Policy coherence

According to the Belgian NAP’s introduction, comments from the Advisory Council on Policy Coherence for Development were included during the drafting process.

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

La Belgique s’engage à intégrer des critères « droits de l’Homme » et de Responsabilité sociétale des entreprises (RSE) dans la stratégie d’appui au développement du secteur privé local de la coopération belge

This point explains that a strategy, “Belgian development cooperation and the local private sector: supporting human and sustainable development”, was formulated in April 2014. This strategy, which applies to the actions of businesses undertaken in the 14 priority countries of governmental cooperation, but also in the 52 countries of intervention of non-governmental actors and the Belgian Investment Company for Developing Countries (BIO), also insist on the importance of coordination and synergies to be developed on policy coherence and on a rigorous follow-up of the actions supported.

Action point 26

Pay particular attention to the ratification of a series of ILO conventions to health and safety at work

Accorder une attention particulière à la ratification d’une série de conventions de l’OIT ayant trait à la santé et la sécurité au travail 

The federal government presents its plan of ratifying the ILO Convention No. 187 on occupational safety and health. The government explains that the Convention “seeks to implement concrete measures, in consultation with social partners, aiming at achieving a safe and healthy working environment, and in a coherent and concerted manner, through the development of a national policy, a national system and a national program on occupational safety and health.”

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Prologue: Business and Human Rights for Sustainable Development

I. Value of the United Nations Guiding Principles on Business and Human Rights (page 15-16)

…It is worth mentioning that the Guiding Principles have had an important reach since their adoption; they have been included in a series of regulations and initiatives aimed at promoting a responsible corporate behaviour, including, for example, the Global Compact, OECD Guidelines for Multinational Enterprises, ILO Tripartite Statement, ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, UNICEF Children’s Rights and Business Principles, Save the Children and Global Compact, among others.12 They have also being included in new regulations such as the “Modern Slavery Act” or the law against modern slavery in the United Kingdom; Europe’s Guidelines concerning Transparency, and the newly passed French act about due diligence in human rights13, and, in practice, by many enterprises.

Responding to national and international calls, and convinced by the usefulness of these Plans as a cross-cutting tool, Chile decided to prepare its first National Action Plan on Business and Human Rights, thus highlighting its connection with other global frameworks such as the 2030 Agenda for Sustainable Development and the Climate Change Agenda, as well as with other international instruments concerning human rights.

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

Action point 1.1 (page 29)

The Ministry of Foreign Affairs will: …

• Work to build capabilities in the staff working at the Ministry of Foreign Affairs, through the development of an e-learning course on business and human rights. …
• Strengthen the diplomats’ capabilities in the field of business and human rights, with the purpose that they have the right tools to support Chilean businesses abroad – through the development of an annual Module on Business and Human Rights taught at the Diplomatic Academy. It will promote, among the Chilean embassies posted abroad, tools allowing to guide Chilean businesses operating in those countries about risks in the fields of business and human rights.
• Develop projects of cooperation and exchange of experiences about business and human rights with Chilean embassies posted in countries showing more progress in this field, through its Programme of Activities Abroad (PAAE).
• The General Directorate of International Economic Relations (DIRECON), will carry out internal actions to promote knowledge around business and human rights with the purpose that staff working in this Directorate take these criteria into account when developing their activities.
• DIRECON will periodically report to the Trade Offices and Regional Offices of the Exports Promotion Directorate (ProChile) about business and human rights.

Action Point 1.2 (page 30)

The Under-Secretariat of Human Rights of the Ministry of Justice will:

• In the context of its mandate to design, foster and coordinate education and training actions concerning human rights for staff working for State bodies, promote the inclusion of human rights and business content in trainings and courses that come to its attention in its articulating role.
• Promote the inclusion of human rights and business content in training sessions for people joining State work through the Senior Public Management System led by the Civil Service.
• Promote the inclusion of business and human rights in training sessions for the Armed Forces and the Order and Security Forces, when relevant, according to the trainees’ profiles.
• Include human rights and business in a future Handbook about the focus on human rights of public policies.

Action Point 1.4 (page 31)

The Ministry of Energy will:

• Through the Division of Social Involvement and Dialogue, within the implementation framework of the Indigenous Chapter of the 2050 Energy Policy, perform the following
  actions:

• 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 (page 32)

The Ministry of Social Development will:

• 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, the Ministry of Social Development will:

• Train public and private business enterprises to include inclusive for disabled people in inductions and training programmes.
• Organise seminars for 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.

Action Point 1.6 (pages 32-33)

The Ministry for the Environment will:

• With the support of expert organisations, coordinate internal training at a national and international level, and at a macro-zone level in the Ministry of the Environment, the Superintendence of the Environment (SMA) and the Environmental Assessment Service (EAS) …
• Upon creation of the Biodiversity and Protected Areas Service and of the Protected Areas National Service, carry out an outreach and training process including an analysis about their relationship with business and human rights.

Action Point 1.7 (page 33)

The National Human Rights Institute will:

• Train staff working in regions about business, human rights and sustainable development, in line with the 2030 Agenda. …
• Introduce the Guiding Principles on Business and Human Rights in the recommendations they submit to the State about cases documented by this institution. These recommendations, and those coming from the international human rights system will be considered in training sessions given to public officers about business and human rights.

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

Action Point 3.2 (pages 36-37)

The Ministry of Social Development will: …

• Promote, through the National Disability Service, the labour insertion of people with disabilities by taking the following specific steps: …

• An initiative to strengthen the work of Municipal Offices for Labour Intermediation (OMIL) will be carried out to attend people with disabilities – through a Local Development Strategy.

Strand 4: Transparency and Participation

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.

Action Point 4.4 (pages 40- 41)

The Ministry for the Environment: …

• Commits itself to strengthen the effective enforcement of Principle 10 of the 1992 Rio Declaration about participation, access to information and awareness concerning environmental issues, within the context of the preparation of the Regional Instrument on Access Rights to Environmental Issues. …
• Will promote the availability of spaces for dialogue and participation regarding climate change actions, including the organisation of workshops and public consultation meetings for the preparation of sector adaptation plans. This will be included within the framework of the 2017-2022 National Action Plan for Climate Change -under preparation- which includes the concept of equity as a guiding principle, and gives special consideration to subject such as gender equality, human rights and indigenous peoples.
• Will seek to incorporate the gender focus in the next climate change adaptation plans, with the purpose of including the participation of women in the preparation and implementation of actions about this subject.

Action Point 4.5 (page 41)

The Superintendence for the Environment will promote that the issue of business and human rights is addressed in the Civil Society Council throughout 2017.

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: …

• Carry out initiatives to strengthen the information tool of the public purchase system. This will be made possible by adhering to SEGPRES Open Government Plan, under the commitment to create a set of Guidelines and a Policy of open date promoting and developing the use of open data in public purchase procedures to strengthen transparency of the Chilean System of Public Purchases and foster probity and efficiency in this area.

Strand 6: Strengthening Coherence between Public Policies

Action Point 6.1 (pages 44-45)

Among the efforts being made to implement the 2030 Agenda, the Ministry of Social Development will stress the importance of Human Rights and their relationship with the business industry. For this, the Ministry will:

• Disseminate the 2030 Agenda for Sustainable Development in, at least, two instances of participation and dialogue focused specifically on addressing the subject of rights in the social environment. Business enterprises, academic centres, the civil society, the State and autonomous bodies would participate in these activities.
• Carry out, for the dissemination of the 2030 Agenda, participation and reflection actions with business enterprises.
• Organise, during the diagnostic stage of the actions related with the 2030 Agenda, a first analysis workshop aimed at discussing proposals linked with the contribution of the private sector to achieve the SDGs, with the participation of private businesses, academic centres, the civil society, the State and autonomous bodies.

Action Point 6.3 (pages 45-46)

The Ministry of Foreign Affairs will:

• Generate an opportunity to discuss, at a national level, about the integration of the Agenda of the Paris Agreement on Climate Change, the United Nations Guiding Principles on Business and Human Rights, and the 2030 Agenda on Sustainable Development, as well as about the challenges of these Agendas about the contribution of business enterprises. Regarding this national commitment, the Ministry is committed to generate cross references about human rights and climate change in the reports prepared about these subjects submitted to international organisations.
• Through the General Directorate of International Economic Relations, it will: …
  • Disseminate the importance of respecting human rights in global value chains (GVCs), encouraging the introduction of this matter in discussions held and work carried out by the GVC Intergovernmental Group, as well as in presentations to the business community and other agents.

Action Point 6.4 (page 46)

The Ministry of Economy will:

• Incorporate the Action Plan in the working agenda of the Economic Board integrated by the National Council for the Implementation of the 2030 Agenda on Sustainable Development, by following up the indicators proposed in the Action Plan that relate with the design and execution of the said Agenda.
• Prepare an annual report informing about the relationship between cooperatives and SDGs. This report will include a special chapter about human rights.

Strand 7: Strengthening of Coherence in International Policy

Action Point 7.1 (page 47)

The Ministry of the Environment is currently involved in negotiations of the Regional Instrument about Principle 10 of the Rio Declaration about access to information, participation and justice in environmental matters, where it will take into consideration the business and human rights framework as relevant.

