and Business Associations of the Czech Republic, industry associations, and others), trade unions and NGOs active in corporate social responsibility for those businesses that take the voluntary decision to subscribe to human rights commitments.
Coordinators: Ministry for Human Rights, Ministry of Industry and Trade
Deadline: Running, following the completion of the previous task
Translate the UN Guiding Principles and other key documents into Czech.
Coordinator: Ministry for Human Rights
Deadline: 31 December 2017
Provide the National Portal administrator with business and human rights documents that the ministries have at their disposal and that concern their scope of responsibilities.
Coordinators: All ministries
Deadline: Running
Assess the vehicles in place to provide businesses with information on human rights risks in countries or regions where they are planning to set up operations.
Coordinator: Ministry of Foreign Affairs
Deadline: 31 December 2020”
Supply chains and conflict minerals [page 21]
“Current state of play:
The Czech Republic was involved in the consultation and approval of the OECD-FAO Guidance for Responsible Agricultural Supply Chains. The Ministry of Industry and Trade and the Ministry of Agriculture will arrange for this Guidance to be published and publicised at their seminars and workshops.
The Czech Republic was involved in the consultation and approval of OECD recommendations on the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas and Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector. The Ministry of Industry and Trade is now considering how they can best be implemented in the Czech Republic.”
Non-financial reporting [page 21-22]
“Current state of play: …
The European Commission (DG FISMA [Directorate‑General for Financial Stability, Financial Services and Capital Markets Union]) has produced general guidelines for businesses on how to apply the Non-financial Reporting Directive.
Tasks:
Publish the European Commission’s general guidelines on the websites of the National CSR Portal, the Ministry of Industry and Trade and the Ministry of Finance, and in Finanční zpravodaj (“Financial Bulletin”).
Coordinator: Ministry for Human Rights, Ministry of Industry and Trade, Ministry of Finance
Deadline: 31 December 2017
Provide information on the guidelines as part of training courses or in guidance and informational materials on non-financial reporting.
Coordinator: Ministry of Finance
Deadline: Running”
Public procurement [page 23-24]
“…guidance should be drawn up for award procedure in accordance with human rights. This guidance should encompass specific practical examples, including model contractual provisions and/or a model tender dossier. The guidance should be accompanied by an overview of international platforms and initiatives sharing experience and information on socially responsible public contracts. This guidance should be preceded by consultations and should be produced in collaboration with business associations.
Current state of play:
Guidance on a responsible approach to public procurement and purchasing is being drawn up.
Tasks:
Incorporate human rights issues into the guidance that is being drawn up.
Coordinator: Ministry of Regional Development
Co-coordinators: Ministry of Labour and Social Affairs, Ministry of Human Rights
Deadline: 31 December 2017”
State enterprises and companies in which the state has a shareholding [page 26]
The Ministry of Foreign Affairs already provides enterprises with a wide range of information to help them do business abroad.
Tasks:
Provide businesses abroad – through embassies – with advice and assistance to help them navigate the local environment, including the issues of the rule of law, human rights and corruption risks.
Coordinator: Ministry of Foreign Affairs
Deadline: Running, with an assessment in 2020”
Cooperation [page 39]
“Businesses in the same industry or in the same geographical area are exposed to similar problems, so it is more efficient for them to tackle them together. Cooperation could result in the exchange of good experience and practical examples, and in the creation of new instruments (in particular the conclusion of sectoral agreements or the adoption of sectoral standards).”
Documents and sources of information [page 39]
“The Office of the Government of the Czech Republic collects model documents, guidelines and materials intended for businesses to improve the performance of tasks in this chapter, and posts them on the National Corporate Social Responsibility Portal:
Danish Government’s expectations to companies [page 11]
“As part of the promotional activities among Danish companies the government has committed to providing courses and guidance on responsible business conduct. The Government has launched an information campaign specifically aimed at companies and NGOs on compliance with the Guiding Principles in connection with the establishment of the mediation and grievance mechanism (for more information see section 4.3).
The Trade Council under the Ministry of Foreign Affairs advises Danish companies and their local partners on how they should handle their social responsibility in a number of export markets. The advisory services include human rights due diligence. The advisory services are demand-driven and offered to companies on the same terms as the other business services of the Trade Council, i.e. chargeable by the hour in accordance with Danish legislation (UNGPs 3c).
In addition, at Danish embassies in emerging markets, the Trade Council in co-operation with the Danish Business Authority holds workshops in responsible supply chain management, especially focusing on small and medium sized companies and their local business partners (GP 3c). The courses are held on an annual basis. They include practical guidance on how to demonstrate due diligence in business operations in regard to adverse impacts on human rights. To further assist Danish companies in emerging markets, the embassies are also conducting CSR reviews of local business partners. The reviews include a due diligence component (UNGPs 3c).
The Guiding Principles have proved to be an excellent instrument in rallying stakeholders for joint action. Using the Guiding Principles as the basis for a new Partnership for Responsible Garments Production in Bangladesh, the Danish government, business associations and enterprises have agreed on a number of detailed commitments to improve conditions within their sphere of influence. The partnership, which was agreed within the framework of the Danish Ethical Trading Initiative (DIEH), will be implemented in close co-ordination with international partners as well and stakeholders in Bangladesh.”
Providing effective guidance on how to respect human rights [page 13-14]
Since 2005, the Danish Government has worked directly with promoting CSR among Danish companies. The efforts have focused on providing companies with tools and guidance to implement CSR policies in a manner which is both strategic and manageable (GP 3c). Examples of relevant tools include:
The CSR Compass – which is a free online tool that helps companies implement responsible supply chain management. http://www.csrcompass.com/
The Global Compact Self-Assessment Tool – which helps companies to test their performance on all ten UN Global Compact principles, and how well these issues are managed: http://www.globalcompactselfassessment.org/
The tools have been developed in collaboration with the UN Global Compact and other partners from Danish civil society and industry organisatons.
The Danish Government is committed to continuously improving and promoting guidance provided to companies on how to work with CSR in general and human rights in particular. To ensure that companies have the right tools and the necessary guidance to handle the new due diligence requirements, the Government has updated the existing web tool, the CSR Compass and the Global Compact Self-Assessment Tool in accordance with the due diligence requirements of the UNGPs. The revised Compass includes a guide for small and medium-sized companies on how to exercise due diligence (GP 17) and also gives guidance on ways to solve company conflicts by actively engaging in a dialogue with the company’s stakeholders (GP 29). The revised Global Compact Self-Assessment Tool works as a self-Assessment guide to a CSR due diligence going through a questionnaire covering aspects of human rights, worker’s rights, environment and anti-corruption and including a template for a follow up action plan.”
3. The corporate responsibility to respect human rights
3.2 Recommendations from the Council for CSR on the corporate responsibility to respect [page 17-18]
Since its creation in 2008, the Danish Council for CSR followed the work of the SRSG John Ruggie closely. In 2009, the Government asked the Council to produce a set of guidelines for responsible supply chain management to help companies meet international social and environmental requirements and expectations in their supply chain.
In June 2010, the Council published a set of guidelines for responsible supply chain management based on the Protect, Respect, Remedy Framework. The Council also made sure that the guidelines were aligned with recognised international principles like the UN Global Compact, ISO 26000 etc. The guidelines were meant as a supplement to the Protect, Respect, Remedy-Framework, intended to provide greater clarity about responsible supply chain management by offering a practical, easy-to-read guide and online tool. The guidelines are supplemented by a checklist of self-help questions intended to help the individual company find the solutions that address their specific challenges. For the guidelines in its entirety, see: www.csrcouncil.dk/guidelines.
While the guidelines are focused on assisting companies with the implementation of the UNGPs with regard to supply chain management, implementation of the corporate responsibility to respect continues to be a very important part of the council’s agenda.
4. Access to remedy
4.3 Actions taken [pager 20-21]
Access to non-judicial remedy
“In the second national action plan for CSR from March 2012, the Danish Government announced the establishment of a Mediation and Complaints-Handling Institution for Responsible Business Conduct. … So far the promotional activities have included among other: …
Survey among Danish companies on the knowledge of the institution and of the OECD Guidelines in order to be able to measure the progress in the coming years;
Information leaflet in Danish, English, French and Spanish; the leaflet has been distributed through 112 Danish embassies for audiences abroad;
Translation of the OECD Guidelines for Multinational Enterprises into Danish;
Briefings, presentations and dialogue with interest groups, NGOs, etc. in order to raise awareness of the institution and the OECD guidelines for multinational enterprises and the UN Guiding Principles;
Development of guidance on due diligence in the supply chain and company-based conflict resolution;”
Appendix 1, GP 3c
State Duty to Protect [page 26]
“(c) Provide effective guidance to business enterprises on how to respect human rights throughout their operations;”
Initiatives taken or planned as a dedicated measure to implement the UNGPs (after the UN ratification of the Guiding Principles) [page 26]
“To make sure companies have the right tools and the necessary guidance to handle the new reporting requirements, the Government will continue to improve and promote the guidance provided to companies via a revision of an existing web-based tool.
To promote responsible business conduct among Danish businesses, the government has also committed to providing courses and guidance on responsible business conduct.
In connection with the establishment of the Mediation and Complaints-Handling Institution for Responsible Business Conduct the Government has therefore launched an information campaign on compliance with the UN Guiding Principles.
The Trade Council under the Ministry of Foreign Affairs advises Danish companies and their local partners on how they should handle their social responsibility in a number of export markets. The advisory services include human rights due diligence. The advisory services are demand-driven and offered to companies on the same terms as the other business services of the Trade Council, i.e. chargeable by the hour in accordance with Danish legislation.
The Trade Council in co-operation with the Danish Business Authority holds workshops in Responsible Supply Chain management, especially focusing on small and medium-sized enterprises and their local business partners (GP 3c). The courses are held on an annual basis. They will include practical guidance on how to demonstrate due diligence in business operations in regard to adverse impacts on human rights. To further assist the Danish companies in emerging markets, the embassies are also conducting free CSR reviews of local business partners. The reviews include a due diligence component.
Whenever necessary, the government also initiates and drives multi-stakeholder partnerships based on the Guiding Principles. This year the government established the partnership for Responsible Garments Production in Bangladesh, gathering all the major Danish stakeholders within the industry and linking the partnership up with international public and private partners to achieve joint action.
Companies involved under Danida Business Partnerships are required and guided to undertake a CSR due diligence covering human rights, workers’ rights, environment and anti-corruption and to follow-up with an action plan in order to mitigate adverse impacts of business activities on employees and society at large.
The ministry of Foreign Affairs is also working on competence development courses within UNGPs and CSR for embassy staff, including e-bites, guidance on how to perform CSR due diligence and workshops for Danish companies operating abroad and local companies in new growth markets.
In 2013, a number of Danish organisations have been granted support by Danida for initiatives focusing on the promotion of ethical trading initiatives and supply chain management, CSR and Fair Trade.”
Appendix 1, GP 7
Initiatives taken or planned as a dedicated measure to implement the UNGPs (after the UN ratification of the Guiding Principles) [page 30]
“The Danish Institute of Human Rights will launch a Business Guide to Human Rights in December 2013. The Guide to Human Rights is a free website for companies to identify, assess and address their human rights impacts around the world. It provides country- and sector-specific information about the human rights impacts of businesses, alongside concrete recommendations for preventing and mitigating adverse impacts, as well as maximising positive ones. The Guide to Human Rights emphasises multi-stakeholder engagement and dialogue, and seeks to build the capacity of local Portal partners on human rights and business.”
Appendix 1, GP 8
Initiatives taken or planned as a dedicated measure to implement the UNGPs (after the UN ratification of the Guiding Principles) [page 31]
“The Government has updated the CSR Compass which is an online tool that helps companies exercise due diligence in the supply chain. The guide has been updated in accordance with the UNGPs and the OECD Guidelines for Multinational Enterprises. This online tool will also be promoted to governmental departments, agencies and other State-based institutions.”
Appendix 1, GP 28
Initiatives taken or planned as a dedicated measure to implement the UNGPs [page 35]
“An initiative dedicated to implementing the UNGPs which has been implemented recently is the development of a guide for small and medium-sized companies on ways to solve company conflicts by actively involving and engaging in a dialogue with the company’s stakeholders.”
Appendix 1, GP 29
Initiatives taken or planned as a dedicated measure to implement the UNGPs [page 35]
“The two online tools which help companies to integrate due diligence into their own company and into the businesses of their sub-suppliers, the CSR Compass and the UN Global Compact SelfAssessment tool, both include guidance on company level grievance mechanisms.”
Appendix 1, GP 30
Initiatives taken or planned as a dedicated measure to implement the UNGPs [page 35]
“The guide on company conflicts resolution in the CSR Compass promotes the active involvement and engagement of the company’s stakeholders.”
1.1 Human rights in Finnish legislation [page 13-14]
“For continuing both the national and international discussion, it would be essential to further clarify features such as the applicability of national legislation to international business activities. For this reason, the working group proposes that as a follow-up measure,
a report be commissioned on Finnish legislation in relation to the regulation and guidance of international business activities, particularly to prevent serious human rights violations and to remedy any existing violations.
Principal responsible party: Ministry of Justice, Ministry of Employment and the Economy and Ministry for Foreign Affairs, schedule by mid-2015.”
2 The state and companies
2.1 The state as an economic operator [page 20-23]
SOCIALLY RESPONSIBLE PUBLIC PROCUREMENT
“The Ministry of Employment and the Economy has published a guide to socially responsible procurement9, with practical examples gathered from procurement units, explaining how social aspects can be taken into consideration in each stage of the procurement process. In addition, the Ministry maintains the CSRkompassi.fi website (available in Finnish and Swedish, some material also in English), with information and material for taking social aspects into consideration in long production chains related to public procurement. …
As a follow-up measure, the working group proposes that
references to Section 49 of the Act on Public Contracts and to the Guide to socially responsible procurement be added to the procurement guidelines for ministries; and
the responsibility themes in the state procurement manual be updated; …
A report will be made on the product groups that pose the highest risk for human rights violations. The report would increase the awareness related to responsible procurement and help target the consideration of the social aspect for the product groups that pose the highest risk. …”
CORPORATE GOVERNANCE
“As an owner, the state expects that the administration and management of state-owned companies take human rights into consideration in a responsible and transparent manner, both in their own organisation and in their subcontracting chains.
As a follow-up measure, the working group proposes that …
When the amended OECD Guidelines on Corporate Governance of State-Owned Enterprises enter into force around the end of 2015, the new definitions of policy will be included in the ownership guidance practices of the Finnish state.
Principal responsible party: Prime Minister’s Office, schedule before the end of 2016.”
3 Expectations towards companies and support services
3.3 Training and counselling [page 27]
“Training plays a crucial role in the promotion of human rights related to business activities. As a party protecting human rights, the state also has the obligation to promote training, communications and counselling related to them. They may target companies, the authorities, and other operators. The Team Finland network (cf. next paragraph) may be used as one of the training channels. Companies may also independently acquire information and training related to human rights from various experts and consultants. However, compared to large companies, SMEs have limited resources for acquiring training related to human rights. For this reason, it is important to provide targeted training for SMEs.
As a follow-up measure, the working group proposes that
the distribution of information on the UN principles and on the related interpretive guide published by the UN be ensured14.
the need for training and information related to the impact of business on human rights and the responsibilities of Finnish companies with regards to international business activities be examined.
training related to the theme of business and human rights be provided to companies. The special emphasis is on SMEs operating in branches of activity that pose a high risk for human rights.