Action Point 7.2 (page 47-48)

The Ministry of Foreign Affairs will:

• Through the Directorate of Human Rights:

• Submit a report with recommendations to the National Council for Sustainable Development about the link between the Guiding Principles and the 2030 Agenda for Sustainable Development.
• Create and coordinate a working group aimed at generating material for the annual meetings held by the Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights. The working group will meet periodically with the purpose of generating proposals within the framework of this process, which will partially consist in carrying consultations with the civil society to gather material and draft a proposal concerning this matter.
• Continue promoting the treatment and development of business and human rights in different regional and global fora such as, inter alia, the Pacific Alliance, the Organisation of American States (OAS), CELAC, UNASUR and Mercosur.

Action Point 7.3 (page 48)

The Unit for International Affairs of the Ministry of Labour will: …

• Promote the Guiding Principles, which build on ILO Conventions on Human and Labour Rights, in different multilateral cooperation scenarios it takes part in.

Strand 9: State Business Enterprises

Action Point 9.3 (page 50)

To strengthen coordination between the Ministries forming part of the Inter-Ministerial Working Group, amplify the impact of this Action Plan, and make known its progress, the Group will carry out the following actions:

1. Formalise the Inter-Ministerial Working Group and the focal points of the various Ministries composing it, with the purpose of continuing holding periodic meetings and follow up regarding the implementation of this Plan (see Section V, Implementation and Monitoring).
2. Encourage the adoption of policies, statements or codes of conduct by business enterprises and urge the implementation of mechanisms of due diligence.
3. Announce progress made in the implementation of the NAP through a banner published on the websites of each relevant Ministry.

Pillar 2: The Corporate Responsibility to Respect Human Rights

Strand 1: Contextual Issues: Preparation of Documents allowing Business Enterprises to Understand the Local Context and the Risks of Potential Negative Impacts on Human Rights

Action Point 1.4 (page 53): The Ministry of the Environment will prepare a study about the links between the Law creating the Actual Right of Conservation (DRC) and the Guiding Principles.

Implementation, Monitoring and Follow-Up (page 67-68)

This National Action Plan will last three years, i.e. it will be in place between 2017 and 2019.

The Plan is a first step in a continuous and progressive process. Therefore, this policy is considered a living document whose initiatives will be continuously evaluated and monitored, with the relevant adaptations if necessary. There are elements, actions and initiatives requiring some precisions and adjustments along the development process, for which reason different revision and feedback actions have been taken into consideration allowing to improve and adapt measures that require so.

To ensure an effective implementation and monitoring of the Action Plan, a supplementary document containing indicators has been prepared detailing the institution responsible for enforcing compliance of each measure, indicators, as well as regarding the time defined for that purpose. The responsible institution shall report to the Inter-Ministerial Working Group about the implementation stage of their measures to facilitate the monitoring and follow up process of the Plan.

These indicators will smooth the follow up process of the Plan at a national level, allowing the Chilean State to report before regional and international follow up and evaluation fora about its progress in matters of human rights and sustainable development.

Apart from the supplementary information about indicators, the following actions will be performed to follow up, monitor and give continuity to the Action Plan.

1. At a national level, the Inter-Ministerial Working Group will be formalised by enacting the relevant Decree. This will have the objective to implement, monitor and follow up the Plan’s optimal implementation. This Working Group will have an Executive Secretariat responsible for coordinating the preparation of the annual report and for its relationship with the Multi- Actor Committee.
2. The Inter-Ministerial Working Group will prepare an annual report, starting in late-2017, about compliance of measures according to the indicators set out. Before preparing the report, a previous meeting will be held to evaluate the progress and challenges arisen in the implementation of the Plan.
3. This document will be published in the Action Plan’s webpage; it will also be sent to the authorities and institutions that have contributed in the execution thereof, as well as to representatives of the Judicial and Legislative Powers, with the purpose of reporting about the progress of the Action Plan.
4. A Multi-Actor Committee will be created with the participation of representatives from the civil society, unions, the business community, indigenous peoples, academia, and the National Human Rights Institute, with the purpose of evaluating the progress contained in the report produced by the Inter-Ministerial Group, and providing feedback and/or recommendations about the effective implementation of the Plan.
5. Progress achieved by the Action Plan will be also incorporated in reports about the 2030 Agenda in Chile, both regarding the global and regional mechanisms.
6. The Economic Working Group for implementing the 2030 Agenda will incorporate progress made by the Action Plan to the progress achieved in the SDGs 17 in compliance reports.
7. The Ministry of Foreign Affairs will report to the different international mechanisms of human rights about the progress achieved by the Plan -pursuant to the timeline set out by them.
8. One year before the term is over, the Inter-Ministerial Working Group will define a roadmap to prepare the Second National Action Plan on Business and Human Rights, which will be submitted to the Multi-Actor Committee with the purpose to propose new courses of action and start the second process.

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II. CHALLENGES

The NAP will face important challenges during the two years expected for its implementation. One of them is to ensure the vertical coherence of public policies. This means achieving an articulation of the various public policy instruments at the different levels of government, promoting the inclusion of recommendations regarding business and human rights.

 

IV. POLICY DEFINITION

The National Action Plan for Business and Human Rights “Together We Make It Possible” is a public policy instrument to be implemented in two years, formulated to ensure that: (i) the State protects human rights in the context of business activity, (ii) these are respected by companies and, (iii) effective mechanisms are in place to redress human rights violations.

In this sense, from the State’s perspective, it is essential to guarantee due coherence and coordination of national and territorial public policies, and to establish the commitment of State entities at the different levels of government. In this sense, efforts will be made to ensure that national and territorial entities undertake actions aimed at formulating sectoral and territorial human rights policies and thus guarantee the inclusion of a human rights-based approach in the business activities in which they are involved, as well as in the companies with which they have relationships in the value chain.

Through this Plan, the national Government urges all companies, regardless of their size, sector, location, ownership and structure, to comply with the highest international standards in the respect of human rights, such as the United Nations Guiding Principles on Business and Human Rights, the OECD Guidelines, the ILO Tripartite Declaration and the 2030 Agenda for Sustainable Development, consistent with Colombian constitutional mandates, the ILO Tripartite Declaration and the 2030 Agenda for Sustainable Development in coherence with Colombian constitutional mandates, in order to avoid and address the negative consequences in which they may be implicated, including those present in supply/value chains, while making a positive contribution to economic, environmental and social progress.

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The Czech NAP makes no explicit reference to policy coherence. However policy coherence is implied at a number of stages, for example:

Existing plans, initiatives and strategies [page 8-9]

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

• SME Support Concept 2014-2020
• National Action Plan for Corporate Social Responsibility in the Czech Republic
• Strategic Framework for Sustainable Development of the Czech Republic
• Anti-corruption Action Plan
• National Strategy to Combat Human Trafficking in the Czech Republic 2016-2019
• Social Inclusion Strategy 2014-2020
• Government Strategy for Gender Equality in the Czech Republic 2014-2020
• Foreign Policy Concept of the Czech Republic
• Strategy for the International Competitiveness of the Czech Republic 2012-2020

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

Integration of authorisation proceedings [page 53]

“Tasks:

• Actively cooperate with other authorities on the integration of authorisation proceedings coordinated by various different ministries.
  Coordinators: Ministry of Regional Development, Ministry of the Environment, Ministry of Industry and Trade, Ministry of Transport, Ministry of Agriculture
  Deadline: Running”

Conclusion [page 54]

“Tasks:

• Run checks on the implementation of the Action Plan and assess developments in the field of human rights in business.
  Coordinator: Ministry for Human Rights
  Deadline: Running
• Draw up an interim report on the implementation of this Action Plan.
  Coordinator: Ministry for Human Rights
  Deadline: 31 December 2020
• Draw up a final report on the implementation of this Action Plan.
  Coordinator: Ministry for Human Rights
  Deadline: 31 December 2022″

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2. The state duty to protect human rights

2.3 Actions Taken

Ensuring policy coherence across governmental departments and agencies [page 11]

“Ensuring policy coherence across governmental departments and agencies: The Government’s CSR efforts are coordinated by an inter-ministerial working group with representatives from departments and agencies who work with CSR and human rights related areas. These include Ministry of Business and Growth, Ministry of Foreign Affairs, Ministry of Employment, Ministry of Environment, Ministry of Finance, Ministry for Food, Agriculture and Fisheries, Ministry for Climate, Energy and Building and the Investment Fund for Developing Countries (IFU) (GP 8).”

Appendix 1, GP 8

State Duty to Protect [page 31]

“Ensuring policy coherence

States should ensure that governmental departments, agencies and other State-based institutions that shape business practices are aware of and observe the State’s human rights obligations when fulfilling their respective mandates, including by providing them with relevant information, training and support.”

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Policy coherence is not explicitly addressed in the NAP, but is addressed at certain points.

Government covering note on the UN Guiding Principles on Business and Human Rights National Action Plan

“In order to ensure a balanced result, all further actions will be prepared in extensive co-operation with various stakeholders. This is supported by the working group proposal to assign responsibility for monitoring the implementation to the Committee on Corporate Social Responsibility. In addition, the ministries will monitor the progress of proposals in their respective areas of responsibility.”

1 The state obligation to protect human rights

1.2 Activities in international organizations [page 14-15]

“Generally, Finland supports the mutual dialogue between international organisations and their cooperation on human rights issues to increase coherence. …

As a follow-up measure, the working group proposes that

Finland supports the cooperation and discussion with the WTO and other essential international organisations such as ILO or WIPO (World Intellectual Property Organisation), carried out within the framework of the WTO Coherence Mandate.”

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I- The State’s Obligation to Protect Human Rights

8. Trade and Investment Agreements [page 19]

In its 2013 opinion, the CNCDH underlined that “the need for coherence should guide France’s foreign policy” and recommended that, in accordance with Guiding Principle no.10, “the Government support and promote the aforementioned instruments within multilateral institutions dealing with economic, commercial and financial issues, including those that are binding, that are designed to ensure that businesses respect human rights.” …

… France discussed CSR issues in a report on its international trade strategy and European trade policy (December 2015), clearly indicating that CSR is a concern addressed in its trade policies. …

Actions Underway [page 21]

• France has undertaken to promote the UN Guiding Principles in its trade relations with other States and confirms its commitment to the hierarchy of norms when signing trade and investment agreements.
• France also checks that all trade and investment agreements comply with international human rights law.

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There is no mention of policy coherence in the Business and Human Rights Chapter of the Georgian Human Rights NAP.

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The German NAP contains a specific chapter on policy coherence.

V. Ensuring policy coherence [page 40-41]

“Implementing the UN Guiding Principles on Business and Human Rights will mean pooling the efforts of all stakeholders, creating incentives to improve the human rights situation throughout supply chains and in target countries for investments and preventing serious violations of human rights in the context of business operations. These efforts will complement each other, but they are no substitute for the primary obligation of states in whose territory production facilities are located to provide protection against human rights infringements and to eliminate any adverse impacts that may have arisen from such activities (the state duty to protect, respect and remedy). None of the elements of this Action Plan may be interpreted as implying that jurisdiction lies with the judicature of another state or is to be shared by the domestic and a foreign judicature. Efforts to empower states to discharge of their duties must be continued through support for structures designed to guarantee the general rule of law.

To ensure that Federal Government policy in the realm of business and human rights bears fruit, the competent institutions will systematically focus their respective policies on that goal. To this end, the measures taken by the Federal Government will be subject to prior interdepartmental coordination.

Care must also be taken to ensure that federal ministries and authorities, but also the state and local authorities, are empowered to act in ways that are consistent with Germany’s human rights obligations and with this Action Plan. The Federal Government will continue to press in global as well as other forums for a common understanding of due diligence. In the 2030 Agenda for Sustainable Development, all states pledged themselves to promote, among other things, sustained, inclusive and sustainable growth and decent work. The Federal Government regards itself as a trailblazer in the implementation of the agenda and is pressing nationally and internationally for a robust monitoring system.”

Measures

• “An interministerial committee will be established (see chapter VI below) to verify the coherence and implementation of the adopted measures. The Federal Government’s National CSR Forum will accompany the activities of the government ministries for the implementation of the NAP and make appropriate recommendations for action to the Federal Government.
• The Federal Government will create corresponding training opportunities for the relevant staff in the supreme federal authorities, including the German diplomatic and consular missions, on the subject of business and human rights.”

VI. Monitoring [page 41]

“The National Action Plan marks the starting point of a process that will be continuously updated and developed. The process will be shaped by the implementation of the measures for which this Plan provides as well as by a comprehensive procedure for monitoring the implementation of these measures by all players.

To this end, the Federal Government is planning, subject to budgetary approval, the immediate execution of the following steps: …

“The interministerial committee will verify the implementation and coherence of the adopted measures and drive forward the development of the NAP implementation process. The main areas of activity to come under its scrutiny will be the measures relating to the state duty to protect (public procurement, promotion of external trade, etc.) and the fleshing-out of due diligence obligations (chapter III above), including the planned definition of sectoral specifications and the corresponding support services.”

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Section 3: Actions

II. Key commitments to ensure policy coherence across government [page 16-17]

“As demonstrated in the previous section, there is already a considerable and continuous effort across government to promote human rights and to encourage or enforce positive action from the private sector. The following commitments form a central part of formalising and consolidating these efforts.

Commitment	Time Frame	Responsible Government Department
Commission a study to conduct a comprehensive baseline assessment of the legislative and regulatory framework pertaining to business and human rights as it applies in Ireland	To be completed within six months of publication of the National Plan	Foreign Affairs and Trade
Establish a ‘Business and Human Rights Implementation Group’, which will consist of representatives from Government, the business community and civil society, and will meet twice a year to review the implementation of the National Plan over the first three years	Membership to be announced within three months of publication of the National Plan	Foreign Affairs and Trade
Convene a forum on Business and Human Rights within two years of the adoption of the National Plan. This will bring together stakeholders including Government, the business community and civil society and will facilitate the exchange of views on progress in delivering on the National Plan	Within two years of publication of the National Plan	Foreign Affairs and Trade
Amend the terms of reference of the Inter-Departmental Committee on Human Rights to include the monitoring of the National Plan	Concurrent with the publication of the National Plan	Foreign Affairs and Trade
Include Business and Human Rights as a regular item on the agenda of the DFAT Ngo standing Committee on Human Rights	Concurrent with the publication of the National Plan	Foreign Affairs and Trade
Ensure coherence between the National Plan on Corporate Social Responsibility and the National Plan on Business and Human Rights, including by promoting cooperation between the Business and Human Rights implementation Working Group and the Corporate Social Responsibility Stakeholder Forum	The CSR Plan was launched on 26 June 2017	Foreign Affairs and Trade, Enterprise and Innovation
Ensure coherence between the implementation of the National Plan on Business and Human Rights and Ireland’s National Action Plan on Women, Peace and security	Current Action Plan runs until 2018	Foreign Affairs and Trade
Ensure coherence between Ireland’s new trading strategy: ‘Ireland Connected: trading and investing in a Dynamic World’, and the National Plan on Business and Human Rights	Concurrent with the publication of the National Plan	The Departments of Foreign Affairs and Trade, Enterprise and Innovation, Education and Skills, Transport, Tourism and Sport, Community and Rural affairs, Arts, & Heritage & the Gaeltacht, Agriculture, Fisheries and Marine

Annex 1 – List of additional and ongoing actions to be carried out across Government

EU and Multilateral Efforts [page 20]

“9. share information about challenges and good practices on business and human rights with partners in the EU and the UN, including promoting coherence in the implementation of the EU’s Action Plan on Human Rights and Democracy (2015-2019) and the EU’s Gender Action Plan (2016-2020).”

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IV. Italian ongoing activities and future commitments

Smuggling of migrants and trafficking in human beings

“The National Plan of Action against Trafficking and Serious Exploitation of Human Beings 2016-2018, implementing Directive (EU) 2011/36, is aimed at defining measures and intervention strategies for preventing and combating the phenomenon, as well as actions aimed at raising awareness, social prevention, emersion and social integration of victims. The Plan was articulated according to the following five key priorities:

(d) improve policy coordination and coherence among key stakeholders” (p. 24)

International Development Cooperation

“The Italian Agency for Development Cooperation, under the direction and supervision of the Ministry of Foreign Affairs of International Cooperation, has the task of implementing cooperation policies. The coherence of national policies is ensured through the Inter-ministerial Committee on Development Cooperation (CICS), chaired by the President of the Council of Ministers and composed of representatives of the main Ministries. Law No. 125/14 also provided for the establishment of a National Council for Development Cooperation, whose members include the main public and private actors, civil society organizations and other nonprofit and for-profit entities operating in the field of international development cooperation.” (p. 25)

Sustainable development (…)

“Two key initiatives are planned to be concluded in 2021: the triennial review process of the SNSvS and the compilation of the National Action Plan on Policy Coherence for Sustainable Development (PCSD). Both these initiatives entail large participation of civil society, scientific institutions and local actors.” (p. 36)

The principle of Diversity management in the business context

“With reference to the adoption of National Plans and Strategies, in coherence with the European indications, UNAR started consultation processes involving administrations at central, regional and local level and third sector representatives for the elaboration of the following documents:

– the National LGBTI Strategy;

– the National Plan against Racism, Xenophobia and Intolerance;

– the National Strategy for the Inclusion of Roma, Sinti and Caminanti.” (p. 41)

V. Updating, monitoring and dissemination of the plan

“Today the implementation of the UNGPs requires an enhanced commitment compared to the previous decade. It demands to operate in line with guidelines, results achieved and examined, and criticalities and challenges posed to States and companies in the framework set up by the UN BHR Working Group. This engagement is aimed to achieve an even more impacting action until 2030, involving all actors concerned and ensuring coherence between legislative and administrative measures, policies and programmatic and operational tools for the promotion of human rights.” (p. 59)

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Chapter 1. Towards the Formulation of the National Action Plan (NAP) (Background and Working Process)

1. Introduction: Increasing International Attention to Business and Human Rights and the Need for NAPs

(…)

• Nevertheless, further efforts are required, considering the current increasing social demands regarding business and human rights. Against this background, the Government launched Japan’s National Action Plan (NAP) on Business and Human Rights. By arranging various legislative measures and policies contributing to the protection of human rights that were implemented individually by the relevant ministries and agencies, from the perspective of the business and human rights principles, the Government endeavors to contribute to the promotion of shared recognition and understanding among the relevant ministries and agencies, to enhance cooperation among the relevant ministries and agencies, and to ensure interministerial policy coherence. Through the wide publication of the NAP, the Government aims to enhance business enterprises’ understanding and awareness of business and human rights and to promote more efforts and cooperation by and among business enterprises. Through these measures, the Government expects to promote responsible business activities; contribute to the protection and promotion of human rights for society as a whole, including international society; enhance trust in and the reputation of Japanese business enterprises; and contribute to ensuring and enhancing the international competitiveness and sustainability of Japanese business enterprises.