Principal responsible parties: Ministry for Foreign Affairs and Ministry of Employment and the Economy in conjunction with business sector organisations, schedule 2014 to 2016.
3.4 Team Finland cooperation [page 28]
“The Team Finland network was established in 2012 to promote the Finnish cause abroad. This entity includes Finland’s financial foreign relations, the internationalisation of Finnish companies, the foreign investments made in Finland and the image of Finland as a country. …
As a follow-up measure, the working group proposes that
the Team Finland network provide interactive training on the theme of business and human rights;”
II- Businesses’ Responsibility to Respect Human Rights
Introduction [page 37]
… Given the complexity of this issue, companies must continue efforts to develop tools and good practices in the human rights field, at all levels of the production chain. Not only does this allow them to meet their obligations, it is also a key factor in their long-term viability and the image they project to investors and the public. To help companies, especially SMEs, manage this logistically and financially challenging process, a wide range of tools and support is available from actors in the public and private sectors. Most of these resources are free, publicly available and adaptable to business requirements …
Actions Underway [page 38]
France is reinforcing training for employees on issues related to business and human rights.
The French Ministry of Foreign Affairs and International Development issues advice for businesses operating in conflict zones and/or high-risk areas.
…
2. Training and Information for Businesses [page 39]
All staff members must be made aware of CSR. Because CSR involves protecting, developing and enhancing an organization’s human capital, it is dependent on training. Training is central to sustainable development, enabling people to adapt their skills to economic, professional and societal changes. Training efforts must also target appropriate populations.
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 and the rights of newcomers, workers, vulnerable populations, etc. 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.
Existing tools and responsible practices [page 40]
Entreprises pour les Droits de l’Homme (Businesses for Human Rights – EDH) is a non-profit organization bringing together 12 French businesses working in various sectors. It has developed an e-learning tool and one-day training programme on business and human rights for employees;
The Global Business Initiative on Human Rights (GBI) is a platform bringing together 18 businesses from various sectors operating in 190 countries. It organizes learning workshops where businesses can share knowledge on human rights issues: good practices, tools, challenges, etc.;
Some businesses include human rights modules in sustainable development training programmes for directors. Others offer specific training to purchasers, human resources staff, legal staff, etc.
Actions Underway [page 39]
Training efforts are being continued, especially in the fields of purchasing, employee representatives, etc.
Measures may be examined with businesses to encourage adherence to rules on the products authorized for sale and consumption in countries that have ratified the UN Guiding Principles.
Appendix
The Positions Adopted by the Different Groups of the National CSR Platform
Proposals by the Economic Group [page 61]
Companies acknowledge their liability for harm caused over the course of their operations. However, they prefer measures such as voluntary initiatives and the sharing of good practices, despite the fact that State intervention may be necessary and justified in specific areas to ensure compliance with general French legal principles.
Furthermore, the State should seek to promote homogenous initiatives and rules at the European and international levels.
Companies are not in principle opposed to binding frameworks. They are opposed to enforcement mechanisms whose application would be purely punitive.
Objective 25.4.1: Popularisation of necessary abilities in terms of responsible business and raise awareness.
Objective indicators:
1) Existence of strategic document popularising entrepreneurship education within society.
Activity: Creating expert group and managing working group.
Responsible agency: Ministry of Economy and sustainable development of Georgia.
2) Elaborating studying programmes for entrepreneurship education at educational institutions, especially for every stage of general education and number of their introduction.
Activity: Creating educational programmes and introducing them into establishments.
Responsible agency: Ministry of Economy and sustainable development of Georgia.
3) Number of mechanisms implemented at pre-school and general educational studying stage and instruments elaborating professional orientation.
Activity: Creating respective effective instruments and integrating them into educational programmes.
Responsible agency: Ministry of Education and Science of Georgia; Ministry of Regional Development and Infrastructure of Georgia.
4) Number of informational materials carrying concrete forms and content for informational guarantee.
Activity: Ensuring informational support regarding regulations during registration process for subjects of entrepreneurship.
Responsible agency: Ministry of Justice of Georgia; Ministry of Economy and sustainable development of Georgia.
5) Number of mechanisms for popularisation of entrepreneurship education among society within state project.
Activity: Adding/improving mechanisms for popularisation of entrepreneurship into existing state programmes with the aim to support citizen’s entrepreneurship initiatives.
Responsible agency: Ministry of Economy and sustainable development of Georgia.Partnership agencies: CIDA; Global Compact Georgia AND OTHER NON-GOVERNMENTAL ORGANISATIONS. LEPL ” ENTERPRISE GEORGIA”. LEPL ” GEORGIA’S INNOVATIONS & TECHNOLOGY AGENCY”.
Objective 25.8.1: Ensure elaboration of united policy concerning business and human rights protection and its effective implementation.
Objective indicator: Number of conducted trainings; Number of meetings conducted with the aim to carry out informational campaign.
Activity: Ensuring informational campaign and awareness rising concerning business and human rights protection.
Responsible agency: Human Rights Secretariat of the Administration of the Government; Ministry of Economy and sustainable development of Georgia.
Partnership agency: Georgian Employers Association.
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 25.15.1: Define relevant issues of human rights protection for companies providing public services and ensure retraining of respective members of staff.
Objective indicator: Conducted respective research; number of retrained members of staff.
Activity: Conducting respective research and trainings.
Responsible agency: Human Rights Secretariat of the Administration of the Government.
Partnership agency: Office of Public Defender.
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 25.24.1: Promote popularisation and elaboration of manual document on UN main principles concerning business and human rights.
Objective indicator: Defined responsible body; number of conducted trainings and working meetings.
Activities:
Defining responsible body concerning business and human rights in connection with UN main principles and with the aim to elaborate internal manual.
Organising working meetings concerning trainings and awareness rising.
Responsible agency: Human Rights Secretariat of the Administration of the Government.
No partnership agency.
Objective 25.27.1: Ensure awareness rising about legal risks assessment for companies with the aim to prevent human rights violation.
III. Federal Government expectations regarding corporate due diligence in respecting human rights
Scope and practical structuring of due diligence in the field of human rights [page 8]
“Small and medium-sized enterprises in particular should make use of the advisory and support services to be offered by the Federal Government and business associations under the National Action Plan. The expertise of organisations within civil society and trade unions should also be brought to bear.”
1.3 State support
Measures [page 25]
“The Federal Government will ensure that human rights, which have hitherto been an element of the environmental and social impact assessment, are given more specific consideration and a higher profile in assessment procedures. It will measure the existing assessment procedures against the requirements set out in chapter III above and make adjustments where necessary. One particular priority will be measures for better identification of risks to human rights as part of the assessment process.”
2.3 Business activity in conflict zones [page 32]
The current situation
“An important contribution to these efforts is being made by the deliberations, which Germany is backing, on what are known as ‘conflict minerals’, an intense discussion being conducted within both the OECD and EU frameworks. In 2011, the OECD published a guide to corporate responsibility along supply chains in which minerals from conflict zones are traded and handled. The guide, entitled OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, has also been available in German since 2015. The primary aim of the Guidance is to curb the funding of armed conflicts from the proceeds of trade in raw materials; in addition, compliance with its recommendations would help to prevent serious human rights violations, especially child labour.”
3. Available means of practical implementation support [page 33-36]
The Federal Government would like to assist small and medium-sized enterprises in particular in fulfilling the extensive corporate due-diligence requirements and expectations relating to human rights (see chapter III above).
The current situation
Numerous measures and services are already available for this purpose. A selection of existing and planned measures is described in some detail below:
The National CSR Forum, which was launched by the Federal Ministry of Labour and Social Affairs in 2009, consists of currently 41 members – high-ranking experts from business, trade unions, non-governmental organisations and research bodies as well as representatives of the participating federal ministries. Among the main tasks of the National CSR Forum are the provision of advice to the Federal Government on the continuing development of the national CSR strategy and the formulation of recommendations on specific issues. In 2010, the National CSR Forum, with the Federal Ministry of Labour and Social Affairs in the lead role, discussed and developed a National CSR Action Plan. The measures and activities that have been carried out in the framework of the Action Plan have reached numerous enterprises. In a decision taken on 30 August 2012, the National CSR Forum expressed its support for “a smart mix of voluntary policy measures and, where necessary, complementary regulation” (2012, p. 11). Through the ESF promotion scheme for “social responsibility in SMEs”, more than 3,000 SMEs received advice and training in social responsibility, and regional CSR networks have been made permanent. Numerous specialised events have been staged in the framework of the CSR Forum to advise enterprises on the exercise of due diligence.
The Federal Ministry for Economic Cooperation and Development makes information and guidance available to enterprises of various sizes from various sectors, particularly by funding the work of the German Global Compact Network. Ever since 2004, the Ministry has been promoting the Network in close consultation with the Federal Foreign Office. The Network unites the German signatories of the UN Global Compact, whose core principles include respect for fundamental human rights and labour standards. As a business-driven multi-stakeholder forum, the Network has been providing training courses for management staff in the exercise of corporate responsibility for human rights ever since 2008.
The Agency for Business and Economic Development of the Federal Ministry for Economic Cooperation and Development was expanded in 2015/2016 and provides advice on development-related support opportunities and information services for enterprises operating in developing and newly industrialised countries. In addition, ever since 2009 the ILO has been offering the services of a help desk to assist multinational companies in the practices of applying international labour standards and to advise them on the current legal situation in individual countries.
Ever since 2012, the Federal Government has been supporting the Business and Human Rights Resource Centre information platform. In 2014, it succeeded in having a German-language version of the platform made available. The website provides information on human rights challenges by region, issue and risk group and even by enterprise.
The Chambers of Industry and Commerce are already very active in providing enterprises with guidance. German Chambers of Commerce Abroad can inform enterprises of the current legal and de facto situation in foreign countries. In some countries, the Chambers, in cooperation with German development cooperation agencies, provide facilities known as “CSR centres of excellence”, which provide advice on CSR measures.”
Measures
I. Helpdesk and initial consultation
The Federal Government will significantly increase the reporting and consultation output of German diplomatic and consular missions in collaboration with the other pillars of external-trade promotion, namely the Chambers of Commerce Abroad and Germany Trade and Invest. To this end, basic and continuing training will also be focused more sharply on advisory skills in the field of business and human rights.
Within the Agency for Business and Economic Development of the Federal Ministry for Economic Cooperation and Development, which operates as a one-stop business advisory centre on development-related support opportunities in developing and newly industrialised countries, a helpdesk on business and human rights will be created. The core task of the helpdesk will be to provide initial consultation on request or referral and to raise awareness of the issues involved. The Agency serves enterprises and business organisations as a first stop, informing them of existing services, contacts and networks. The services of the Agency are broadened and underpinned by the provision of advice in the framework of existing networks operating at the interface between business and development cooperation, such as “EZ-Scouts” and “ExperTS”.
II. Information services and best practices
The Federal Government CSR Award recognises exemplary enterprises for their contributions to sustainability. It also promotes a learning process, since each enterprise is scored on the basis of its individual contribution to sustainability. An additional special prize is to be awarded in future for responsible supply chain management.
The website http://www.csr-in-deutschland.de is currently being developed into the central Federal Government gateway to content on corporate social responsibility. Information on the main activities and measures of the Federal Government is to be posted there in a coherent whole-of-government format.
Continued efforts will be made to increase the availability of information in German through the production of guides and through support for the Business and Human Rights Resource Centre.
III. Opportunities for training and dialogue
The range of advisory and training services offered by the German Global Compact Network will be expanded and supplemented by services such as a graduated range of webinars and other formats relating to specific elements of human rights due diligence just like practical questions and answers.
As the third-largest contributor to the International Labour Organization, the Federal Government is a major sponsor of the support services offered by the ILO. The ILO Helpdesk for Business on International Labour Standards assists enterprises in applying international labour and social standards correctly. Besides an informative website, the Helpdesk also provides prompt replies to individual queries on a confidential basis as well as training courses.
In cooperation with business networks, ‘practice days’ for SMEs are offered nationwide. These sessions provide support, information and exchanges with other enterprises on responsible supply chain management and high-quality sustainability reporting.
IV. Creating a global level playing field
In multilateral forums such as the G20, the EU and ASEM and in close cooperation with international organisations such as the ILO, the OECD and the UN, the Federal Government will press for the creation of a global level playing field with regard to terms of competition. To this end, the G7 leaders decision on sustainable supply chains will be further fleshed out with a view to arriving at a common global understanding of due diligence and of sustainable supply chain management.”
Section 1: International Context and Domestic Consultative Process
Other international initiatives [page 11]
“The International Labour Organisation (ILO) Tripartite Declaration on Multinational Enterprises and Social Policy provides direct guidance to enterprises on social policy and inclusive, responsible and sustainable workplace practices.”
Section 2: Current legislative and Regulatory Framework
Anti-trafficking [page 14]
“In October 2016, the Government launched the second National Action Plan to Prevent and Combat Human Trafficking. The plan contains 65 actions designed to crackdown on individuals and gangs involved in the crime, to support victims, to raise public awareness, and to enhance training for those likely to encounter victims.”
Section 3: Actions
II. Initial priorities for the Business and Human Rights Implementation Group [page 18]
“i. develop a practical toolkit on business and human rights for public and private entities within 12 months to assist them in their human rights due diligence
iii. Encourage and support awareness of effective human rights due diligence by State owned or controlled companies.
iv. Encourage and support effective human rights due diligence in the context of State support to business and NGOs.
vi. Provide clarity to relevant stakeholders on the applicable Irish law, reporting channels and protections for whistle-blowers/protected disclosures.
vii. Promote awareness of relevant multi-stakeholder and multilateral initiatives such as the UN global Compact, the Principles for Responsible investment and the Children’s Rights and Business Principles among state owned or controlled companies.
viii. Encourage business representative bodies to provide examples, templates and case studies to help support companies in their efforts to develop human rights focused policies and reporting initiatives.
xi. Encourage and facilitate the sharing of best practice on human rights due diligence, including effective supply chain audits.
xii. Create a fact sheet on the OECD anti-Bribery Convention, the criminal offences in Irish law on bribery, the reporting systems in place for reporting suspicions of foreign corruption and the protections provided by the Protected disclosures act to be distributed by enterprise Ireland to all Irish companies engaged in trade missions.”
Annex 1 – List of additional and ongoing actions to be carried out across Government
Trade and Investment [page 21]
“11. Provide information to participants in overseas trade missions led by Government representatives on human rights issues in the destination countries.
12. Ensure that State agencies and staff involved in promoting two-way trade and investment have received briefing and guidance on the purpose and implementation of the UN Guiding Principles.
13. Provide up to date guidance on the protection of human rights defenders working in the area of business and human rights through the circulation of Human Rights Defenders Guidelines to all Embassies.
14. Provide information from Embassies, working in cooperation with state agencies as appropriate, to Irish companies on business and human rights issues in their host countries.18. Provide advice to business enterprises of the possible risks of human rights situations when operating in conflict affected areas.”
“Also on the European level, especially since 2019, a wider and more comprehensive view about corporate social responsibility and responsible business conduct has been encouraged, concretely confirmed witnessed by numerous business good practices in compliance with a series of voluntary measures and regulations. The renewed and dynamic entrepreneurial approach is based on corporate governance structures to overcoming short-term financial advantages for environmental, social and human sustainability in the medium and long term in the context of the European Union’s initiatives on the circular economy, biodiversity and sustainable financial growth.