 

3. Objectives to be Achieved through the Launch and Implementation of the NAP

As stated in Section 1 “Introduction: Increasing International Attention to Business and Human Rights and the Need for NAPs,” the Government endeavors to promote shared recognition and understanding among the relevant ministries and agencies, to ensure inter-ministerial policy coherence, and to enhance cooperation. Through the wide publication of the NAP, the Government aims to enhance business enterprises’ understanding and awareness of business and human rights, and to promote more efforts and cooperation by and among business enterprises. Through these measures, the Government aims to promote responsible business activities; contribute to the protection and promotion of human rights for society as a whole, including international society; and enhance trust in and the reputation of Japanese business enterprises while contributing to ensuring and enhancing their international competitiveness and sustainability. Further details are provided below.

(…)

（2）To ensure policy coherence in relation to business and human rights

With society placing increasing emphasis on business and human rights, business enterprises are required to ensure that their business activities comply with relevant laws and regulations. At the same time, the Government places emphasis on endeavoring to further improve the effectiveness of policies by ensuring coherence of relevant policies and enhancing inter-ministerial cooperation. In relation to this, the NAP aims to clarify relevant laws, regulations, policies, and future measures planned to promote inter-ministerial cooperation.

 

Chapter 2. Action Plan

1. Fundamental Principles of the NAP

(2) In promoting understanding and awareness of business and human rights among government ministries and agencies, government-related entities, and local public entities, it is important to ensure coherence of legislation and policies and to enhance inter-ministerial cooperation.

 

2. Areas of the NAP

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

C. Promotion and Expansion of the Business and Human Rights Agenda in the International Community

(Existing framework/Measures taken）

Considering the Government fundamentally values the protection and promotion of fundamental human rights that are universal values, the Government has engaged in the implementation of international human rights treaties at national level. The Government has actively participated in activities and discussions at the HRC and international human rights treaty bodies, contributed to the protection and promotion of human rights in the international community such as the UN human rights mechanisms, and moreover, engaged in human rights dialogue with several countries. In the areas directly related to business activities, the Government has incorporated clauses concerning social issues, including labour and the environment in some of the EPAs and investment treaties that Japan has signed or ratified in a manner consistent with trade rules such as those of the World Trade Organization (WTO), and promoted shared understanding between signatories on values to be respected, such as securing appropriate labour standards and conditions and protection of the environment. For example, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP11 Agreement) includes an independent Labour Chapter and Environment Chapter as well as provisions on women’s participation, and the Japan-EU Economic Partnership Agreement (EPA) includes a Trade and Sustainable Development Chapter. On top of this, the Japan-EU EPA also stipulates that the parties shall convene joint dialogue with civil society, establishing that civil society shall play a certain role through exchange of opinions on themes such as trade and sustainable development, the environment, and labour.

 

(Future measures planned)

(a）Work towards promoting implementation of the UNGPs in the international community through discussion at UN human rights mechanisms such as the HRC [Ministry of Foreign Affairs]

(b） Boost efforts to promote business and human rights through human rights dialogue with other governments [Ministry of Foreign Affairs]

(c） Continue to contribute to discussions regarding relations between economic activities and social issues, at international forums, including international organizations such as the OECD and the World Bank [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Trade and Industry]

(d）Continue to make efforts towards concluding EPAs and investment agreements that benefit not only industry but also a wide range of people, including workers [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry]

(e）Periodically continue joint dialogue with civil society under the Japan-EU EPA (first dialogue held in January 2020) [Ministry of Foreign Affairs]

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CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.1 Introduction [Page 5] The NAP is aligned to Kenya’s Vision 2030 and the Sustainable Development Goals (SDGs) for both vertical and horizontal policy coherence and integration. It links each of the identified themes and the cross cutting issues to the corresponding SDGs. The NAP does not create any new obligations but is an overarching coherent tool to guide all actors in respecting human rights as they play their expected role in the development of the country, including attainment of the SDGs.   CHAPTER THREE: POLICY ACTIONS 3.1. Pillar 1: The State Duty to Protect [page 16-17] Under international law, States have the primary obligation to protect against human rights abuses within their jurisdiction and territory. Pillar 1 of the UNGPs clarifies that this obligation includes protecting against human rights abuses by third parties such as businesses. In this regard, states should take appropriate steps to prevent, investigate, punish and redress such abuses by having in place effective policy, legal, regulatory and adjudicative measures. States are therefore 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. Additionally, States are expected to guarantee policy coherence across different government agencies, thereby ensuring that different state institutions are aware of and observe the State’s human rights obligations. The State’s duty in this regard includes providing these institutions with the requisite information through training and support (horizontal coherence) while ensuring that the policies and regulatory frameworks are consistent with the state’s international human rights obligations (vertical coherence). This coherence should extend to the State’s investment treaties with other States or with business enterprises. This State duty is also consistent with the spirit of the SDGs including 5.1 (non-discrimination on gender grounds), 10 (reduction of inequalities), 12 (responsible production and consumption) and 16 (accountable and inclusive institutions).

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The Lithuanian NAP makes reference to policy coherence in a number of specific contexts.

Objective 1: ensuring State’s duty to protect, defend and respect human rights

B. Anticorruption measures [page 2]

1. “Effective implementation of coordinated anti-corruption policy. The aim is to ensure proactive and effective fight against corruption, thus reducing the overall scope of corruption.”

Objective 2: promoting corporate responsibility and respect in the field of business and human rights [page 5]

“According to [The Commission’s Communication on the renewed EU strategy 2011-14 for Corporate Social Responsibility], it is expected that all European enterprises should make a commitment to respect human rights as defined in the UN Guiding Principles, and that EU Member States are encouraged to develop national action plans for the implementation of the UN Guiding Principles. Paragraph 4.8.2 ‘Implementing the UN Guiding Principles on Business and Human Rights’ of the Communication on CSR strategy points out a particular need for improving coherence of EU policies on business and human rights. It also recognizes that a better implementation of the UN Guiding Principles would contribute to EU objectives regarding specific human rights.

[The Commission’s Communication on the renewed EU strategy 2011-14 for Corporate Social Responsibility] is an important initiative towards the promotion of the CSR across the EU and internationally, harmonization of existing rules and development of new rules in this field. Lithuania supports the aim to encourage as many as possible companies to act responsibly and to set out clear goals for 2015-2020. The priority in the field of CSR should be given to the awareness-raising and best practice exchange; support to various initiatives; cooperation with Member States; education; cooperation between organisations, CSR capacity development across businesses. Proper implementation of the relevant measures could strengthen the integrated approach to the promotion of CSR and contribute to the exchange of best practices and collaboration.”

A. Implemented and on-going measures for the development of CSR in Lithuania [page 6]

2. “National Programme for the Development of CSR. The Lithuanian National Programme for the Development of Corporate Social Responsibility for 2009-2013 … provides for key public policies related to the consistent, purposeful and integrated approach of the State towards the CSR …

The development of CSR-conducive legal and institutional environment has resulted in simplified structure for the coordination of the development of corporate social responsibility and the management of an effective institutional cooperation (by revoking the governmental CSR Development Commission previously required under the CSR Programme), streamlining the quantitative criteria for the assessment of the implementation of the tasks provided for in the CSR Programme, and the decision by the Minister of Social Security and Labour to set up a Committee to monitor the implementation of the National Programme for the Development of Corporate Social Responsibility (hereinafter refe1Ted to as the CSR Committee), which had to oversee the implementation of the National Programme for the Development of Corporate Social Responsibility for 2009-2013.”

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

1. The state duty to protect human rights

(…)

1.5. Strengthening the coherence of human rights policies through cross-references in the texts and on the respective websites of the different National Action Plans (NAPs) with a human rights connotation

 

Context

In implementing its international human rights commitments, and in particular when submitting implementation reports to the United Nations treaty bodies, Luxembourg is regularly called upon to formulate sectoral national action plans. Cross-referencing between the NAP “Business and Human Rights” [PAN « Entreprises et droits de l’Homme »] and the other sectoral NAPs should contribute to greater policy coherence. The publication of these different NAPs on the internet can contribute to a better understanding of the issues at stake in public opinion.

 

Objectively verifiable indicators	–        National Baseline Assessment (NBA) [Etude de base]: Identification of other NAPs –        Identification of relevant web pages on the guichet.lu website –        Identification of overlapping areas
Verification sources	×        Vulnerable peoples ×        NAP texts ×        Texts in guichet.lu (website)
Expected results	×    Cross-referencing ×    Improved policy coherence
Implementation timeline	2020
Means of implementation	×      Competent ministries ×      Inter-ministerial committee on Human Rights [Comité interministériel des droits de l’Homme], MAEE (Ministry of Foreign and European Affairs) ×      CET (Centre pour l’égalité de traitement) ×      ORK (Luxembourg’s Ombudsman) [Ombuds Comité fir d’Rechter vum Kand] ×      Specialised NGOs

 

The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.

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Pillar I

“Increased policy coherence can bolster government action. One of the findings of the NBA was that there is a lack of broader integration of human rights and the UNGPs into policy instruments. The NBA researchers also concluded that the previous NAP was primarily descriptive. With the stated aim of improved policy coherence in mind, they concluded that the new NAP should include an ambitious policy agenda with clear action points, aims and monitoring. This will enable the NAP to give direction to central government-wide policy on business and human rights.