(…)
Finally, the importance of the business with respect to the three areas of action – People, Planet, Prosperity – at the core of the agenda of the Italian Presidency of the G20-2021, constituted a further operational area with particular reference to the W20 (Women) and B20 (Business) engagement groups. The promotion of informal debate events on the BHR issue aimed at improving good practices of large Italian companies (such as, for example, ENI – recently positioned at the top of the “Corporate Human Rights Benchmark 2020” – and ENEL, member of the Board of the “United Nations Global Compact”)” (p. 12)
IV. Italian ongoing activities and future commitments
Irregular work in the agricultural sector
“The General Directorate for Immigration and Integration Policies of the Ministry of Labour and Social Policies and the International Labour Organization (ILO) further enhanced project initiatives through the publication of the call “Together to combat labour exploitation in agriculture” in November 2020. It allowed the selection and collection of a catalogue of good practices. In particular, public and private actors, associations, employers’ organizations and trade unions were invited to describe their practices by responding to a 37-question online questionnaire, which allowed an analysis on the basis of seven objective criteria: relevance and coherence, effectiveness, impact, efficiency, sustainability, innovation and replicability. A group of labour and social protection experts chaired by the Ministry and supported by the ILO reviewed and evaluated 67 proposals. These initiatives have been adequately enhanced in June 2021 through the publication of a catalogue including the 50 most promising practices on the institutional portal www.integrazionemigranti.gov.it” (p. 22)
Vulnerable groups: persons with disabilities
“About relevant government policies to improve the participation of persons with disabilities in the workforce, it should be noted that Legislative Decree No. 151/2015 introduced some provisions aimed at rationalizing and revising the procedures and fulfilments of targeted insertion of persons referred to Law No. 68/1999 and other subjects entitled to compulsory placement, in order to promote social inclusion, placing and integration into the labour market and taking care of skills of persons with disabilities. In particular, the adoption of specific guidelines on the targeted placement of persons with disabilities envisages to promote:
(…)
– good practices of job inclusion
(…)
In the reform context, a decisive relevance was attributed to the systematic collection of data available in targeted placement, as well as data relating to good practices of work inclusion of persons with disabilities, aids and adaptations on workplaces. In this regard Legislative Decree No. 151/2015, in order to rationalize the collection of data, to simplify the obligations, as well as to improve the monitoring and evaluation of the interventions, has envisaged the creation of a specific section called “Targeted placement database” within the active and passive policies database, to collect information on public and private employers subject to the employment obligation.” (p. 27)
E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)
(…)
(Future measures planned)
(a) Promote barrier-free and universal design
(…)
Promote accessibility across Japan by preparing and distributing a nationally consistent reception manual and implementing training for transportation, tourism, logistics restaurants and industries, and other industries. [Japan Tourism Agency]
(e) Ensure impartial treatment among employment fields
(…)
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
D. Human Rights Education and Awareness-Raising
(Existing framework/Measures taken)
The Government has developed the Basic Plan on Human Rights Education and Human Rights Awareness Raising pursuant to the Act on the Promotion of Human Rights Education and Human Rights Awareness-Raising (Act No.147 of 2000), based on which it has been promoting various forms of human rights education and awareness-raising. In particular, human rights education and awareness-raising seminars for SMEs have been organized across Japan to broaden awareness of business and human rights among businesses.
(Future measures planned)
（a）Raise awareness of business and human rights and conduct training on the topics for public employees
Consider, including the topic of business and human rights in lectures for public officials undertaken by the relevant ministries and agencies. [All Ministries]
Raise awareness of various human rights issues, including business and human rights at training on human rights for public officials. [Ministry of Justice]
(b） Implement human rights education and human rights awareness-raising activities based on the Basic Plan on Human Rights Education and Human Rights Awareness-raising
Continue to implement human rights education and human rights awareness-raising activities based on the Basic Plan on Human Rights Education and Human Rights Awareness Raising with the recognition of various human rights issues in the context of business and human rights. [Ministry of Justice, Ministry of Education, Culture, Sports, Science and Technology, line Ministries]
Engage in human rights awareness-raising activities such as dispatching lecturers to corporate human rights training, and distribution or leasing of human rights awareness-raising booklets and videos. [Ministry of Justice]
(c）Implement human rights awareness-raising activities through cooperation and collaboration with private enterprises
Promote further implementation of human rights awareness-raising activities such as utilization of the Center for Human Rights Education and Training and human rights lecturers in cooperation and collaboration with private enterprises. [Ministry of Justice]
(d）Continue awareness-raising seminars for SMEs
Continue to implement human rights education and awareness-raising seminars for business enterprises especially targeting SMEs as part of the Support for Human Resources Development in SMEs. [Ministry of Economy, Trade and Industry]
(e）Award business enterprises tackling social issues, including respect for human rights
From the perspective of the importance of a wide recognition in society that business enterprises have a responsibility to address social issues and can make important contributions in this area, award business enterprises tackling social issues, including respect for human rights. [Consumer Affairs Agency, Ministry of Justice, line Ministries]
(f） Publicize the NAP to educational institutions and other relevant bodies
Continue to promote initiatives to raise awareness of respecting human rights in school education through school education activities reflecting regional circumstances and the different developmental stages of students, while incorporating the purpose of the new Course of Study teaching guidelines, which also envisage the development of creators of a sustainable society. Also, continue to promote initiatives in social education at social education facilities such as community learning centers, which are facilities for regional learning, in accordance with the situation in each region. [Ministry of Education, Culture, Sports, Science and Technology]
(g）Cooperate with international organizations on the publication of the NAP and related awareness-raising activities
Make efforts to promote understanding and raise awareness for human rights throughout society through publicizing the NAP and raising awareness of it in cooperation with international organizations. [Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry]
(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）
(…)
With increased interest in responsible business conduct, the OECD Guidelines for Multinational Enterprises, which Japan adheres to, added a new chapter on business responsibility on respect for human rights in its 2011 edition. In addition, OECD has launched due diligence guidance specific to sectors such as minerals, agriculture, garments, and footwear. In 2018, the OECD Due Diligence Guidance for Responsible Business Conduct was published as a practical tool that businesses can use regardless of the sector. The Government has been engaged in promoting the above Guidelines and Guidance to businesses.
In terms of awareness-raising activities and support, studies and research have been conducted by relevant institutions, including the Institute of Developing Economies of the Japan External Trade Organization (IDE-JETRO) and the Business Policy Forum, Japan. The results have been issued for the benefit of business enterprises.
For Japanese business enterprises engaging in overseas businesses, contact points for Japanese business enterprises (Japanese business support officers) have been established at Japanese embassies and consulates to enhance support for Japanese business enterprises’ overseas expansion.
(…)
In addition to the above, international initiatives, including the Extractive Industries Transparency Initiative and measures against Illegal, Unreported and Unregulated fishing are being implemented, and Japan makes an active contribution to such initiatives.
B. Support for Small and Medium Enterprises (SMEs) regarding Business and Human Rights
(Existing framework/Measures taken）
(…)
The Government also recognizes the need to engage in awareness-raising activities to increase understanding and implementation by SMEs, while also being considerate of SMEs’ position in business transactions.
(Future measures planned)
(a) Provide information to SMEs through the portal site on business and human rights
Set up a portal site with centralized information related to business and human rights to promote efforts regarding business and human rights made by SMEs. [Ministry of Foreign Affairs]
(b) Conduct seminars targeting SMEs in cooperation with economic organizations and civil society
Continue to implement human rights education and awareness-raising seminars for business enterprises targeting SMEs as part of the project called the Support for Human Resources Development in SMEs and enhance understanding for human rights due diligence. [Ministry of Economy, Trade and Industry]
(c) Include policies regarding business terms and conditions and improvement of business practices
Continue to boost efforts to improve transaction terms and practices to prevent main contractors from forcing subcontractors to absorb their expenses. [Ministry of Economy, Trade and Industry]
CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS
2.3 Land and Natural Resources [Page 7]
The NAP consultations identified the following concerns related to land, natural resource development and business:
[…]
2. Lack of guidance on community consultations in the context of natural resources governance resulting in inadequate participation of local communities in decision making;
2.7 Access to Remedy [Pages 13-14]
Most businesses have a relatively low understanding of their human rights responsibilities resulting in lack of engagement with employees, local communities and other stakeholders on how to ensure that they respect human rights and provide a remedy for violations. Business associations stated that they lack proper guidance on establishing credible operational-level grievance handling mechanisms.
CHAPTER THREE: POLICY ACTIONS
3.1. Pillar 1: The State Duty to Protect [Page 16-18]
States are expected to explicitly set out expectations that all businesses in their jurisdictions, including state-owned businesses and those businesses with which they engage in commercial transactions, respect human rights through policies, laws and guidance.
Policy Actions
The Government will:
viii. Work with stakeholders to develop a natural resource revenue management policy and regulatory framework for administering and managing natural resource revenue paid to host communities. This framework should seek to promote equity, inclusivity and community decision-making and will include training to enhance the capacity of communities to manage their affairs. It will also serve to guide the operationalisation of mining revenue as envisaged by the Mining Act, 2016; […]
3.2. Pillar 2: Corporate Responsibility to Respect Human Rights [Pages 18-19]
The current voluntary initiatives established and adopted by business associations on different human rights issues do not have strict compliance and reporting mechanisms. They therefore fail to offer businesses that have ascribed to them the required guidance and supervision to ensure that their operations respect human rights. There is no mandatory requirement for human rights due diligence. Businesses, including state-owned enterprises, have not embraced the practice of engaging those whose rights are most likely to be impacted by their operations in any human rights due diligence.
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.
3.3. Pillar 3: Access to Remedy [Page 21]
B) Non-State-Based Grievance Mechanisms
Policy Actions
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;
Sensitise businesses and those impacted by their activities on the benefits of establishing and utilising credible operational-level grievance mechanisms; […]
CHAPTER FOUR: IMPLEMENTATION AND MONITORING
ANNEX 1: SUMMARY OF POLICY ACTIONS [Pages 23-25]
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
Ensure continuous training for government agencies’ workers involved in the promotion and regulation of businesses on the State’s human rights obligations and the nexus to their various mandates and functions.
KSG, OAG&DOJ, KNCHR, KEPSA, KAM
Develop guidelines for non-financial reporting under the Companies Act 2015.
OAG&DOJ, Parliament, KLRC
Develop procedural guidelines for use by businesses, individuals and communities in their negotiations for land access and acquisition.
Ministry of Lands and Physical Planning, NLC, OAG&DOJ
Strategic objective 2:
Enhance understanding of the obligation of business to respect human rights
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.
Objective 1: ensuring State’s duty to protect, defend and respect human rights
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.”
2. “Promotion of employment of persons with disabilities … Measures foreseen:
to organize training of the employers with a view to encourage their social responsibility as regards employment of persons with disabilities.”
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 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
A. Implemented and on-going measures for the development of CSR in Lithuania [page 7]
3. “The application of CRS principles to the state-owned enterprises. … Lithuania already has SOEs engaged in socially responsible business initiatives. Model CSR application plan and its implementing guidelines for state-owned enterprises were prepared in 2012 aimed to facilitate introduction of CSR in state-owned enterprises, and to promote the use of CSR principles in their operations. This document lists examples of good practise of CSR in Lithuanian state-owned enterprises, naming among others AB Lesto, AB Lietuvos Gelezinkeliai, and Vilnius International Airport.”
4. “National network of responsible business. A Lithuanian National Network of Responsible Business was created in 2005 to provide training opportunities; promote cooperation and partnership among various sectors in Lithuania and abroad towards sustainable development. The Lithuanian Association of the Responsible Business (hereinafter referred to as the LAVA) was founded on 30 August 2013 on the basis of the former informal Lithuanian National Responsible Business Network, having brought together Lithuanian responsible businesses and organizations, mainly members of the United Nations Global Compact.”
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’. Lithuanian Progress Strategy ‘Lithuania 2030’ defines smart economy as able to compete in the world, generating high added value and based on knowledge, integrity and social responsibility. Task 3.3 ‘Implementation of sustainable development principals in businesses’ of the Lithuanian Progress Strategy goal 3 ‘Promotion of business productivity and sustainable development’ presents measures related to promotion of CSR and social businesses:
to promote social and socially responsible business perceiving it as modern business practice;
to promote social business by establishing a centre for competencies and good practice, accelerators, work environments for social business, mobility incentives and implementing other measures.”
Part II: Specific objectives of the National Action Plan 2020-2022
1. The state duty to protect human rights
(…)
1.3. Training on “Business and Human Rights” matters for jurists
Context
The legal professions are important potential multipliers for informing and raising awareness on the topic of “Business and Human Rights”. The very positive experience of the cooperation with the Luxembourg Bar in preparation for and during the 2019 Annual Congress of the Union Internationale des Avocats (UIA) in Luxembourg and the central place reserved on this occasion for the topic “Business and Human Rights” constitute a solid basis for future collaboration in this field.
Objectively verifiable indicators
– Benchmark: National Baseline Assessment (NBA) [Etude de base]
– Available training courses
– Number of jurists participating in training courses
Verification sources
× Barreau
× Magistrature / Parquet
× Uni.lu (University of Luxembourg)
× House of Training
× INAP (Institut national d’administration publique)
Expected results
× Better understanding of the UN Guiding Principles on Business and Human Rights
× Improved consultancy capabilities for companies
× Improved capacity to mediate in cases of human rights violations
Implementation timeline
Duration of NAP 2
Means of implementation
× MAEE (Ministry of Foreign and European Affairs) / Ministry of Justice
× Parties identified as verification sources (see above)
2. The corporate responsibility to respect human rights
(…)
2.3. Awareness raising and training of companies on “Business and Human Rights”
Context
In order to be able to implement the UN Guiding Principles in their organisations and throughout their value chains, and to recognise the benefits of respecting human rights, companies need to be aware of what is expected of them and the means and opportunities available.
Objectively verifiable indicators
× Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]
× Economy Barometer [Baromètre de l’economie]
× Training courses provided by House of Training, IMS – Fairtrade and ASTM, Finance & Human Rights asbl
× A number of companies subscribing to the National Business and Human Rights Pact
Verification sources
× UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]
× House of Training
× Training courses IMS – Fairtrade and ASTM
× Employers’ chamber [Chambre des salariés]
× Human Rights Working Group [GT « Entreprises et droits de l’Homme »]
Expected results
× Better understanding of the Guiding Principles and human rights issues in business
Implementation timeline
Duration of NAP 2
Means of implementation
× UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]
× House of Training, IMS – Fairtrade and ASTM, Finance & Human Rights asbl
× Employers’ chamber [Chambre des salariés]
× Specialised NGOs (notably UNICEF and Droits des enfants et principes commerciaux)
× Consultants
2.4. Finalisation and implementation of the National Business and Human Rights Pact
Context
The National Business and Human Rights Pact is one of the concrete flagship actions of NAP 1. A sub-working group has put a lot of effort into the implementation of the National Pact.
Further effort is needed to finalise the process of assessing the annual reports that participating companies are required to submit on the implementation of the Guidelines in their organisations and throughout their economic value chains.
Objectively verifiable indicators
× Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]
× Text of the National Pact on Business and Human Rights
× Review of the effectiveness of the instrument in 2022
Verification sources
× MAEE (Ministry of Foreign and European Affairs)
× UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]
× Initiative for the duty of care [Initiative pour un devoir de vigilance]
Expected results
× Critical mass of companies subscribing to the National Pact
× Annual reports on the implementation of the Guidelines submitted to the Business and Human Rights Working Group
× Evaluation of annual reports
× Recommendations to companies
Implementation timeline
– 1st phase:
▪ Operational website
▪ Communication campaign
▪ Prospecting
▪ Launch
– 2nd phase: (as soon as possible) signing of the National Pact
– 3rd phase: 2020, training and implementation of due diligence processes in companies
– 4th phase: (March 2021) submission of first annual reports
– 5th phase: (between March and July 2021) evaluation of the first annual reports
Means of implementation
– MAEE (Ministry of Foreign and European Affairs)
– Ministry of Economy
– UEL [Union des Entreprises Luxembourgeoises] / INDR [Institut National pour le Développement durat et la Responsabilité sociale des entreprises]
– Companies
– IMS
– Business and Human Rights Working Group
– External Consultant
3. The need to define remedies for victims of human rights abuses
(…)
3.3. Mapping of judicial and non-judicial, public and private remedies for human rights violations
Context
This includes, among other things and beyond judicial remedies, taking stock of non-judicial public and corporate remedies, strengthening OECD-NCP relations with civil society and providing appropriate training on available remedies to corporate human rights focal points.
Objectively verifiable indicators
× Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]
Verification sources
– Laws and regulations
– Recommended practices
– Exchanges with the NCP
– Identification of good practices and possible gaps
Expected results
× Increasing the number and adapting to the needs of the remedies
× Information on the remedies available
× Discussion on the usefulness of class actions for the implementation of the Guidelines, especially in view of the provisions of the Coalition Agreement in this context
Implementation timeline
Duration of NAP 2
Means of implementation
– MAEE (Ministry of Foreign and European Affairs)
– Ministry of Justice
– Public and private mediation bodies
– Business and Human Rights Working Group
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.
“…The Ministry of Economic Affairs and Climate Policy encourages businesses through its instruments to adopt RBC, in four key ways. It: 1) provides information about RBC, 2) gives advice about various RBC risks and how to deal with them, 3) assesses whether a company conducts its business in line with the UNGPs/OECD Guidelines and, 4) in the course of a support programme, monitors how a business deals with RBC risks.” p. 35.
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. …
The Ministry of Foreign Affairs has drawn up conflict sensitivity guidelines for private sector development for its staff in The Hague and at its embassies around the world as well as for employees of implementing partners, with the aim of making conflict sensitivity a cross-cutting component of Dutch foreign policy. The guidelines explain the possible context-specific risks and responsibilities of conducting business in conflict-sensitive regions. Conflict-sensitive policy requires the early identification of conflict and instability risks (early warning) so that these can be addressed in a timely manner (early action). The involvement of local stakeholders is advisable here.
In discussions with responsible ministries and exploratory consultations with stakeholders on the NAP focus areas an effort was made to determine whether Dutch businesses need additional mechanisms when conducting business in conflict areas. These discussions generated insufficient information to conclude that there is a need for additional mechanisms. The topic was therefore raised again during national stakeholder consultations. The results indicated that communication about existing mechanisms within government as well as with the business community needs to be improved and that businesses require conflict sensitivity guidelines. The government guidelines will, when applicable, be addressed in embassies’ Multiannual Country Strategies, with implementing organisations and in dialogue with the Dutch business community in order to improve the integration of conflict sensitivity into Dutch foreign policy. Furthermore, conflict sensitivity guidelines for the Dutch business community will be drawn up in collaboration with companies, NGOs and implementing organisations, with an additional focus on Dutch SMEs. These guidelines can be used to carry out the contextual analyses that businesses need to complete before doing business in such areas. As noted in chapter 2 of this NAP, businesses and implementing organisations share this responsibility with governments. Businesses are thus likewise expected to assume responsibility, especially in relation to conflict areas and fragile states.
The RBC support office for Dutch businesses abroad can provide a means of disseminating the forthcoming conflict sensitivity guidelines for the business community more widely.” pp 43 and 44.
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. In addition to its informative role, other instruments such as grants can also be entrusted to the support office. The support office can provide resources to businesses and promote knowledge exchange between businesses and the embassy network. Services offered by the RBC support office may include:
• Supporting businesses in the implementation of the OECD Guidelines and the UNGPs, including providing information and guidance through the different steps of the due diligence process.
• Offering and providing risk-specific knowledge and expertise, for example about major RBC risks such as the right to form trade unions and bargain collectively, a living wage, combating child labour and gender-related risks, or about RBC risks in specific sectors or geographic regions.
The support office must prevent the fragmentation of services and help reduce the administrative burden for businesses. Although the support centre as a central point of contact is new, many of the services it brings together are not. Knowledge built up in recent years by organisations such as RVO, the SER, the National Contact Point for the OECD Guidelines (NCP), the Sustainable Trade Initiative (IDH) and MVO Nederland can be made available through the RBC support office. Specific training programmes and other targeted solutions can be developed on the basis of developments in the types of issues that businesses are concerned about. The support office’s approach will also include proactively sharing lessons learned and new developments so that individual businesses do not have to constantly reinvent the wheel. RVO will act as the support office’s implementing partner.” Pp 59 and 60.
ACTION POINTS PILLAR II
Aim
Responsible party
Timeline
RBC Support Office
Define the frameworks for sector-wide cooperation as part of the RBC policy mix.
Support sector-wide cooperation in order to apply due diligence.
BZ
March-August 2022
Set up RBC Support office
Support businesses in their application of due diligence
RVO
From september 2022
p. 60.
Pillar III
Improving the provision of information to businesses
“Over the past few years the government has contributed in several ways to improving the provision of information to businesses about access to remedy. The launch of the www.startmetoesorichtlijnen.nl website is an example of how businesses are informed about their responsibility to provide remedy within their due diligence processes. Likewise, government has in recent years worked closely with businesses and civil society organisations on RBC agreements. With its responsibility to inform, the Dutch National Contact Point (NCP) for the OECD Guidelines has also contributed to these efforts. A number of RBC agreements have further elaborated on access to remedy.
The Dutch Banking Sector Agreement, for example, has investigated the role of financial institutions in offering remedy, and the Sustainable Clothing and Textile Agreement has set up an independent joint complaints mechanism. At the same time many companies are still struggling with the question of how exactly to offer remedy for possible human rights violations deeper in their value chains. It is not always clear how to deal with this, especially, for example, if the business in the Netherlands is just one of the buyers of a product or raw material. The government is therefore making efforts to improve the access of Dutch businesses to existing knowledge and information about the implementation of due diligence. The planned RBC support office (see also Pillar 2) will help businesses, including SMEs, implement the OECD Guidelines and the UNGPs. Information about access to remedy is one of the services the support office can offer.
Moreover, the Fund for Responsible Business (an RVO scheme) is collating experiences on setting up a complaints mechanism and on offering remedy. The aim is to make tangible the practical steps businesses can take to set up complaints and dispute mechanisms. These positive examples and practical tips will be shared with other businesses and interested parties, with the RBC support office possibly playing a role.” pp 64 and 65.
ACTION POINTS PILLAR 3
Aim
Responsible party
Timeline
Improving information provision to businesses on remedy
Include access to remedy in the information offered by the RBC support office (see Pillar 2).
Collect and make available information on access to remedy.
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 … “v. Lack of a clear policy and guidance note developed by Government on the exit strategy of businesses when their operations come to an end.” (p.155)
PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS ACTIONABLE ITEMS A. ESTABLISHMENT OF A NATIONAL WORKING GROUP ON BUSINESS AND HUMAN RIGHTS (NWGBHR) “The Working Group will have the following responsibilities, among others; i. To determine the capacity needs of businesses and other agencies in the area of business and human rights. ii. Conduct capacity-building trainings for different stakeholders on human rights and business using the UNGP framework.” (p.157)
G. EMPLOYMENT “In relation to employment, the National Working Group on Business and Human Rights will develop Guidance Notes for companies to manage their employment processes in compliance with human rights standards to ensure nondiscrimination and prevent child labor. In doing so, the issues of gender, and disability concerns will be taken into consideration pursuant to relevant provisions of extant Labor Laws.” (p.158-159)
K. MOBLISATION, SENSITIZATION AND AWARENESS CREATION “Government, through its agencies, will engage in massive mobilization, sensitization and awareness creation on the NAPBHR. The awareness creation will be strategic and involve the three tiers of government.
The National Working Group on Business and Human Rights will enter into negotiation with Manufacturers Association of Nigeria and related bodies to ensure compliance with this plan. It will also carry out robust sensitization of the public to empower them to demand for a letter of contract/engagement from employers irrespective of the nature of duration of the engagement.” (p.159)
M. CAPACITY BUILDING “The following capacity building needs have been identified: … b. Training business operators to be able to develop a coherent, robust and implementable human rights policy; establish, maintain and monitor their grievance mechanisms. Also, build their capacity on monitoring and reporting compliance with the UNGPs.” (p.160)
N. SECURITY “When businesses conduct risk assessment, the focus is mainly on the risk posed to their operation within the community without considering the risk their operations pose to communities. This makes them design their security apparatus without community input and consultation. In addressing the issue of security and human rights in business operations, the Voluntary Principles on Security and Human Rights provides a useful guide. To this end; i. Government shall fulfill its obligation as the primary provider of security. ii. Communities will be involved in the design and management of company security. iii. Government shall provide human rights training for security providers, logistic support and general oversight. iv. Government shall monitor and ensure that human rights are protected in the provision of security. v. Security arrangement will be all inclusive and offer protection to business facilities as well as employees, suppliers, contractors and the community.” (p.160)
PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS ACTIONABLE ITEMS D. CAPACITY BUILDING “Capacity building is critical in ensuring corporate responsibilities to respect human rights. Businesses will build the capacity of their staff in carrying out human rights due diligence and implementing their human rights policy. They NWGBHR will be available to provide the requisite expertise where necessary.”
A large number of public or officially supported institutions that work with business internationalisation provide guidance on CSR and human rights. Among them are the Foreign Service, Norad, the Ministry of Trade, Industry and Fisheries, and Innovation Norway. Norway’s OECD National Contact Point also provides information and guidance.
…
Measures [page 21]
The Norwegian NAP highlights the intention to “improve the level of competence on the UN Guiding Principles and the OECD Guidelines among the public bodies that offer guidance on CSR; strengthen guidance and dialogue with companies on human rights, business ethics, security and corruption in especially demanding markets.”
…
Conditions for Government Support for Business Promotion and Private Sector Development – Measures [page 24]
The Norwegian NAP notes the intention to “give companies with international operations that apply for public funding or services adequate and coherent information and guidance on the Government’s expectations concerning respect for human rights.”
…
2.5 Public Procurement [page 25]:
The Government has held a public consultation on a proposed amendment to section 6 of the Procurement Act to include a provision stating that contracting authorities should have adequate procedures for ensuring social responsibility in connection with public procurement. The Agency for Public Management and Government (DIFI) provides guidance on such matters.
…
2.9 International Cooperation on CSR [page 27]:
States should harmonize their expectations in international forums that support, enter into partnerships with and provide guidance to enterprises. Norway is therefore working for the integration of the OECD Guidelines for Multinational Enterprises into the OECD framework for export financing.
CHAPTER 3: National Action Plan Priority Areas and Proposed Actions
3.1. General Proposed Actions
Federal and Provincial (pages 16-17)
‘5. Issue and disseminate BHR guidelines for business enterprises in line with the NAP—its priority areas, proposed actions and State expectations of business enterprises—and with regards to non-financial reporting on corporate human rights policies, human rights due diligence, and remedial mechanisms.
Performance indicator(s): (i) Development of Guidelines; (ii) Number of businesses to which Guidelines are disseminated
UN Guiding Principle(s): 1, 2, 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 5 designating the Ministry of Human Rights; Ministry of Industries & Production; Ministry of Commerce as Leading Entities, and designating the Ministry of Law & Justice; Ministry of Interior; Provincial Human Rights Departments; Securities and Exchange Commission of Pakistan; Ministry of Overseas Pakistanis and Human Resource Development; National Commission for Child Welfare and Development; National Commission on the Rights of the Child as Additional Entities (page 45).
Federal and Provincial (page 17)
‘8. Incorporate mandatory principles of Business and Human Rights, including the NAP and the UNGPs, into technical and vocational training.
Performance indicator(s): (i) Number of TVET programs incorporating principles of BHR, NAP, and UNGPs
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 8 designating the Provincial Education Departments; Provincial Human Rights Departments; Provincial Technical and Vocational Training Authorities as Leading Entities, and designating the Ministry of Social Welfare and Small Industries; Business Community; CSOs and NGOs as Additional Entities (page 46).
3.2.1 | Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts
Proposed Actions
Federal (page 19)
‘11. Develop a model Code of Conduct, making explicit the relationship between business and human rights, for businesses that are State owned, controlled or which work with the State.
Performance indicator(s): (i) Development of a Code of Conduct; (ii) Number of businesses to which the Code of Conduct is disseminated; (iii) Number of businesses that formally announce the adoption of Code of Conduct
UN Guiding Principle(s): 1, 2, 3, 4, 5, 6, 8, 9
Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 9 – Industry, Innovation, and Infrastructure; Goal 16 – Peace, Justice and Strong Institutions’
3.2. NAP Priority Areas
3.2.2 | Anti-Discrimination, Equal Opportunity, and Inclusion
Proposed Actions
Provincial (pages 23-24)
‘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).
‘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).
3.2.3 | Human Rights Due Diligence
Proposed Actions
Federal and Provincial (page 27)
‘36. Establish voluntary and common standards for conducting and reporting human rights due diligence in business activity, applicable to both the direct operations and across the value chains of public and private enterprises.
Performance indicator(s): (i) Development and dissemination of voluntary standards in line with international best practices
Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 12 – Responsible Consumption and Production; Goal 16 – Peace, Justice and Strong Institutions’
CHAPTER 4: State Expectations of Business Enterprises (pages 40-41)
‘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, OECD Guidelines for Multinational Enterprises, OECD Due Diligence Guidance for Responsible Business Conduct, ILO’s Fundamental Principles and Rights at Work, The Ten Principles of the United Nations Global Compact, Women’s Empowerment Principles, OECD-FAO Guidance for Responsible Agricultural Supply Chains, OECD Due Diligence Guidelines for Responsible Supply Chains in the Garment and Footwear Sector, OECD Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector, OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, OECD Practical Actions for Companies to Identify and Address the Worst Forms of Child Labour in Mineral Supply Chains23, IFC Performance Standards, and other guidelines and standards applicable to their respective sectors.
14. Abide by relevant international standards under the International Organisation for Standardization, particularly ISO 26000 – Social Responsibility, and ISO 45001 – Occupational Health and Safety.
15. Businesses are also encouraged to participate in initiatives such as the UN Global Compact, Fair Labor Association, Global Network Initiative, Ethical Trading Initiative, Extractive Industries Transparency Initiative, and similar networks, which will allow them to better understand and implement international human rights standards within the business context.
16. Utilise the available guidelines, resources, and toolkits on how to ensure respect for human rights in business activity provided by organisations such as the Business and Human Resource Centre, Danish Institute of Human Rights, Shift, and several others.’