Based on the findings of the NBA and on multi-stakeholder consultations, Pillar 1 of the new NAP will address the following issues:

• The NAP will act as a central government-wide, coherent policy agenda for business and human rights. Its aim is to optimise the use of relevant national and international policy instruments with the inclusion of a ‘business and human rights’ perspective.
• …”

p.25.

Central government procurement and private-sector instruments

“The government wants its procurement practices to set an example and contribute to the application of RBC by businesses. Government procurement totalled approximately €16 billion in 2021. The government’s new central government procurement strategy, ‘Procurement with Impact’ presented in 2019, takes sustainable, social and innovative procurement as its new point of departure. In 2021 the government presented its new National Plan for Sustainable Public Procurement (SPP) for 2021-2025 aiming to encourage compliance by contracting authorities, including central government agencies.

The government’s central procurement strategy includes the International Social Conditions (ISCs). These have applied to all EU contract award procedures since 2017 and aim to establish more sustainable international supply chains by preventing or responding to risks related to working conditions, human rights and the environment. The ISCs are one of the contractual conditions obliging contractors to apply due diligence.

Lessons can be learned from the various studies and evaluations which have taken place since the introduction of the current ISC policy framework in 2017. The government has promised to improve the application of ISC in its central procurement process partly based on these lessons. On 13 June 2022 the government published an ISC implementation plan to meet this commitment. This document describes the steps that will be taken to improve the implementation of international procurement conditions.” p. 31.

LINE OF ACTION 3: Improve policy coherence

“This includes both administrative and substantive improvements. For example, central government website content should be consistent in its message about legislation and procurement policy. Other points of focus include how ISC procurement policy relates to the approach set out in the UNGPs and to due diligence policy as set out in the OECD Guidelines. Existing documents on ISC policy such as guidelines and specifications will, where possible, be brought in line with the OECD Guidelines for Multinational Enterprises and the UNGPs. Furthermore, subnational authorities will be encouraged to apply ISCs via buyer groups in which public and private contracting authorities collaborate on a shared vision and strategy to improve the sustainability of a specific product category.” p.33.

Integrating responsibilities in conflict areas and fragile states into policy

“… The Ministry of Foreign Affairs has drawn up conflict sensitivity guidelines for private sector development47 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. …” p.44.

ACTION POINTS PILLAR 1	Aim	Responsible party	Timeline
Sustainable trade with and investment in developing countries
Strengthen collaboration between ministries by establishing an interministerial working group to conduct a permanent dialogue on sustainable trade and investments, focusing on specific high-risk value chains with a strong Dutch footprint.	Enhance learning capacity regarding policy coherence on sustainable trade and investments and on business and human rights	All ministries involved, with BZ taking the initiative.	From 2022
Research, monitor and evaluate the impact on developing/producing countries of national, European and international sets of rules and standards aimed at improving the sustainability of trade and investments, where possible under the auspices of the EU and supported by local stakeholder consultations	Enhance learning capacity regarding policy coherence on sustainable trade and investments and on business and human rights.	BZ	On introduction of new proposals and during implementation

p. 49

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he 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
“[…] In line with State Duty to Protect, there should be legislative and policy coherence to ensure that state human rights obligations are complied with and applied effectively.” (p.156)

ACTIONABLE ITEMS
A. ESTABLISHMENT OF A NATIONAL WORKING GROUP ON BUSINESS AND HUMAN RIGHTS (NWGBHR)
“The government shall establish a National Working Group on Business and Human Rights (NWGBHR) to coordinate all activities of agencies that are involved in dealing with human rights and business-related issues. Membership of the Working Group shall include the following:
i. Ministry of Justice
ii. National Human Rights Commission (NHRC)
iii. Ministry of Trade, Industry and Investment
iv. Ministry of Mines and Power
v. Ministry of Petroleum Resource
vi. Ministry of Environment
vii. Ministry of Labour and Productivity
viii. Ministry of Niger-Delta
ix. Ministry of Environment
x. Consumer Protection Council (CPC)
xi. Corporate Affairs Commission (CAC)
xii. National Environmental Standard Regulatory and Enforcement Agency (NESREA)
xiii. National Oil Spill Detection and Response Agency (NOSDRA)
xiv. Niger-Delta Development Commission (NDDC)
xv. National Agency for Drug Administration and Control (NAFDAC)
xvi. Standard Organization of Nigeria (SON)
xvii. Nigerian Investment Promotion Council (NIPC)
xviii. Nigerian Bar Association (NBA)
xix. National Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA)
xx. National Electricity Regulatory Commission (NERC)
xxi. Federal Airport Authority of Nigeria (FAAN)
xxii. Manufacturers Association of Nigeria (MAN)
xxiii. Nigeria Labour Congress (NLC)
xxiv. Non-Governmental Organization with focus on Human Rights and Business, gender, environment and development.
xxv. Any other relevant organization.

This composition will be replicated in the states. The Working Group will have the following responsibilities, among others;
iii. To determine the capacity needs of businesses and other agencies in the area of business and human rights.
iv. Conduct capacity-building trainings for different stakeholders on human rights and business using the UNGP framework.
v. Design and agree on a format for reporting human rights and business by stakeholders.
vi. Review the reports periodically and provide technical support for stakeholders in their area of need.
vii. Drive the process of reviewing the NAP periodically.
viii. Periodically assess and support the establishment of grievance mechanisms in companies.
ix. Oversight companies’ human rights Due Diligence activities and Human Rights Impact Assessment.
x. Convene an Annual Business and Human Rights Forum to review developments in the Field
xi. Support research and academic work on Business and Human Rights.” (p.156-157)

PILLAR 3 – ACCES TO REMEDY
B. STATE-BASED NON-JUDICIAL MECHANISM
“In order to improve the effectiveness of State Based non-judicial mechanism, the following plan of action will be implemented:
…

4. Convening of periodic meeting of regulatory bodies whose functions are relevant.
5. Mapping of these bodies to clearly identify them and properly delineate their mandates so that their operations may be streamlined for speed and efficiency in relation to business and human rights related remedy.” (p.165)

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2. The State duty to protect human rights

2.7 Policy Coherence in the Central Government Administration [page 26]:

The eighth principle deals with the state’s responsibility for ensuring coherence in the central government administration:

8. States should ensure that governmental departments, agencies and other State-based institutions that shape business practices are aware of and observe the State’s human rights obligations when fulfilling their respective mandates, including by providing them with relevant information, training and support.

To strengthen coordination, the Government will establish an interministerial working group headed by the Ministry of Foreign Affairs to ensure that Norway’s CSR-related positions in international forums are coherent, and that the relevant ministries are notified of international decisions. See also section 2.1, The state as legislator. The Government’s consultative body on matters relating to CSR, KOMpakt, will continue to serve as a forum for regular dialogue at top level between the authorities, the private sector, trade unions, academics and civil society.

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CHAPTER 1: National Action Plan on Business and Human Rights

1.4 | Coherence between the National Action Plan, Other Government Policies, and Pakistan’s International Commitments (page 9)

‘[…] a National Action Plan on Business and Human Rights, serves as a normative and operational framework to complement economic development that does not come at the expense of the protection and respect for human rights.

The NAP also complements Pakistan’s National Action Plan on Human Rights 2016, focused on the implementation of key human rights priorities and international instruments, as well as crosscutting interventions for the protection of human rights. The Action Plan calls for a rights-based approach to development planning, strengthening of the National Human Rights Institutes (NHRI), the implementation of international commitments through capacity-building programs, and the effective functioning of Treaty Implementation Cells (TICs). The NAP will align with Pakistan’s commitments, and domestic frameworks relevant to the international human rights treaties and labour conventions introduced in the previous section, as well as reporting mechanisms relevant to treaty bodies, Universal Periodic Review, and the Committee of Experts on the Application of Conventions and Recommendations. The increased awareness amongst rights-holders of the protections owed to them and the State expectations of businesses will help bolster a national effort towards the protection of human rights in the business context in Pakistan. This will strengthen Pakistan’s position as a responsible trading partner in the region and will also support its fulfillment of reporting requirements for international human rights mechanisms and other relevant frameworks. Additionally, the NAP will also support and complement Pakistan’s commitment to the SDGs, which seek to “advance the realization of human rights for all”. Most of the SDGs directly or indirectly reflect international human rights and labour standards.

The NAP will also complement frameworks with similar principles related to the protection and promotion of socially inclusive, sustainable, and responsible business operations, for example, Pakistan’s commitment to the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration).’

 

CHAPTER 3: National Action Plan Priority Areas and Proposed Actions (page 15)

‘To ensure policy coherence and fulfillment of the State of Pakistan’s commitment to the implementation of the UNGPs, as well as its binding international obligations, implementation of the proposed actions will require committed and ongoing inter-ministerial and inter-provincial coordination and cooperation. Furthermore, in addition to the responsibility of implementing entities, the inclusion and active participation of civil society, employers and workers organisations, the business community, NHRIs, and other stakeholders will be critical in the implementation of the NAP and the advancement of the Protect, Respect, and Remedy framework across business activity.’

3.2. NAP Priority Areas

3.2.3. Human Rights Due Diligence (page 25)

‘Consistent Federal and Provincial coordination will be required to effectively conduct oversight and monitoring of compliance with human rights due diligence expectations. Progress in this regard will require strong communication and cooperation between relevant Ministries, Provincial Departments, and regulatory bodies for the establishment and oversight of human rights due diligence standards and guidelines, followed by the gradual development of a legislative framework.’

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INTRODUCTION In addition to the general recommendations of international human rights bodies, in 2017 the Working Group on the issue of human rights and transnational corporations and other business enterprises of the United Nations (UN) visited the country. This recognized the political will of the Peruvian government to implement the Guiding Principles and warned of the benefits of the development of a NAP on the subject for greater coherence in public policies, as well as for the protection and guarantee of human rights. – page 8 the State adopted the third National Human Rights Plan (PNDH) 2018-2021, which incorporated in Strategic Guideline No. 5 the implementation of international standards on business and human rights, with the objective of: “Ensuring that public and private companies res- pect human rights in their scope of action”. In accordance with the current regulatory and public policy framework, the Executive Branch then proposed to promote the progressive implementation of the Guiding Principles and other related international instruments, through the elaboration of a NAP on Business and Human Rights. Thus, the incorporation of the NAP as a public policy objective within the NHRP 2018-2021 welcomes the recommendations provided by the Working Group on the issue of human rights and transnational corporations and other business enterprises during its visit, conveyed during the Universal Periodic Review (UPR) and by other international human rights protection bodies. – page 9 CHAPTER III: DIAGNOSIS AND BASELINE: ACTION AREAS 3.1. General conclusions of the diagnosis and baseline One of the main tasks to be carried out by the State through the implementation of the NAP -but in general, of all its public policies, in line with the fulfillment of its duty of coherence- is to contribute to the strengthening of its entities through regulatory improvements that ensure their proper functioning, strengthening the capacities of its managers and members, ensuring their equal participation in the implementation, follow-up, monitoring, and evaluation of public policy on business and human rights and RBCs, with emphasis on empowering the leadership of women and members of other vulnerable groups. – page 41 Transparency, integrity, and fight against corruption In recent years, the conviction has been established that corruption cuts across different areas and has a direct and unacceptable impact on human rights. For this reason, the State has signed the main treaties on the subject, which it has been implementing in its internal regulations through a Natio- nal Policy and a National Integrity and Anti-Corruption Plan. – page 43 Child Labor It is necessary to strengthen the dissemination of the problem and the scope of the prevention and eradication of forced labor, as well as the implementation of the national policy that contributes to address this public problem (III National Plan to Combat Forced Labor 2019-2022), in charge of the MTPE.  – page 45 Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050 It should be noted that the PNA 2021-2025 is approved in implementation of Guideline No. 5 of the National Human Rights Plan 2018-2021, whose validity ends in December of this year. In this regard, in accordance with the regulations of the National Planning System, the NAP will be integrated as part of the future National Human Rights Policy 2022-2030, whose elaboration process in accordan- ce with its stewardship, is also in charge of the General Directorate of Human Rights. –  page 55 Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment. Objective No. 1: Promote regulatory actions to prevent human rights violations in the corporate sphere  17. Action: Promote capacity building on GP-RBC between the Ombudsman’s Office, the National Contact Point, and other national agencies. Background: In order to strengthen the coherence of public policies in the area of GP-RBC, it is important to generate the articulation of different public entities. In this sense, the work of the National Contact Point would be strengthened through synergies with the Ombudsman’s Office and other additional agencies, which could also strengthen the fulfillment of its functions. – page 68 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. 45. Action: Expressly incorporate the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning in the next National Environmental Action Plan and the National Environmental Policy. Background: The issues of climate change, biological diversity, and environmental land-use planning should be expressly associated with the issue of business and human rights. In this way, related public policy measures would encourage companies to take into account the issues arising from these issues in their due diligence processes throughout the supply chain and address negative environmental risks and impacts. Although climate change, biodiversity, and environmental land use planning are topics addressed in the National Environmental Action Plan 2011-2021 and the National Environmental Policy, it would be appropriate to incorporate the GP-RBC approach in the next public policy of this nature. Indicator: National Environmental Action Plan, including or expressly contemplating the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning. National Environmental Action Plan, including or expressly contemplating the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning. – page 85 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. 62. Action: Guarantee equal access to work and work performance for LGBTI people. Background: It is important to articulate collaborative actions that allow the progressive implementation of a culture of respect towards LGBTI people, which will have  a significant impact on the sustained reduction of discrimination in society and, in particular, in the field of business activities. Indicator: Formulation of affirmative actions in favor of LGBTI persons to be incorporated into the Sectoral Plan for Non-Discrimination and Equal Opportunities in the Workplace. Target (2022): Sectoral plan for non-discrimination and equal opportunities of the MTPE that incorporates affirmative actions in favor of LGBTI people. – page 102   CHAPTER V: IMPLEMENTATION, MONITORING, EVALUATION, AND UPDATING OF THE NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS 5.3. Phases of implementation of the mechanism for the follow-up, evaluation, and updating of the NAP 2021-2025 Table 9. Phase I: Structure of the follow-up, evaluation, and updating mechanism Definition of program and indicator data sheets: A matrix will be developed that identifies the recommendations of the UN System’s human rights mechanisms, including the UPR, the goals of the 2030 Agenda, as well as the recommendations of the OECD, the Inter-American System, and their linkage with the NAP indicators. – page 129

 

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3. Ministry of Economic Development and Technology

Implementation of the UN Sustainable Development Goals (2030 Agenda)

[page 12]

“A dynamic shift towards sustainable development has been observed at many levels of action. The Sustainable Development Goals have been increasingly mainstreamed in international and European policies. They are becoming a reference point both for EU development strategies (e.g. the European Green Deal) and for individual countries. The response to the COVID-19 crisis (European Recovery Instrument) is also based on the concept of sustainable development, and so is the National Recovery Plan, which will provide an impetus for business and public administration to undertake reforms and investments boosting the potential for growth and economic and social resilience, while fostering ‘green’ and digital transformation.

The transition to a sustainable economy will only succeed if – alongside the public sector – the private sector properly plays its part, tapping into its creativity, investment and entrepreneurship. Businesses, as drivers of economic growth and employment, have a significant role to play in fostering innovation, developing technology, research and development investments which, in turn, will drive progress on the SDGs in areas such as energy, construction, food, mobility, and climate action. At the same time, investing in environmental protection and circular economy should provide the impetus for economic recovery from the COVID-19 crisis.”

(…)

[page 13]

“From the point of view of the Coordinator of the implementation of the 2030 Agenda in Poland – the Ministry of Economic Development and Technology – in the coming years the implementation of the idea of sustainable development will strongly rely on the practical application of the provisions included in the report ‘Implementation of Sustainable Development Goals in Poland’, adopted by the Council of Ministers in June 2018, i.e.: first of all, supporting education for sustainable development, ensuring consistency of development policy and effective monitoring of progress in achieving the goals. The Ministry of Economic Development and Technology, in cooperation with the OECD and the EC, will implement a project consisting in the preparation and implementation of a programme to develop the competences of public administration in the area of sustainable development.

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

4. Ministry of Family and Social Policy

Social Policy for Elderly People 2030. SAFETY – PARTICIPATION – SOLIDARITY

[page 15]

“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). (…) The entity responsible for the coordination of actions set out in the document is the Minister of Family and Social Policy. “

The first Polish Strategy for Persons with Disabilities 2021–2030

[page 19]

“In 2020, a draft Strategy for Persons with Disabilities was developed in the Ministry of Family and Social Policy. (…) The last of the eight priority areas of the Strategy is ‘Coordination’. Implementation of the new state policy for supporting persons with disabilities requires appropriate institutional reform to remedy the 20 diagnosed systemic problems. The measures designed within this priority area seek to establish a framework to ensure coherence of the system and development of cooperation between institutions dealing with problems of people with disabilities. The planned measures include, among others, reform of the disability degree certification system, development and implementation of an act on equal opportunities for persons with disabilities in the Polish legal system, coordination of systemic support for persons with disabilities, including in emergency situations, implementation of a complex system of data collection in the area of disability, greater inclusion of the disability issue in various areas of social policy, increasing protection of persons with disabilities against unequal treatment, extension of international cooperation.”

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Principle 4 – Businesses receiving State support

Slovenia is bound by OECD recommendations. These recommendations are aimed at promoting policy coherence of OECD member countries for officially supported export credits relating to the environment, climate change, social and human rights, obligations to respect relevant international agreements and conventions and to contribute to sustainable development. (pg. 24)

Principle 5 – Oversight

The Ministry of Foreign Affairs will devote attention to the implementation of policy coherence for development in Slovenia, thus ensuring that policies and legislation adopted by Slovenia are not to the detriment of developing countries. (pg. 25)

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D. Tasks for the Third NAP

Institutionalization of Human Rights Management

1. Secure corporate responsibility on human rights [page 4]

… (3) Government should provide necessary support and legal, policy, and institutional arrangements for corporations to fulfill their human rights responsibilities.

…

7. Prevent human rights violations to local workers in Korean companies overseas [page 6]

• Share major issues and establish a cooperation system with related domestic and foreign institutions

…

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Guiding Principle 3

Measure 3

“The Monitoring Committee, referred to in chapter IV of this Plan, in collaboration with the State Council for Corporate Social Responsibility (CERSE), will periodically evaluate if the laws and regulations to which the Guiding Principle 3 refers are appropriate.”