It is also noteworthy that Peru has taken significant steps to implement due diligence standards. In this regard, in 2018 it adhered to the OECD Council Recommendation on Due Diligence Guidance for a RBC, which adds to previous accessions to the Council Recommendations on Due Diligence Guidance for the mining sector in 2011 and the textile and footwear sector in 2017.
In particular, the Due Diligence Guidance for a Responsible Business Conduct, published in 2018, in addition to having been agreed by governments, trade unions, companies, and civil society, seeks to promote a consensus on due diligence and also to help companies implement the due diligence recommendations contained in the Guiding Principles, as well as in the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy of the International Labour Organization (ILO) (cf. OECD, 2018). – page 8
Despite persistent problems such as the high level of informality and, recently, the global pandemic of Covid-19, the formal business sector has progressively adopted good practices guided by the Guiding Principles and other related international standards. – page 9
CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS
3.2. Conclusions of the specific issues
Training needs
In general, the survey applied by OHCHR shows that the representatives of the NAP Multi-stakeholder Roundtable claim to have a medium level of knowledge about the business and human rights framework and RBC, and therefore consider it important to implement an adequate training strategy on the subject, in order to demystify preconceptions and further position the human rights approach in business management. Although there is familiarity with international instruments, as well as with the 2030 Agenda, the Guiding Principles, ILO studies on RBC in Peru, among others. In addition, there is still a need for training on corporate due diligence, both in business activities and supply chains. Likewise, there is an acceptable level of knowledge on the Guiding Principles, but this needs to be reinforced for the remediation pillar. – page 41
Due diligence mechanisms
The findings of the diagnostics show across the board that an important aspect that needs to be incorporated in companies is the adoption of due diligence measures. (…) Just over 50% do not apply due diligence processes to risks in the supply chain. This shows the need for a strategic articulation between the State, civil society, and the business sector so that an increasing number of companies incorporate these measures into their activities, as well as strengthen their practical application. In this regard, 57% mentioned the need to receive training on due diligence tools, so that training and advisory services are needed in this area to enable their practical implementation at the operational level. – page 42
Environmental Impact Assessment (EIA)
For its part, the formal business sector has generated good practices to be considered in the construction of a public policy on business and human rights and RBC. This should promote and guarantee corporate due diligence mechanisms from the formulation of the EIA, being strengthened by transparency mechanisms, training, multi-stakeholder dialogue, risk identification, complaints, among others, as recommended by the UN System, the Inter-American System, and the OECD. In addition to this, it is pertinent to mention that although the diagnosis corresponding to this NAP focuses on the problems related to EIAs, the provisions referred to the RBC are applicable to all environmental management instruments provided for in Peruvian environmental regulations. – page 49
Large-scale agriculture
Business associations in the sector, such as AGAP, have implemented good corporate practices, such as the adoption of codes of conduct, crime prevention policies, and measures against Covid-19, among others. However, there is no information from the public policy on their implementation, so it is necessary to generate public policy mechanisms to promote due diligence and reporting of these advances to the competent state sectors, as well as to strengthen the channels of complaint and internal human rights policies of the companies. – page 50
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 No. 1: Officials, managers, and public servants incorporate the guiding principles and other related international instruments in public management, specifically in the service they provide.
2.
Action: To implement training on GP-RBC and other international standards, from the governing body of the corresponding entity, aimed at its officials, managers, and public servants.
Background: In order to guarantee a permanent state training and awareness-raising effort for officials, managers, and public servants at all levels, each entity of the Executive Branch will progressively implement training initiatives on GP-RBC that meet the particular institutional needs, taking into account, to the extent necessary, the context of the health emergency caused by Covid-19. For this purpose, the entities may coordinate with MINJUSDH, to articulate technical and/or financial support with international organizations and international cooperation. In these cases, each entity will articulate, coordinate or report such training to MINJUSDH, taking into account its role as the governing body in human rights matters.
Indicator: Annual progress report on the implementation of training initiatives. – page 57
13.
Action: Create and implement a permanent training program on GP-RBC and other international standards, from the Justice and Human Rights sector, with special emphasis on meeting the specific needs of the business sector, both private and public, by company size and industry.
Background: In order to guarantee a permanent state training and awareness-raising of the business sector, both private and public, the MINJUSDH will create and implement a training program on GP-RBC and other international standards that will address, in coordination with companies and business associations, their particular needs, with special emphasis and attention to micro and small enterprises. These training activities will take into account, to the extent necessary, the context of the sanitary emergency caused by Covid-19.
Indicator: Number of training sessions for private and public companies and/or business associations on GP-RBC and other international standards, the role of human rights defenders, and the instruments for their protection (Action Indicator). – page 64
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.
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. 2: Design of public protection policies to prevent human rights violations in the business environment.
Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.
47.
Action: Evaluate the aspects of the GP-RBC approach that need to be integrated into the guidelines, manuals, and other documents of the National Environmental Impact Assessment System (SEIA), related to the role of the evaluating entities and project owners, to adopt the corresponding improvements, as the case may be.
Background/Indicator: Guides, manuals, and other documents for project evaluators and project owners within the framework of the National Environmental Impact Assessment System (SEIA) should incorporate the BHR-RBC approach. Although these documents do not constitute mandatory regulations, but rather have a guiding purpose, they would be very useful for disseminating good practices compatible with international standards. – page 87
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.
64.
Action: Implement the services of the “Formaliza Perú” Integrated Center, nationwide.
Background: The “Formaliza Perú” Integrated Center promotes and facilitates entry and permanence in labor formalization through access to guidance, training, and technical assistance services in matters related to labor formalization (R.M. 169-2018-TR), so within the framework of the NAP this measure is relevant, which is also part of the National Competitiveness and Productivity Plan (Policy Measure 5.4), approved by Supreme Decree No. 237- 2019-EF).
Indicator: Number of regions that have implemented the “Formaliza Perú” Integrated Center. – page 104
Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities
76.
Action: Establish a training program on the protection of human rights in the context of social conflict situations, in coordination with MINJUSDH.
Background: It is necessary to develop a culture of dialogue for social peace and respect for human rights within the framework of business activities, thus reconfiguring relations with social environments. To this end, it is important to implement a social conflict management program with a focus on the protection of human rights, so that these can be applied in the environments of investment projects.
Indicator: Training program. – page 113
77.
Action: Produce an instrument for use by the business sector, referring to the prevention of social conflict and RBC, within the framework of the National Action Plan on Business and Human Rights.
Background: Establish action guidelines to guide companies involved in situations of social conflict, in order to avoid human rights violations both by action and omission.
Indicator: Guide for good business practices in the area of GP-RBC that contribute to the prevention of social conflict (Action Indicator). – page 113
Strategic guideline No. 4: Promotion and design of due diligence procedures to ensure the respect of human rights by companies
Objective 1: Promote that companies have a human rights due diligence process.
86.
Action: Provide technical advice on the implementation of due diligence mechanisms within the framework of GP-RBC, with a focus on occupational safety and health.
Background: In order to promote the implementation of GP-RBC due diligence mechanisms,
the MINJUSDH will provide technical assistance to the business sector according to international standards, the national and international regulatory framework in force, and good practices in Peru and other countries that can be replicated
in the Peruvian context on issues of due diligence in occupational safety and health. This technical advice should consider the characteristics of small and medium enterprises, as well as the context of the Covid-19 pandemic.
Indicator: Number of orientations provided. – page 118
2. Ministry of Development Funds and Regional Policy
Responsible business – promoting due diligence standards
[page 10]
“The effectiveness of activities carried out so far in the form of cooperation within the Advisory Board for Sustainable Development and Corporate Social Responsibility encourages further development of the initiative and dialogue with representatives of various institutions and sectors. Therefore, the activities of the Advisory Board for Sustainable Development and Corporate Social Responsibility will be continued in the years to come. Within the framework of the Advisory Board’s work, plans involve a continuation of activities in the field of promoting standards related to respect for human rights in business activity of enterprises. A significant role in this respect will be played by the Working Group for Relations with Individuals Performing Work. The scope of tasks of the Working Group will be determined each time by the Advisory Board for Sustainable Development and Corporate Social Responsibility within the framework of annual action plans. The plans of the Working Group include, among others, the following activities:
– promotion of the handbook entitled: “Forced labour. A Guidebook: how to recognise and combat it” consisting in a wide-ranging e-mailing of the handbook, mailing of the paper version and organisation of webinars on the tools presented in the handbook. Information on the tools developed in the handbook will also be provided during meetings and trainings addressed to entrepreneurs organised by the Advisory Board for Sustainable Development and Corporate Social Responsibility,
– promotion of the handbook entitled: “CSR Guidebook to Safe and Sustainable Work Environment” consisting in distribution of the handbook in both electronic and printed versions and by establishing cooperation with centres and institutions dealing with the labour market in Poland in order to discuss the issues included in the handbook and the needs for changes in the Polish labour law system”
Activity of the OECD National Contact Point for Responsible Business Conduct
[page 11-12]
“The Polish OECD National Contact Point for Responsible Business Conduct (OECD NCP) was established in 1998, two years after Poland’s accession to the OECD. Since 2016, OECD NCP has been operating within the structure of government administration, currently in the Ministry of Development Funds and Regional Policy (MFiPR) in the structures of the Office of the Minister. As part of the operations of the OECD NCP in the area of respect for human rights in business activity of enterprises, the following activities are planned:
– promotion of the OECD Guidelines for Multinational Enterprises and the OECD sectoral recommendations, with particular emphasis on those concerning respect for human rights,
continuation of activities aimed at translating OECD documents on responsible business, which have not yet been translated into Polish, including involvement of representatives of relevant industries and sectors in the process of translation and verification of the documents,
– organisation of thematic information meetings on the activities of the OECD NCP to promote responsible business standards and the complaint mechanism for reporting potential violations of the OECD Guidelines for Multinational Enterprises,
– processing of notifications of potential violations of the OECD Guidelines for Multinational Enterprises by multinational enterprises.
(…)
in the coming years and in line with the expectations of the social partners the OECD NCP plans to increase the number of events promoting the OECD Guidelines, such as webinars or conferences. These events will also include one promoting responsible business standards in the context of respect for human rights in business activities of enterprises.
4. Ministry of Family and Social Policy
Social Policy for Elderly People 2030. SAFETY – PARTICIPATION – SOLIDARITY
[page 16-17]
“In 2018, a document was adopted setting out the directions of social policy towards older persons in Poland: Social Policy for Elderly People 2030. SAFETY – PARTICIPATION – SOLIDARITY (Official Journal of the Republic of Poland ‘Monitor Polski’, of 2018, item 1169)”
(…)
“Promoting the principles of corporate social responsibility and age management among employers will be i implemented through:”
(…)
“- promoting good practices and sharing experiences in this area.”
(…)
“Promoting knowledge of the principles of the silver economy among commercial and non-commercial entities will be implemented through:
– conducting information activities addressed to entrepreneurs, as well as social and solidarity economy entities as regards knowledge of the principles of the silver economy and needs and solutions related to accessibility and adaptation of websites and electronic services to older persons;”
(…)
“Awareness of the principles governing the silver economy will allow employers to adjust their offer to the changing expectations of the market, which, in turn, will create an opportunity to increase the competitiveness of the Polish economy.”
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”
Update of the ‘Family and work’ platform
[page 21]
“Over the next two years, a number of further measures are planned in the area related to work-life balance in connection with the implementation of the ‘Good climate for quality jobs’ project with funding provided under the Norwegian Financial Mechanism. The plans involve, among others, an update and further development of the rodzinaipraca.gov.pl platform, as well as large-scale awareness-raising activities among employers, employees and the general public (including awareness-raising campaign, nationwide meeting of fathers, competition for employers creating friendly workplaces for working parents).”
5.Ministry of Finance
Implementation of the Good Practice Catalogue on due diligence for European Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas
[page 24]
“On 1 January 2021, new obligations took effect as regards supply chain due diligence for EU importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. These obligations were established by Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017.”
(…)
“To this end, good practices are being introduced. They comprise in particular:
• Maintaining a dedicated tab on the website of the Ministry of Finance providing information on responsible sourcing of ‘3TG’ minerals: https://www.gov.pl/web/kas/konfliktowe-mineraly
• Various forms of meetings with selected importers and national industry organisations on ‘3TG’ minerals to build awareness related to the implementation of the provisions of the aforesaid Regulation, as well as OECD and UN guidelines.
• Undertaking cooperation with the Entrepreneurship Support Department of the Polish Agency for Enterprise Development as well as the CSR and Cooperation with NGOs Unit in the Minister’s Office in the Ministry of Development Funds and Regional Policy in order to reach a wide range of entrepreneurs who are subject to the obligations under aforesaid Regulation. Due to this cooperation, an even greater number of entrepreneurs receive information/training materials (e-learning), in the area of ‘conflict’ minerals.
• A newsletter sent to importers of ‘3TG’ minerals in Poland and sending important information to importers’ e-mail addresses, e.g. information on changes in regulations, instructions, explanations.”
7. Ministry of the Interior and Administration
Combating the phenomenon of trafficking in human beings for forced labour
[page 26]
“1. Building awareness of the threat of exploitation and forced labour, e.g. through poster campaign, information meetings.
2. Developing guidelines for labour inspectors on the methodology of conducting control activities in cases where there is a suspicion of trafficking in human beings, in particular forced labour, and implementing them.”
9. Ministry of State Assets
Best practices for WSE-listed and State Treasury (ST) companies
[page 28]
“There are plans to develop best practice recommendations for companies listed on the WSE which, in line with global trends, will emphasise the importance of non-financial capital (e.g. human or environmental capital) used by companies and extend the scope of reporting on non-financial factors. Every year, the Prime Minister issues Guidelines for companies with State Treasury shareholding preparing financial statements, containing information on non-financial reporting (part III of the Guidelines). The Ministry of State Assets also analyses the possibility of introducing – at the level of good practices – regulations for ST companies concerning corporate social responsibility.”
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.”
11. Ministry of Foreign Affairs
Maps of risks and threats to human rights in business context and good practice catalogues
[page 29]
“The Embassies of the Republic of Poland will continuously update the Maps of risks and threats to human rights in business in the host countries and good practice catalogues. Once a year, by order of the Department of United Nations and Human Rights of the Ministry of Foreign Affairs, all embassies will send the updated Maps and Catalogues both to the Headquarters and to other Polish missions in their host countries (Consulates General and Polish Institutes). The aforesaid documents will be placed on the internal website of the Ministry of Foreign Affairs in the Diplopedia section, in the State Websites tab, as information material available to the employees of the Ministry of Foreign Affairs as well as to people going on missions. At embassies, persons shall be appointed whose scope of duties includes monitoring of human rights issues in business context and familiarising new staff in the mission with relevant documents relating to the UN Guiding Principles. Pre-departure training on business and human rights based on the UN Guiding Principles will continue for heads of mission and all others going to work in foreign missions.”
13. National Labour Inspectorate
Statutory tasks
[page 35]
“The statutory tasks of the National Labour Inspectorate include, in particular:”
(…)
“- providing technical guidance and legal advice;”
Supervisory and inspection activities
[page 37]
“The National Labour Inspectorate actively supports employers’ involvement in issues concerning safety and working conditions, as well as employee participation, both in its oversight and inspection capacity and in its preventive and promotional activities. These include seminars, conferences, and training meetings with employers involved in permanent workplace safety improvement programmes (enhanced oversight in industrial establishments, regular inspections in construction, rail infrastructure, forestry, and mining sectors).”
14. Office of Competition and Consumer Protection
Tasks related to counteracting the unfair use of contractual advantage
[page 40]
“The President of the Office of Competition and Consumer Protection will continue to perform tasks related to counteracting the unfair use of contractual advantage in trade in agricultural and food products. Their main objective will still be to improve the situation of the weaker participants of the agri-food market through ongoing monitoring of the situation in its individual segments, as well as carrying out explanatory and relevant proceedings in a consistent manner. The activity of the President of the Office of Competition and Consumer Protection should lead to an increase in the level of awareness of agri-food market participants, and thus result in a decrease in the number of violations.”
Appendix 2 (information of the Ministry of Foreign Affairs)
Recommendations
[page 46]
“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:- comply with the United Nations ‘UN Guiding Principles on Business and Human Rights’ and the principle of ‘due diligence’3 and to continuously raise awareness of the need to apply them in practice among both employees and partners of the mission”;
[page 48]
“- provide Polish enterprises operating in the host country with information and advisory assistance to support them in ensuring respect for human rights in areas affected by armed conflict.”
The numerous guidelines and activities of the Government of the Republic of Slovenia prove its commitment to ensuring respect for human rights in business. (pg.12)
Principle 3a – Health and safety at work
The Ministry will set up a mechanism for exchanging good practices and experience in workplace health promotion. (pg. 18)
Principle 6 – Planned measures
The Slovene export and development bank, SID Bank, will continue to observe the principles according to which it has operated, including the principle of balanced and sustainable development (economic, environmental and social development), and follow good practices in the implementation of these principles in comparable institutions in the EU. (pg. 28)
Principle 10 – Basic Orientations
It will thus continue to actively participate in the annual UN Forum on Business and Human Rights, which is an important platform for exchanging good practices and raising awareness of the implementation of the UN Guiding Principles on Business and Human Rights.
In addition, it will encourage the exchange of experience and good practices in business and human rights. (pg. 32)
Following the adoption of the ‘UN Guiding Principles on Business and Human Rights’ in 2011, various follow-up measures are being pursued to realize the guiding principle internationally.
– Establishment of ‘NAP on Business and Human Rights’ is being mentioned as one of the followup measures.
– The National Human Rights Commission of Korea also announced ’National Human Rights Policy Basic Plan Recommendation of Business and Human Rights’ on September 2016.
According to ‘Operation Rules for National Contact Point (NCP) for Implementing OECD Guidelines for Multinational Enterprises’ enacted in 2001, NCP was established within the Ministry of Trade, Industry and Energy. But considering the fact that it is insufficient to prevent human rights violations of corporations, NCP amends operational rules and strengthens the diversity and professionalism of its members.
…
2. Implementation of the Second NAP [page 4]
Promotion of social responsibility, including respect for human rights in managerial activities
– Publication of operating casebook of Creating Shared Value Forum and opening of training course for experts of corporate social responsibility and creating shared values.
– Revision of 「Procurement Business Act」 and addition of an article promoting corporate social responsibility on January 2016.
Improvement of OECD Guidelines for Multinational Enterprises National Contact Point (NCP)
– Held meetings and seminars for overseas Korean companies to promote the implementation of OECD Guidelines.
– Operated NCP website (www.ncp.or.kr) and opened English website.
– Diversified the composition of the members as requested in the OECD Guidelines and professionalized the operational procedures.
D. Tasks for the Third NAP
Institutionalization of Human Rights Management
1. Secure corporate responsibility on human rights [page 4]
Express expectations of corporate responsibility on respecting human rights in a way that can be effectively communicated to corporations in order to fulfill their responsibilities in respect of human rights.
– Express expectations of corporate responsibility on respecting human rights through its official website. (declaration)
(1) All corporations within the territory or jurisdiction of Republic of Korea, regardless of its size or location, should implement the corporate responsibility on respecting human rights defined by UN Guiding Principles.
(2) To the extent possible, corporations should pay attention to prevent human rights violations happening at supply chain such as business partners or supplying companies.
(3) Government should provide necessary support and legal, policy, and institutional arrangements for corporations to fulfill their human rights responsibilities.
5. Support corporate with gender equality management [page 5]
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.
“The Government will transfer the expectations described regarding human rights by companies to the business sector in a clear and consistent manner.”
Measure 2
“The Government will develop awareness and training actions based on the United Nations Guiding Principles on Business and Human Rights, the National Plan for Business and Human Rights, and the expectations of the State in matters of business and human rights. These actions can be organized, among others, with the National Contact Point of the OECD Guidelines for multinational companies, business associations, networks of the United Nations Global Compact, and civil society organizations. This action will be directed as a priority to those companies in which the State has participation, or to which it provides financial, diplomatic, or other support; to companies that may affect vulnerable groups; as well as to those companies that have received the endorsement of Brand Spain. The awareness actions will be directed to the personnel of the companies at different decision-making levels, including the boards of directors and governing bodies.”
Measure 3
“In particular, the Government will develop awareness-raising campaign on actions aimed to protect groups with greater risk of vulnerability. In this sense, and in collaboration with the Spanish and international organizations, the Government will disseminate the UNICEF document, Save the Children and the Global Compact “Children’s Rights and Business Principles” among the business sector and will specifically take into account General Comment No. 16 of 2013 of the Committee on the Rights of the Child.”
Measure 4
“The self-regulation codes will also be promoted, taking as an example relevant sector experiences, such as the Global Code of Ethics for Tourism of the World Tourism Organization (WTO) or the Code of Conduct for the protection of children and adolescents against sexual exploitation in the Tourism and Travel Industry, as well as the relevant labor conventions of the ILO.”
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.”
Measure 6
“Companies and vulnerable sectors will be informed about ILO Convention 169 on Indigenous and Tribal Peoples (1989), and the United Nations Declaration on the Rights of Indigenous Peoples (2007). This awareness-raising action will demonstrate the benefits that the respect for human rights can have for companies, as well as highlight examples of good practices.”
Measure 7
“The Government will establish networks among Spanish companies or that the ones that operate in Spain for the promotion of: measures, procedures or internal systems that can effectively contribute to the prevention and/or mitigation of the negative consequences of business activities on human rights; as well as for the dissemination of good practices aimed to avoid these consequences, or to influence their avoidance, reduction or remedy. The establishment of procedures for internal assessment and determination of action will be promoted in a manner that avoids other negative consequences on human rights.”
Measure 8
“The Monitoring Commission will design and submit to the Government the adoption of an incentive system that includes both large companies and Small and Medium Enterprises (SMEs) that carry out policies in the field of human rights. These incentives may be economic, commercial, visibility and image, or other nature, to encourage companies to have policies and reliably certify that they have implemented adequate procedures at a global level according to their size and circumstances, namely:
A public commitment to assume its responsibility to respect human rights in accordance with the provisions of the Principle no. 16;
A process of due diligence aligned with the sectorial guides regarding the OECD (due diligence guidance), and based on the dialogue with stakeholders that allows identification, prevention, mitigation, and accountability of how they address the impact of their own activities and those that are directly related to their business relationships in accordance with the provisions of Principles no. 17 to no. 21;
Some processes that allow to remedy all the negative consequences on human rights that have caused or contributed to provoke according to what is established in Principles no. 22, no.29, no. 30, no. 31.”
Guiding Principle 3
Measure 5
“The implementation will be promoted by business and trade unions, general or sectorial, including representative organizations of social economy entities; as well as other institutions such as chambers of commerce, chambers abroad, universities, business schools, etc. of actions that should promote online training and advice and Resolution of queries, coordinated with those carried out in the application of the Spanish Strategy of Corporate Social Responsibility.”
Measure 6
“In accordance with the recommendations of the EU, the Government will promote information and training of SMEs and social economy entities, through all available means in business associations, and will promote the creation of sectorial forums of learning in order to discuss good practices and to reach commitments of interest for each sector.”
Measure 7
“In parallel, the Government, in collaboration with independent and specialized institutions with accredited experience in human rights matters where conflicts of interest do not arise, will collaborate in the creation and consolidation of on-site training programs and will promote the inclusion of specific contents on human rights in the training activities of business organizations and of the Public Administration.”
Measure 8
The Government will collaborate with other governments in the development of training materials and tools
Measures 11
The National Contact Point of the “OECD Guidelines” will act as a focal point to provide information and advice on business and human rights issues.
Guiding Principle 7
Measure 1
“The Government, through its representations abroad, will inform companies about the risks involved in their business activities and relationships, especially in areas affected by conflicts.”
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.”
Guiding Principle 28
Measure 1
“The Government will promote the development of practical guides and compile good practices on the establishment of grievance mechanisms managed by companies themselves that respect the criteria identified in Guiding Principle 31.”
Guiding Principle 30
Measure 2
“The Government will issue recommendations so that the companies establish or participate in effective complaints mechanisms at an operational level are available to people who suffer negative consequences.”
2 The corporate responsibility to respect human rights [page 13-14]
“Internationally recognised instruments provide guidance for companies in their human rights efforts.2 The UN Guiding Principles focus on businesses and human rights. The United Nations Global Compact, the OECD Guidelines for Multinational Enterprises and the Children’s Rights and Business Principles take a broader approach and address not only human rights but also other issues such as the environment, working conditions and anti-corruption. …
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. …
February 2015 saw the launch of the first comprehensive guidance for companies on human rights reporting in line with the UNGP: UN Guiding Principles Reporting Framework. Five international companies are ‘early adopters’ of the reporting framework: Ericsson, H&M, Nestlé, Newmont and Unilever”
Annex: Measures taken [page 22-25]
The State as actor
“… Sweden is carrying out awareness-raising activities on this issue and supports the OECD’s work on how companies are to identify risks in the supply chain and avoid trade in conflict minerals (OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas).”
The State as owner
The Government has held seminars for the chairs of boards and managing directors of all state-owned companies on the Government’s expectations regarding the companies’ application of the UN Guiding Principles on Business and Human Rights. A study was carried out in 2013 on the international guidelines from the UN and the OECD, aimed at facilitating companies’ application of the state ownership policy.
A CSR network has been established for the discussion of relevant CSR-related issues and to allow companies to exchange knowledge and experience. The international guidelines with which the companies are expected to comply were discussed at one of the network meetings. The Government Offices corporate management organisation has also held a workshop for the companies on the UN Guiding Principles on Business and Human Rights.
A business analysis tool that sheds light on relevant areas of CSR, including human rights, has been developed for state-owned companies by the Government Offices corporate management organisation. The analysis increases the owner’s awareness of the companies’ risks and opportunities and how these can be managed. The result of the analysis is integrated in corporate governance and taken into account in the Government’s regular dialogue with the company, in monitoring the company’s development, and in the recruitment and nomination of board members.
Action by government agencies
The Swedish Export Credits Guarantee Board (EKN) has been instructed in its appropriation directions to pursue continuous development of its work on human rights, working conditions, the environment, corruption and internet freedom, based on OECD recommendations in these areas (‘Common Approaches’ and ‘Bribery and Officially Supported Export Credits’). EKN also has instructions to ensure that its activities comply with, and information has been provided about, the OECD Guidelines for Multinational Enterprises, the principles of the UN Global Compact and the UN Guiding Principles on Business and Human Rights.
In its ‘Common Approaches’ recommendations, the OECD prescribes a method that the EKN (and its equivalents in other OECD countries) should follow when assessing the environmental and human rights impacts of projects in particularly sensitive sectors to which it guarantees deliveries by Swedish companies.
Over and above the projects and sectors covered by the OECD’s ‘Common Approaches’ recommendations, the EKN has requirements and processes in place for conducting due diligence with respect to the environment and human rights in all other business transactions. The EKN also produces country risk analyses for many countries (www.ekn.se). The due diligence and any more in-depth review proceed from the potential seriousness of the impact of a business transaction and depends on the size of the transaction.
Business Sweden (the Swedish Trade & Invest Council) is required to follow the UN Guiding Principles on Business and Human Rights, the principles of the UN Global Compact and the OECD Guidelines for Multinational Enterprises. It is also required to actively inform and encourage companies in their CSR work, in accordance with established global guidelines.
The Swedish International Development Cooperation Agency (Sida) has developed forms of cooperation with the private sector with a view to mobilising additional resources for development. CSR is a precondition for cooperation. Based on the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises and the principles of the UN Global Compact, a due diligence tool has been developed for assessing and facilitating dialogue with potential partners on business and human rights. Sida works actively with the business community on human rights, including by cooperating with companies on poverty reduction projects. This is also the starting point for discussions and activities in Swedish Leadership for Sustainable Development (SLSD), a network that encompasses around twenty large corporations with links to Sweden. …
The Swedish Institute (SI) has a management programme that provides leadership training for young leaders from Europe, China and India. By offering individuals in leading positions – established business people and opinion-makers in the private and public sectors – an advanced management programme in CSR, SI brings together people who are interested in advancing these issues in their particular areas of business. At the same time, this creates a business network for CSR in which Sweden is an active and natural party
Annex: Measures planned [page 28]
How can the State support the business sector?
“The Ministry for Foreign Affairs’ reports on the human rights situation in countries around the world will be developed to more easily provide companies with guidance on human rights issues and risks in the countries in which they operate. These human rights reports are available on the Swedish Government website.”
Annex: Links [page 30]
“The European Commission has produced a guide to human rights for small and mediumsized enterprises in Swedish, based on the UN Guiding Principles for Business and Human Rights. The Commission has also developed industry-specific guides for extractive industries (oil and gas), temporary-work agencies and the ICT sector. These are available on the Commission website: www.ec.europa.eu …
Information about the Government’s CSR work in state-owned companies can be found in the State’s Ownership Policy and guidelines for state-owned companies: www.regeringen.se”
2 National Action Plan on Business and Human Rights 2020-23
2.1 Pillar 1: state duty to protect
Guiding Principles 1 to 3
2.1.2 Operational principles: legislative and information policy measures
Measure 2: Security and human rights
Switzerland is a member of the Voluntary Principles on Security and Human Rights initiative and contributes to its development. This initiative is targeted at companies in the extractive sector and offers them guidance on maintaining the safety and security of their operations within a framework that ensures respect for human rights, especially when private and/or public security providers are also involved. Switzerland is an active member of the Steering Committee and assumes the chair on a rotating basis. It is also committed to the application of the Voluntary Principles in the field and works to expand membership of the initiative.
Measure 3: Promotion of UN Guiding Principles
The Federal Council will develop a business and human rights communications strategy that promotes the UN Guiding Principles and sets out in clear terms what it expects from companies and management in this regard.
– awareness-raising efforts (incl. a website, workshops, webinars, presentations, publications);
– a platform for dialogue and the sharing of best practices (see Measure 26 below);
– communication with Swiss representations abroad;
– communication with the general public through articles, newspaper columns, company profiles, expert analyses and interviews;
– participation in forums for dialogue, particularly on commodities, alongside representatives from the cantons, the private sector, NGOs and the research community.
Measure 4: Geneva Center for Business and Human Rights
The Geneva Center for Business and Human Rights was established in 2019. Its mission is to educate future business leaders on human rights issues, provide a focus for rapidly changing political and trade discussions on the subject, and bolster Geneva’s status as the human rights capital. The centre, which will benefit from federal government support, carries out research on the human rights challenges faced by the corporate sector and fosters collaboration between academia and industry to gain new insights and advance existing knowledge on the subject.