Measure 4

“The Regulations will be implemented and the Directives will be transposed, and the adaptation of the Spanish legal system to the Recommendations and the Opinions made by the EU regarding the Guiding Principles will be studied. This, will be done taking into account the reports published by the European Commission on the legal framework for human rights and the environment applicable to European companies operating outside the EU (2010), and on responsible management of the supply chain (2011) and other relevant reports.”

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.”

Measure 9

“The Government will train the personnel of the State Foreign Service, in accordance with Law 2/2014, of March 25, of the Action and of State the Foreign Service, as well as to the agencies in charge of the internationalization of business abroad about the responsibility of companies to respect human rights and due diligence and redress procedures, and will incorporate the Guiding Principles into the Annual Plans for External Action and the Brand Spain. Likewise, through its Diplomatic Missions, Permanent Representations and respective Sectorial Offices, especially the Economic and Commercial Offices, as well as through the Consular Offices, Technical Cooperation Offices and Training Centers of Spanish Cooperation AECID abroad, will disseminate tools and guidelines according to the characteristics of each country.”

Guiding Principle 4

Measure 1

“Within one year after the approval of this Plan, a Working Group will be created within the framework of the Strategic Plan for the Internationalization of the Spanish Economy, which will develop a specific Action Plan to examine the coherence of policies to support business internationalization, and its alignment with the Guiding Principles. The Working Group, which will present its conclusions to the Government, will study how cooperation for development, official credit agencies, export credit and official insurance or investment guarantee agencies of all administrations are able to condition, modulate or revise its support for investment based on the exercise of the responsibility to respect human rights by the beneficiary companies, both inside and outside of Spanish territory.”

Guiding Principle 8

Measure 1

“The Ministries of the Treasury and Public Function; Foreign Affairs and Cooperation; Economy, Industry and Competitiveness; Energy, Tourism and Digital Agenda will train and provide support on the Guiding Principles through their dependent agencies, to departments, government agencies and other state institutions that encourage and support the creation of businesses, business competitiveness and commercial and financial business practices in order to promote the coherence of policies and processes with the Guiding Principles and the international standards of human rights mandatory for Spain.”

Measure 2

“The Government will distribute the National Business and Human Rights Plan among civil servants and public employees through its publication in electronic and paper format.”

Guiding Principle 10

Measure 5

“Spain will promote the European Union, international organizations and international financial institutions of which Spain is member to share best practices with a view to encourage policy coherence and technical assistance to member states where requested.”

Guiding Principle 26

Measure 1

The Government, through the policy of cooperation for development, will support the efforts of third-party States in favor of strengthening the independence of the judiciary.

IV Monitoring and Update

“The Government will create a Plan Monitoring Commission within the quarter after its approval. This Follow-up Commission will be composed of the Ministry of the Presidency; the Ministry of Foreign Affairs and Cooperation; the Ministry of Employment and Social Security; the Ministry of Energy, Tourism and the Digital Agenda; the Ministry of Economy, Industry and Competitiveness; the Ministry of the Treasury and Public Function; the Ministry of Justice; and the Ministry of Health, Social Services and Equality. The Commission may decide to include other Ministries in its meetings. Each Ministry will appoint one or more representatives to attend the meetings. When these Ministries are represented in the State Council for Corporate Social Responsibility, the same person must hold the representation in both bodies in order to maintain the maximum connection between them. The decisions will be made by consensus.

…

An annual meeting with the Permanent Commission of the State Council for Corporate Social Responsibility will be requested to promote coherence in the activities of both organisations.”

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The Swedish NAP makes no explicit reference to policy coherence, although policy coherence is implicit within a range of sections of the NAP.

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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

Swiss legislation does not require companies to carry out human rights due diligence. In response to the popular initiative ‘Responsible Business – Protecting Human Rights and the Environment’, the Federal Council proposed submitting it to the people (referendum), without a counter-proposal. It advised voters to reject the initiative, explaining that it prefers a coordinated approach at the international level and the use of existing instruments, specifically the national action plans on the subjects covered by the popular initiative (NAP on Business and Human Rights, Corporate Social Responsibility (CSR) Action Plan and the ‘Green Economy’ report). On 14 June 2018, the National Council tabled an indirect counter-proposal, which is still being debated in parliament. The Federal Council is monitoring the debates, as well as international developments, emerging legislative trends on corporate human rights due diligence and the implementation of the UN Guiding Principles by businesses. Of particular interest are legislative changes in the EU regarding the mandatory reporting of non-financial information. Measure 13 of the 2020–23 CSR Action Plan provides for the development of a consultation draft on sustainability reporting based on the EU directive.

 

Measure 3: Promotion of UN Guiding Principles

The Federal Council will develop a business and human rights communications strategy18 that promotes the UN Guiding Principles and sets out in clear terms what it expects from companies and management in this regard. The strategy will comprise:

– 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.

This communication strategy aims to raise awareness and advance the implementation of the UN Guiding Principles by the Federal Administration (policy coherence), the business community and the general public.

Objective	Indicator	Responsibility
Improve knowledge and implementation of the UN Guiding Principles.	Number of participants at awareness-raising and other events. A review of the NAP finds improved awareness and implementation of the UN Guiding Principles among business enterprises (cf. measure 23).	FDFA [Federal Department of Foreign Affairs], EAER [Federal Department of Economic Affairs, Education and Research].

 

 Measure 5: Multi-stakeholder initiatives on business and human rights

Many multi-stakeholder initiatives on business and human rights are already under way. The federal government plays an active and major part in several of them, such as the ICoC Association and the Voluntary Principles on Security and Human Rights.

The federal government works with international sports bodies based in Switzerland (including the International Olympic Committee), with sponsors, NGOs, international organisations and other governments to implement the UN Guiding Principles in the context of major sporting events and in sport generally. It also launched a multi-stakeholder dialogue which culminated, in 2018, in the creation of the Centre for Sport and Human Rights. The mission of the Geneva-based centre is to prevent, mitigate and ensure effective remedies for sports-related human rights abuses. The FDFA will support this initiative in coordination with the Federal Office of Sport.

The federal government also backs multi-stakeholder initiatives that focus on human rights issues in sectors such as textiles, cocoa and gold. As these initiatives cover other subjects such as corruption and the environment, they are dealt with in Measure 10 of the 2020–23 CSR Action Plan.

Objective	Indicator	Responsibility
Support multi-stakeholder initiatives on business and human rights	Federal government support for at least two projects launched as part of multi-stakeholder initiatives.	FDFA [Federal Department of Foreign Affairs], EAER [Federal Department of Economic Affairs, Education and Research]

 

2.1.5 Policy coherence

Guiding Principle 8

Under Guiding Principle 8 the federal authorities and other public bodies must, in fulfilling their respective mandates, be aware of the State’s human rights obligations, and to support such obligations by way of relevant information and training.

 

Measure 16: Interdepartmental cooperation

As laid down in the 2020–23 CSR Action Plan, the federal government has created an interdepartmental working group on corporate social responsibility. Members are drawn from the federal offices involved in national CSR action plans and strategies. The group meets regularly to discuss and coordinate their CSR-related activities. It also investigates conflicts of interest and structures policy debate with a view to ensuring that the UN Guiding Principles are implemented consistently across the Federal Administration.

The federal government has also established an International Human Rights Policy Core Group (KIM). It functions as an interdepartmental information exchange platform and its members are drawn from the federal offices in charge of international human rights conventions. The group also receives regular briefings on NAP-related activities.

The Interdepartmental Platform on Commodities identifies and promotes synergies between sectoral policies and monitors national and international developments in the commodities sector.

The outcomes of this interdepartmental cooperation are also reflected in the consistent position which the representatives of all Departments adopt during bilateral consultations with other States, in multilateral bodies and in their public statements.

Objective	Indicator	Responsibility
Improve policy coherence at federal level.	Inclusion of the NAP in federal government CSR strategies and reports. Number of meetings held by the various interdepartmental platforms and groups. Consistent public position by the representatives of all Departments.	FDFA [Federal Department of Foreign Affairs], EAER [Federal Department of Economic Affairs, Education and Research]

 

Guiding Principle 9

Measure 18: Consistency between trade agreements and protection of human rights

The primary aim of free trade agreements is to foster bilateral trade relations and increase the economic competitiveness of contracting states. In negotiating free trade agreements (and investment promotion and protection agreements; see below), Switzerland is committed to ensuring that provisions to achieve consistency between trade and sustainable development are included. These serve to underline the parties’ obligation to comply with the applicable multilateral environmental agreements and ILO conventions, and to implement them effectively. They also refer to international instruments to protect human rights, and the principles of responsible corporate governance. Swiss free trade agreements also contain provisions stipulating that the agreement should not impede or compromise existing obligations under international law, including in respect of human rights. Free trade agreements are monitored by joint committees. Civil society contributes to the preparatory work for joint committee meetings, specifically through the WTO/FTA liaison group. The Federal Council continues to monitor and conduct impact assessments regarding international developments on human rights due diligence in trade agreements.

In the interests of policy coherence, Switzerland also advocates the inclusion of consistency provisions when negotiating investment protection agreements (IPAs). The federal government drafted provisions to achieve greater consistency between IPAs and sustainable development objectives (e.g. provisions setting out the right to regulate; references to human rights and corporate social responsibility in the recitals to IPAs). These provisions underline the importance of interpreting and applying these agreements in a manner that is consistent with other international commitments undertaken by Switzerland and its partner countries, including those on human rights protection.