Objective
Indicator
Responsibility
Support research and academic input on the subject of business and human rights.
Research published by the centre that offers solutions (business models) for companies in ensuring respect for human rights.
FDFA [Federal Department of Foreign Affairs],
Measure 6: Business enterprises and human rights defenders
Companies should take on board the concerns of stakeholders, including human rights defenders, who may be affected by their activities. They also should not obstruct the legitimate and peaceful work of HRDs. Business enterprises can contribute to protecting human rights defenders by raising the matter with the authorities. As part of its State duty to protect, Switzerland supports the work of HRDs and is committed to ensuring that they are protected against unfair treatment, threats and violence, including abuses committed by private companies. The FDFA’s guidelines on human rights defenders are intended to raise awareness among Swiss representations abroad about their role and the resources available to them.
Measure 7: Reduction in human rights risks associated with gold extraction and trading
Switzerland will continue to support the implementation of OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas and other relevant guidelines. As recommended in the above report, it will explore the possibility of granting the Central Office for Precious Metals Control wider responsibilities, including with respect to transparency on the provenance of gold imported to Switzerland.
Measure 8: Human rights in tourism
The federal government supports the Roundtable on Human Rights in Tourism assessment of human rights impacts along the tourism value chain. This project, which will initially focus on Thailand, adopts a multi-stakeholder approach and seeks to develop practical guidelines for the tourism industry as a whole.
2.1.3 The State-business nexus
Guiding Principles 4 to 5
Given the federal government’s direct influence on the activities of federal government-associated businesses, it has a particular obligation to ensure that these companies respect human rights, for example by conducting human rights due diligence. It also expects federal government-associated businesses to have in place human rights best practices.
Measure 9: Human rights due diligence by federal government-associated businesses
The Federal Council defines its strategic goals for federal government-associated businesses every four years and expects these companies to pursue a sustainable corporate strategy to the best of their business ability. As regards the protection of human rights, a number of these businesses already exercise due diligence and document these efforts in their reporting.
To advance the implementation of UN Guiding Principles by federal government-associated businesses, interdepartmental coordination must be stepped up. Failure by these entities to meet international standards on human rights due diligence could pose a reputational risk to the federal government. The Federal Council therefore intends to assist federal government-associated businesses in playing a lead role by raising awareness of human rights due diligence and promoting the exchange of best practices, particularly with regard to risk management, monitoring and public reporting. This optional measure is geared primarily towards federal government-associated businesses which work with suppliers and business partners abroad.
The federal government may also run optional training sessions on UN Guiding Principles and human rights due diligence for the members of boards of directors and senior management of federal government-associated businesses.
Objective
Indicator
Responsibility
Assist federal government-associated businesses in taking a lead role and encourage them to put in place human rights due diligence procedures.
Examples of human rights due diligence exercised by federal government-associated businesses.
At least one training session held for federal government-associated businesses.
FDFA [Federal Department of Foreign Affairs],
DETEC [Federal Department of the Environment, Transport, Energy and Communications],
EAER [Federal Department of Economic Affairs, Education and Research].
Guiding Principle 6
The federal government is committed to ensuring that the value chains of goods purchased by the public sector are free of human rights abuses. It promotes respect for human rights by business enterprises with which they conduct commercial transactions.
Measure 13: Guidelines on human rights due diligence in conflict-affected and high-risk areas
Guidelines on human rights due diligence in conflict-affected and high-risk areas have been drawn up at international level and adopted by various OECD members. The Federal Council works at international level to advance the development, promotion and implementation of global standards. Switzerland also supports the implementation of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. It is also a member of the multi-stakeholder group that manages the implementation, dissemination and continued development of these guidelines. The OECD Due Diligence Guidance is aimed primarily at companies involved in the extraction and trading of commodities in conflict-affected and high-risk areas, but it also applies to manufacturers of products containing minerals which operate in the downstream value chain and are required to exercise due diligence.
In addition, the federal government supports a project led by the UN Working Group on Business and Human Rights that aims to clarify the practical steps that companies, investors and States should take to prevent and combat business-related human rights abuses in conflict, post-conflict and fragile contexts.
The EU adopted Regulation 2017/821 of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. The relevant provisions will take effect on 1 January 2021. In accordance with the Federal Council decision of 14 August 2019, the FDJP is mandated to examine the introduction of a mandatory due diligence in the area of “minerals from conflict areas”. In the meantime, on 18 December 2019, the Council of States adopted a regulation on this issue as part of the preparation of an indirect counter-proposal to the popular initiative for responsible businesses. The National Council has not yet commented on this. The Federal Council is of the opinion that it should await the end of the parliamentary debates.
Objective
Indicator
Responsibility
Develop, promote and implement specific guidelines in respect of high-risk, conflict-affected areas.
Explore possible measures that are consistent with international rules, including a bill to be submitted for consultation.
Example of the federal government’s contribution to organisations developing these guidelines.
FDFA [Federal Department of Foreign Affairs],
EAER [Federal Department of Economic Affairs, Education and Research],
FDJP [Federal Department of Justice and Police].
2.1.5 Policy coherence
Guiding Principle 10
Measure 22: Commitments by Switzerland to the UN Guiding Principles at multilateral level
Within the ILO, Switzerland supports the follow-up to the 2016 ILO Resolution on the UN Guiding Principles and global supply chains. It also comments on violations of fundamental rights at work committed by other ILO member states. In 2019, Switzerland declared that it was in favour of adopting the ‘ILO Centenary Declaration for the Future of Work’ which puts workers’ rights and the needs, aspirations and rights of all people at the heart of economic, social and environmental policies. The federal government also promotes the recommendations of the ILO’s Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. These activities are part of efforts to promote the NAP and provide business enterprises with guidance on compliance with labour standards.
2.2 Pillar 2: the corporate responsibility to respect human rights
In promoting the UN Guiding Principles at national and international levels, the federal government seeks to create the right framework conditions for business enterprises to implement the principles, and to support them during this process. By respecting human rights, Swiss companies can consolidate their international standing over the long term as responsible and competitive players. The Federal Council therefore helps companies to meet their human rights responsibilities.
2.2.2 Operational principles: human rights due diligence
Guiding Principles 16 to 21
Measure 24: Support for industry initiatives
The federal government will step up cooperation with industry initiatives, associations and chambers of commerce which promote the UN Guiding Principles, and support action taken by businesses to uphold human rights. This will involve identifying initiatives and actors which have the potential to substantially further the implementation of the UN Guiding Principles by businesses. Priority will be given to initiatives that contribute to due diligence training for business enterprises or that are developing practical and effective human rights tools for SMEs. All tools developed as part of initiatives supported and recognised under the NAP will be made available to the businesses online.
Objective
Indicator
Responsibility
Support and work with business enterprises on solutions to facilitate the implementation of the UN Guiding Principles.
Federal government cooperation with an industry initiative to develop a human rights tool.
FDFA [Federal Department of Foreign Affairs],
EAER [Federal Department of Economic Affairs, Education and Research]
Measure 25: Promotion of ILO Helpdesk for Business
The ILO Helpdesk for Business is a valuable resource for company managers and workers seeking information on how to better align their business operations with international labour standards and build good industrial relations. The ILO Helpdesk provides information in response to specific questions and has a website featuring ILO tools and business-specific resources. Specific queries on applying international labour standards in company operations can be sent by email directly to the ILO. Employers’ organisations and individual companies can also use the free and confidential service provided by the ILO Helpdesk for Business. The responses are prepared by an ILO expert team based on the various ILO standards, strategy documents and tools.
Objective
Indicator
Responsibility
Promote the use of the ILO Helpdesk for queries regarding the application of international labour standards.
The number of queries submitted to the ILO Helpdesk and the volume of website traffic to its website (source: ILO Annual Report on the services provided by the Helpdesk).
EAER [Federal Department of Economic Affairs, Education and Research]
Measure 26: Promotion of best practices
The federal government intends to hold a Swiss Business and Human Rights Forum as part of its efforts to encourage and promote human rights best practices among businesses. The forum will provide stakeholders with a platform to discuss trends and challenges in implementing the UN Guiding Principles and foster dialogue and cooperation, particularly on the operational challenges faced by certain sectors. The forum will also help identify best practices for SMEs. In addition to these activities, the federal government will explore the option of creating a Swiss Business and Human Rights Award for business enterprises that have made an outstanding contribution to protecting human rights.
Objective
Indicator
Responsibility
Promote human rights best practices among business enterprises.
Launch the Swiss Business and Human Rights Forum. Number of participating businesses.
FDFA [Federal Department of Foreign Affairs],
EAER [Federal Department of Economic Affairs, Education and Research]
Measure 30: Guides and tools to implement the UN Guiding Principles
Most business enterprises use certification and private labels (e.g. UTZ, Fairtrade, and amfori/BSCI) as a means of ensuring compliance with social and environmental standards along the entire value chain. The federal government intends to help businesses identify which certifications meet the human rights due diligence standards under the UN Guiding Principles.
In response to Recommendation 11 of the Background Report on Commodities, the Swiss government worked with a multi-stakeholder group (cantons, civil society and the private sector) to draw up a best practice guide for the commodity sector. ‘The Commodity Sector – Guidance on Implementing the UN Guiding Principles on Business and Human Rights’, which was published in November 2018, provides companies working in this sector with practical advice on exercising due diligence along their value chains. Measures, including awareness-raising events and practical workshops, will be put in place to disseminate and promote its application.
The OECD has also produced a series of guidelines for companies that contain practical recommendations on the adoption of due diligence along their value chains. In May 2018, it published guidance for companies of all sizes that are exposed to risks in their value chains, irrespective of the sector within which they operate. Other guidelines are aimed at specific sectors such as the agricultural, financial and textile sectors.
Many international guides and tools are already available. The federal government will explore the possibility of translating some of these into the national languages to enable them to be adapted and implemented in Switzerland. The complex nature of these guides means that some companies, especially SMEs, may find it difficult to put them into practice. Easy-to-use online interactive tools could provide a starting point for SMEs. The Swiss government will develop instruments that enable SMEs to carry out risk assessments and identify measures. They also could provide the basis for an assessment of the action needed to improve human rights due diligence.
IV. The corporate responsibility to respect human rights
B. Actions taken
State encouragement of respect by businesses for human rights (page 11)
‘[…] the idea that businesses should fulfill their social responsibilities has been incorporated by the government into the “Company Act.” As a result, all businesses in Taiwan now have a clear legal basis to guide the fulfillment of their social responsibilities. In addition, companies must not allow their business activities to cause or contribute to human rights abuses, and they must take steps to prevent human rights abuses, in order to reduce the negative effect of business activities on human rights.’
‘The Taiwan government also provides resources and support, including the following: it uses the “Statute for Industrial Innovation” and other legislation to encourage and reward sustainable development; it expressly provides in the “Company Act” that companies must encourage enterprises to share profits with employees; it has added a new provision to the “Act for Development of Small and Medium Enterprises” to provide that, when the Composite Leading Indicators are above certain levels, if a small or medium enterprise raises the average salary paid to junior employees, it can receive tax breaks; and it has launched a Green Finance Action Plan that identifies green energy technology and other key industries as top-priority recipients of financial institution support so that they can spur the achievement of energy conservation and carbon reduction targets and environmental protection goals. For many years, the government has carried out assistance plans that have provided business diagnosis and consultation services, helped businesses to improve, and provided suggestions for future development.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP3, Actions taken (page 41).
Greater information transparency (page 13)
‘the Taiwan government has also provided businesses with the tools and guidance needed to implement their CSR policies, and has continually conducted outreach activities to encourage businesses to: voluntarily prepare annual CSR reports; disclose their human rights policies, human rights assessment methods, and supplier risks; and establish internal grievance
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP3, Actions taken (page 41).
C. Actions planned
Continue promoting dialogue and communication between businesses and stakeholders (page 14)
‘The Taiwan government will continue to promote dialogue and communication between businesses, government agencies, and civic groups to set up an effective platform for conducting sustained and regular dialogue and communication among themselves. […] To raise awareness of human rights issues, the government will conduct outreach activities. For example, it will prepare multilingual publicity materials to familiarize businesses, interest groups, and NGOs in Taiwan with the UNGPs and the OECD Guidelines for Multinational Enterprises.’
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
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
Develop measures to prevent and manage issues related to HIV/AIDS in the workplace by promoting the implementation of National Guidelines on Prevention and Administration of HIV/AIDS in the Workplace to be used as operational guidelines for HIV/AIDS in the workplace.
– Ministry of Labour
– Ministry of Public Health (Sub- committee on Promotion and Protection of the rights of HIV/AIDS)
2019–2022
Number of establishments/ businesses/ employees involved in promotion activities
– National Strategy for Social Cohesion and Just Society
– SDG 3 and 8
– UNGPs Articles 1, 3, 4, 5 and 7
10.
Children of migrant workers
Encouraging establishments to organize childcare centres at work by registering as child service centres in the workplace with the Ministry of Social Development and Human Security. Such establishments will receive tax deductions and children of employees and workers are taken care of with proper development.
– Ministry of Social Development and Human Security
– Ministry of Labour
2019–2022
Number of establishments registered as a child service centre in the workplace
– National Strategy for Human Capital Development and Strengthening
– SDG 8 and 11
– UNGPs Articles 1, 3, 4, 5 and 7
13.
Protection of labour in the supply chain system
Study and issue measures for the business sector that has a supply chain to have a management system that meets the Thai Labour Standard (TLS 8001)
Ministry of Labour
2019–2022
Number of studies
– National Strategy for Public Sector Rebalancing and Development
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
15.
Operations set for business sector
Encourage establishments/ businesses to apply Good Labour Practice (GLP) in their business management
– Ministry of Labour
2019–2022
1,000 establishments/ year have been promoted
– National Strategy for National Competitiveness Enhancement
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
3.4.3 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
2.
Creating investor awareness
Disseminate the UNGPs to businesses or entrepreneurs by establishing communication channels with the Securities and Exchange Commission (SEC) and the Stock Exchange of Thailand
– The Office of the Securities and Exchange Commission
– The Stock Exchange of Thailand
– The Board of Investment of Thailand (BOI)
– The Joint Standing Committee on Commerce, Industry and Banking (JSCCIB)
– Ministry of Justice
– Ministry of Commerce (Department of Business Development)
2019–2022
Training and conferences are organized to disseminate UNGPs
– National Strategy for National Competitiveness Enhancement
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 16
– UNGPs Articles 1, 3, 4, 5, 7, 8
Encourage the business sector to focus on the relationship between large companies and the company’s supply chain, including outsourced services and subcontracting that may have adverse effects on human rights
– The Office of the Securities and Exchange Commission
– The Stock Exchange of Thailand
2019–2022
Training for the business sector to focus on the relationship between large companies and the company’s supply chain, including outsourced services and subcontracting that may have adverse effects on human rights
– National Strategy for National Competitiveness Enhancement
– National Strategy for Human Capital Development and Strengthening
– SDG 8 and 16
– UNGPs Articles 1, 3, 4, 5, 7, 8
Encourage commercial banks to focus on the business operations that affect society and the environment by promoting Sustainable Banking Guidelines, which define guidelines for commercial banks consistent with the principles of Environment, Social and Governance (ESG) criteria or other practices that are accepted internationally
– Bank of Thailand
2019–2022
Common guidelines for Sustainable Banking Guidelines in order to set business standards. Finance in accordance with the principles of Environment, Social and Governance (ESG) criteria or other guidelines that are accepted internationally
– National Strategy for Eco-Friendly Development and Growth
– National Strategy for Human Capital Development and Strengthening
– SDG 8 and 16
– UNGPs Articles 1, 3, 4, 5 and 7, 8, 9 and 10
3.