Objective	Indicator	Responsibility
Improve consistency between Switzerland’s trade agreements and respect for human rights.	Human rights references, corporate social responsibility and the right to regulate are incorporated into trade agreements (FTAs/IPAs) submitted to parliament. The subject is discussed by the WTO/FTA liaison group.	EAER [Federal Department of Economic Affairs, Education and Research]

 

2.3.2 Operational principles: state judicial mechanisms

Guiding Principle 26

Measure 31: Promoting the option of collective redress

In the process of revising the CPC [Civil Procedure Code], the federal government drafted amendments to the provisions governing costs with a view to extending the scope of the conciliation procedure. New rules on group actions and establishing a group settlement mechanism will close a gap in the available legal protection by facilitating class actions in respect of mass and dispersed damage claims. These amendments and new articles bring the draft bill in line with Business and Human Rights Recommendations 39 and 42 of the Committee of Ministers of the Council of Europe of 2 March 2016.54 They also meet the expectations of the UN, as expressed in Guiding Principle 26.

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III. The state duty to protect human rights

B. Actions taken

• Promotion of consistency in human rights policies (pages 5-6)

‘To signal the importance of human rights policies, the Taiwan government on 24 October 2000 established the Presidential Human Rights Advisory Committee, which on 30 April 2004 was expanded and renamed the Presidential Office Human Rights Consultative Committee. This Committee is chaired by the Vice President, and puts especially high priority on the issues of “incorporating human rights protections into the Constitution” and “amending legislation to address human rights concerns.”

Taiwan’s Legislative Yuan passed the “Organic Act of the Control Yuan National Human Rights Commission” in 2019. Then the National Human Rights Commission was formally established on 1 August 2020 to serve as the government’s single human rights authority. The Commission monitors whether the legislative, executive, and judicial branches operate in compliance with international human rights requirements, and whether any government policies or actions infringe upon human rights. It is also authorized to provide suggestions to the executive, legislative, and judicial branches for their reference. The aforementioned Presidential Office Human Rights Consultative Committee has been dissolved because it completed its assigned mission.

‘To ensure consistency in the human rights policies of different government agencies, the Executive Yuan has established a Human Rights Protection and Promotion Committee to research different countries’ human rights safeguard systems, as well as international rules, and to promote and implement Taiwan’s policies for the protection of fundamental human rights. The Committee membership is composed of officials from government agencies involved in related fields, including the Ministry of Justice, Ministry of Economic Affairs, Ministry of the Interior, Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Economic Affairs, Ministry of Finance, Ministry of Education, Ministry of Labor, Ministry of Health and Welfare, Environmental Protection Administration, and Council of Indigenous Peoples.’

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, UNGP8, Actions taken (pages 47-48).

 C. Actions planned

• Administrative measures for outbound investment (page 10)

‘The Taiwan government will continue, on the basis of UNGPs, to initiate discussions regarding the issue of administrative measures for outbound investment as applied to business and human rights, and will also set up an inter-ministerial coordination mechanism at the central government level to study actions taken by other nations, and to discuss the necessity and feasibility of enacting legislation that has binding force overseas in specified fields such as anti-discrimination, labor rights, and environmental preservation in a company’s overseas investment activities.’

This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP7, Actions planned (page 46).

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

3.1 Action plan on labour

3.1.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

No.	Issues	Activities	Responsible agencies	Time-frame (2019–2022)	Indicators (wide frame)	Compliance with National Strategy/ SDGs/UNGPs
1.	Becoming an international treaty party	Study the possibility of becoming a party to the ILO Conventions 98 and 189 by assessing the situation and context of Thailand	– Ministry of Labour	2019	A feasibility study in becoming a party to the ILO Conventions 98 and 189 within the year 2019	–   National Strategy for Human Capital Development and Strengthening –   National Strategy for Social Cohesion and Just Society –   SDG 8 –   UNGPs  Article 5
		Study the Tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) of the ILO and consider operational guidelines to promote the Declaration	–   Ministry of Labour –   Ministry of Foreign Affairs	2019–2020	A study of the Tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) of the ILO	–   National Strategy for Human Capital Development and Strengthening –   National Strategy for Social Cohesion and Just Society –   SDG 8 –   UNGPs, Article 5
2.	Amendments to laws, regulations, policies and related measures	Review the law on labour protection, social welfare, social security, and minimum wage whether there is still a gap between the law and practice, and consider improving or developing it to be in line with international standards	–   Ministry of Social Development and Human Security –   Ministry of Labour	2019–2022	Number of laws that have been improved	–   National Strategy for Human Capital Development and Strengthening –   National Strategy for Social Cohesion and Just Society –   SDG 8 –   UNGPs, Articles 1, 3, 5 and 7
		Review relevant laws and consider improvements or developments in accordance with ILO Convention No. 138 and 182 and Protocol 2014 of the ILO Convention on Forced Labour, 1930	– Ministry of Labour	2019–2022	The number of meetings to review relevant laws	–   National Strategy for Human Capital Development and Strengthening –   National Strategy for Social Cohesion and Just Society –   SDG 8 –   UNGPs Articles 1, 3, 5 and 7
		Study the ILO General Principles and Operational Guidelines on Fair Recruitment and review the laws and practical guidelines that are in force to comply with the said principles.	– Ministry of Labour	2019–2022	The results of the study	–   National Strategy for Human Capital Development and Strengthening –   National Strategy for Social Cohesion and Just Society –   SDG 8 –   UNGPs Articles 1, 3, 4, 5 and 7
		Review border employment policy in a manner aimed at protecting all workers who are legal without discrimination, including protection of family members who are with them. This is to be in accordance with the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers.	– Ministry of Labour	2019–2022	Number of policies reviewed	–   National Strategy for Human Capital Development and Strengthening –   National Strategy for Social Cohesion and Just Society –   SDG 8 –   UNGPs Articles 1, 3, 4, 5 and 7
		Improve the Labour Law in accordance with the current situation and international standards such as the Labour Relations Act 1975 and the State Enterprise Labour Relations Act 2000	– Ministry of Labour	2019–2022	Number of bills passed with Cabinet approval	–   National Strategy for Human Capital Development and Strengthening –   National Strategy for Social Cohesion and Just Society –   SDG 8 –   UNGPs Articles 1, 3, 4, 5 and 7
6.	Eliminating discrimination in employment and the workplace	Study the feasibility and effect of the amendment of the Labour Law to be consistent with the Gender Equality Act 2015	– Ministry of Labour	2019–2022	Number of reviews of the Labour Law	–   National Strategy for Social Cohesion and Just Society –   SDG 8 and 10 –   UNGPs Articles 1, 3, 4, 5 and 7
8.	Suitable working conditions	Study international standards regarding appropriate work conditions (Decent Work for All), including safety and occupational health, and use them as a baseline to create a suitable regulation or rule as an operating guidance for business	– Ministry of Labour	2019–2022	Number of studies	–   National Strategy for Social Cohesion and Just Society –   National Strategy for Public Sector Rebalancing and Development –   SDG 8 –   UNGPs Articles 1, 3, 4, 5 and 7

 

Pillar 2: Responsibilities of the business sector in respecting of human rights

2.1 Compliance with labour laws, the Thai Labour Standards and the principles of human rights

• State enterprises and the business sector must provide an announcement or a statement on the human rights policy in their organizations. This includes the UNGPs.
• State enterprises and the business sector must implement the Thai Labour Standards, respecting and strictly complying with labour laws.

 

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

3.2.1 Overview of the situation

Thailand is in the process of implementing the National Economic and Social Development Plan No. 12 (B.E. 2560–2564) (2017–2021) which is being conducted with a participatory process in all regions throughout the country. The plan emphasizes four main objectives which are (1) Implementation and application of the sufficient economy philosophy; (2) Participation of people placed at the centre of development; (3) Support and promotion of national reform; and (4) Development toward stability, prosperity and sustainability for society to live happily together while dealing with changes such as the liberalization of the economy, challenges of new technology and the occurrence of severe natural disasters, and other challenges such as being caught in a middle-income trap, entering into an aging society and social inequality. In addition, the plan emphasizes the creation of economic and social growth while being environmentally friendly, and the promotion of responsible production and investment and creating green business jobs in private organizations to reduce policy conflicts that affect the environment and people during the development of infrastructure, tourism and community livelihoods.

No.	Issues	Activities	Responsible agencies	Time-frame (2019–2022)	Indicators (wide frame)	Compliance with National Strategy/ SDGs/UNGPs
1.	Developing and improving laws, regulations, policies and related measures	Relevant agencies took the comments and recommendations of the National Human Rights Commission of Thailand, which the Cabinet has resolved to consider improving the Act to Promote and Conserve National Environmental Quality Act B.E. 2535 (1992) and expedite enactment of the Act on People Participation in the Public Policy Process –   B.E. (draft) and issue regulations on the Report of Pollutant Release and Transfer Registers (PRTR)	–   – Ministry of Natural Resources and Environment	2019–2022	–   Consideration has been taken in accordance with recommendations of the National Human Rights Commission of Thailand –   Meeting for consideration of the Act on People Participation in the Public Policy Process B.E. (draft) and Regulations on the Report of Pollutant