Promotion of Investment
Consider measures to encourage business organizations which are located in the territory or jurisdiction of Thailand’s sovereignty to abide by the UNGPs.
In initiating or developing projects, consideration must be given to public benefits, rights of public participation and impact on people in the area before deciding to proceed with the project
– Office of the Securities and Exchange Commission
2019–2022
Training for business organizations that are located in the territory or jurisdiction of Thailand’s sovereignty to abide by the UNGPs
– National Strategy for National Competitiveness Enhancement
– National Strategy for Human Capital Development and Strengthening
– SDG 8 and 16
– UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10
Create awareness, promote and facilitate business for Thai investors going to foreign countries to respect the principles of human rights as well as comply with various rules including regulations regarding human rights of the host country by consider making guidelines for investment in each country
– Office of the Board of Investment
– Bank for Export and Import of Thailand
– Office of the Securities and Exchange Commission
– Ministry of Commerce (Department of Trade Promotion International)
2019–2022
Entrepreneurs who are going to invest in foreign countries trained and educated to respect human rights principles
– National Strategy for National Competitiveness Enhancement
– National Strategy for Human Capital Development and Strengthening
CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES
OBJECTIVE 2: To promote human rights compliance and accountability by business actors
(…)
4.2.3 Capacity building for business operators on human rights observance
Strengthen the technical capacity of businesses on human rights.
Build capacity of businesses and their umbrella-bodies to conduct and undertake human rights-compliance self-assessments.
Strengthen the capacity of the human resource function in business operations in observing workers’ rights.
Strengthen the capacity of Occupational Safety and Health managers and committees in businesses on human rights compliance.
Develop IEC (“information, education, and communication”) materials and disseminate information on human rights for business operators.
Creation of fora and platforms for human rights discussions among business operators and other actors.
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
(…)
ii. Develop and enforce guidelines and policies regarding land acquisition, compensation and resettlement of communities affected by business operations, prioritizing the needs of the most vulnerable, such as women, persons with disabilities and persons living with HIV/AIDS.
OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations.
(…)
4.4.2 Engagement of business operators on human rights
(…)
ii. Mobilize and build capacity of selected business operators as human rights in business change agents.
4.4.3 Capacity building to State and Non-State actors on human rights based approach to programming at all levels
(…)
iii. Build capacity of business leaders and owners on the human rights based approach in business operations.
iv. Build capacity of human rights defenders to monitor, document and report on human rights abuses and violations in business operations.
CHAPTER FIVE: INSTITUTIONAL FRAMEWORK
5.1 Ministry Of Gender, Labour and Social Development
(…)
iii. Ensure the development and use of guidelines on human rights in business operations.
5.7 Uganda Investment Authority
(…)
iii. Disseminate human guidelines on business and human rights to investors.
5.9 Local Governments
(…)
iv. Disseminate guidelines and other related information, communication and education materials on business and human rights.
The strategic implementation framework in the 1.0 Appendices includes:
Capacity building for business operators on human rights observance. (Strategic Actions under Objective 2.0)
Capacity building for business operators on human rights observance. (Strategic Actions under Objective 3.0)
Capacity building to State and Non-State actors on human rights based approach to programming at all levels (Strategic Actions under Objective 4.0)
Budgeted outputs in Annex I include:
Strengthen the technical capacity of business operations on human rights (Objective 2.0)
Strengthening implementation of social safety and health guidelines (Objective 2.0)
Develop an e-portal on business and human rights (Objective 3.0)
Develop and roll out multi-media digital access to information/ channels on business and human rights (Objective 3.0)
Build capacity of business leaders and owners on the human rights based approach in business operations. (Objective 4.0)
The UK 2016 NAP’s Introduction provides that [page 2 & 4]:
“This update allows us to:
-reflect the developments which have taken place at the international level since the UK’s National Action Plan was first published, including guidance on implementation and the experience of other countries;
As part of our commitment to updating the National Action Plan the Government held a series of public consultation events, looking at the plan as a whole, the approach to implementation, and examining in more detail some of the elements contained in the three pillars of the UNGPs. The consultations produced some clear messages from business and civil society regarding the Government’s responsibilities and actions in this regard. These included suggestions that the Government should:
support, and signpost, sector-specific guidance, whilst recognising that Government is often not best-placed to be the primary source of such guidance;”
The UK 2016 NAP in The existing UK legal and policy framework states that [page 6]:
“The UNGPs set out the general regulatory and policy measures a state may take in order to fulfil their duty to protect against human rights violations by third parties, including business enterprises. They recommend that states should:
Provide guidance to business enterprises”
The UK 2016 NAP in Actions taken states [page 9]
“To give effect to the UN Guiding Principles, the Government has:
(v) in 2015, the ISO 28007 maritime standard and ISO 18788 land standard for Private Security Companies were published. The UK Accreditation Service (UKAS) conducted a pilot certification process and has issued guidance for certifying bodies for ISO28007, including on human rights. UKAS will also issue guidance on ISO18788.
(vi) supported the UN Working Group on the issue of human rights and transnational corporations and other business enterprises in their role to promote uptake of the UNGPs and develop guidance and best practice.
The UK 2016 NAP makes an explicit reference to guidance to business in the section devoted to Government Expectations of Business [page 14]:
“The Government has supported important industry led initiatives that have gained ground over the last two years, including on reporting, benchmarking performance and practical sector guidance”.
The UK 2016 NAP in the section on Actions taken to support business implementation of the UNGPs notes that [page 15]:
“To help businesses to fulfil their responsibility to respect human rights the Government has:
(iii) partnered with the Cyber Growth Partnership industry guidance on assessing human rights risks relating to cyber security exports, with techUK and input from civil society.
(v) supported the UNGPs Reporting Framework, the world’s first comprehensive guidance for companies to report on how they respect human rights. http://www.ungpreporting.org/
(vii) continued to update and promote the joint FCO-UKTI Overseas Business Risk (OBR) service, which provides information about business environments in the countries where UK Trade and Investment (UKTI) has a presence, to ensure it includes specific country human rights information and links to the UNGPs and other relevant tools and guidance.
The UK 2016 NAP in the section on Government Commitments mentions guidance to business while discussing how the government will continue to encourage UK companies to respect human rights in their work [page 16]:
“We will: provide support to Board Directors on human rights reporting and practical guidance for companies in the care and security sectors in the UK, through Equality and Human Rights Commission funded projects. (…)”
The UK 2016 NAP, states in the section UNGPs Reporting Framework + Unilever Human Rights Report, that [page 17]:
“The FCO’s Human Rights and Democracy Fund supported Shift to develop the UN Guiding Principles Reporting Framework. This is the first comprehensive guidance for companies to report on human rights issues in line with their responsibility to respect human rights. In today’s ever more transparent world, companies are under increasing pressure to show that they respect human rights throughout their operations and value chains. There is increasing demand for greater formal reporting by companies on their human rights performance, including from regulations such as the EU non-financial reporting directive and the UK’s Companies Act and Modern Slavery Act reporting requirements. The UNGPs Reporting Framework provides companies clear and straightforward guidance on how to answer these questions with relevant and meaningful information about their human rights policies, processes and performance. We are pleased to see UK companies at the forefront of best practice in reporting on human rights. Unilever became the first adopter of the Framework when they published their groundbreaking human rights report in July 2015”.
The UK 2016 NAP refers to guidance to business in Care and Security Sectors [page 17]:
“The Commission is working with the Institute of Human Rights and Business to publish guidance in early 2016 for UK businesses in the care and private security sectors. The guidance will include an assessment of the main human rights impacts in each sector and practical guidance for managers in areas such as human resources, operational delivery and procurement.”
The UK 2016 NAP further addresses guidance to business with regards to Cyber Export [page 18]:
“Normally, exports that could cause harm, such as arms, are covered by the export licensing regime. However, many cyber capabilities, products and services are not listed. This problem was recognized by the Cyber Growth Partnership a joint body representing industry, academia and government. The FCO worked with techUK, a technology trade association, and the Institute for Human Rights and Business to produce practical guidance for companies on managing human rights risks.”
The UK 2016 NAP, in the section devoted to Government Commitments, a case studies highlights the EHRC-project on grievance mechanisms [page 22]:
“The Commission is working with Ergon Associates to publish guidance early in 2016 for UK companies to ensure their grievance procedures are aligned with their human rights impacts. It will provide guidance on how to satisfy the criteria for effective grievance mechanisms in the UN Guiding Principles and illustrate these with relevant case studies. It will help companies to think about their human rights impacts and how they manage complaints in relation to their workforce (including supply chain), their customers and for the communities they operate in. It is being developed in consultation with business, government and civil society stakeholders.”
Section II: Priority Areas of the National Action Plan on Responsible Business Conduct …
Priority Area (4) Providing Resources to Businesses: “[…] To provide clear guidance to businesses so they may develop informed policies and practices, the USG will establish the RBC and Labor Rights InfoHub, an online repository to communicate an all-of-government point of view, approach, and suite of resources to advance labor rights outcomes in business operations and value chains. […] Under the NAP, new guidance beyond labor rights will be developed such as due diligence guidance for investors considering investments in technologies that could enable or exacerbate human rights abuses and business advisories for companies, investors, and other stakeholders who do business in or engage in transactions involving specific countries, regions, or sectors with heightened human rights risk. This week, we released U.S. Guidance for Online Platforms on Protecting Human Rights Defenders Online and will soon release guidance on Tribal Consultation and Engagement With Indigenous and Affected Communities.” (p.13-14)
Section III: Additional National Action Plan Commitments …
Table 1: Expanding Engagement and Coordination on Responsible Business Conduct Commitments
The Department of State will “leverage its Chairship (Chair through May 2025) of the Voluntary Principles on Security and Human Rights Initiative (VPI) to make meaningful governance reforms and expand membership of the Initiative to include other land-intensive industries. The VPI is a multistakeholder initiative that provides guidance to companies on providing security for their operations in a manner that respects human rights.”
“Through the Public-Private Alliance for Responsible Minerals Trade (PPA), the U.S. Agency for International Development (USAID) will promote increased alignment of industry operations and governance mechanisms to the OECD Guidance and local governance expectations; amplify insights from high-quality independent data that identify key barriers to impactful due diligence; and test and analyze solutions to these challenges. The PPA is a global partnership between civil society, the USG, and the private sector to leverage members’ knowledge, networks, and experience to inform global responsible minerals sourcing.”
(p.17)
Table 2: Procurement Commitments
“The U.S. Department of Homeland Security, CBP will draft guidance to direct the proactive consideration on a case-by-case basis, suspension and debarment whenever CBP issues a penalty under the customs laws for repeated violations of 19 U.S.C. § 1307 or other laws CBP enforces to combat forced labor. The guidance will also encourage consideration of suspension and debarment on a case-by-case basis when CBP issues withhold release orders (WROs) or Findings against entities or individuals. Suspension and debarment actions prevent agencies from contracting or engaging in other covered transactions directly with an entity or individual who is not presently responsible to do business with the federal government. Suspension and debarment also prevents contractors already in the federal marketplace from subcontracting with excluded entities.” (p.19)
Table 4: Technology Commitments
The Department of State will, in consultation with relevant interagency partners, “lead development of guidance to encourage investors to conduct HRDD when considering investments in technologies that could enable or exacerbate human rights abuses. State, in consultation with civil society, including labor organizations, and private equity and venture capital investors, will develop guidance to discuss downstream risk factors associated with the misuse of technology, potential safeguards throughout the product lifecycle, how investors can influence business decisions in companies whose technologies have been proven to enable human rights abuses if used improperly, and best practices in conducting HRDD.” (p.27)
The Department of State is “releasing U.S. Guidance for Online Platforms on Protecting HRDs. The USG, building upon joint guidance released with the European Union through the U.S.-EU Trade and Technology Council, is publishing detailed guidance for online platforms on how companies can effectively collaborate and coordinate with civil society and other relevant stakeholders to identify, address, mitigate, prevent, and enable access to remedies for online threats and attacks against HRDs.” (p.28-29)
Table 5: Workers’ Rights Commitments
The Bureau of International Labor Affairs will “launch an online RBC and Labor Rights Information Hub to communicate a clear point of view, expectations for RBC, and a whole-of government approach to labor rights throughout business operations and supply chains of U.S. companies. The RBC InfoHub will provide a central repository of USG agency guidance, tools, and resources to facilitate and incentivize adoption of effective corporate accountability models and practices relevant to labor rights outcomes in business supply chains as well as with U.S. government procurement and accountability officers to facilitate efforts to conduct due diligence.” (p.32)
1. Raising awareness and building capacity for relevant agencies, organizations, businesses and people about policies and law on RBP
a. Training to raise awareness and strengthen capacity for relevant agencies and organizations, businesses and people about policies and law on RBP; capacity building for people with the authority to sanction administrative violations and investigators; improving the legal consultancy capacity for lawyers in activities related to RBP
– Lead agency: Ministry of Justice
– Coordinating agencies: Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Public Security and other relevant ministries, ministerial-level agencies and government-attached agencies, People’s Committees of provinces and centrally-run cities, Viet Nam Women Union, Viet Nam Chamber of Commerce and Industry, Viet Nam Association of Small and Medium Enterprises, Viet Nam Cooperative Alliance, Viet Nam Bar Federation, Viet Nam Legal Practictioner Association, Viet Nam General Confederation of Labor, Viet Nam Consumer Protection Association, and industry associations.
– Outputs: Training materials, manual guidelines, training reports, trainings for awareness raising and capacity building; improved awareness and capacity on policies and law on RBP of agencies, organizations, enterprises, civil servants and people (including capacity of people with the authority to sanction administrative violations, investigators and lawyers) (through survey results);
– Deadline: 2027.
II. TASKS AND ACTIONS
3. Improving the efficiency of law and policy implementation
e) Some other related tasks and actions
– Guiding enterprises to conduct RPB; encouraging the development of internal self-remedial and preventive regulations (including procedures and principles for dealing with complaints; and regulations and rules on internal governance, business conducts and ethics in the form of Codes of Conduct to promote RBP)
+ Lead agencies: Viet Nam Chamber of Commerce and Industry, Vietnam Association of Small and Medium Enterprises, industry-specific business associations (according to relevant functions and tasks)
+ Coordinating agencies: Relevant agencies and organizations
+ Outputs: Codes of Conduct, Codes of Ethics; Tools and guidelines on RBP
+ Outputs: Report on the results of legal support for enterprises on RBP
+ Deadline: 2027
– Organizing dialogues with relevant government agencies, business associations and social and socio-political organizations to promote RBP
+ Lead agency: Ministry of Justice
+ Coordinating agencies: Ministry of Planning and Investment, Ministry of Labor – Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade and other ministries, ministerial-level agencies, relevant agencies
+ Outputs: Report on organizing dialogues on RBP; proposals and recommendations; + Deadline: 2027
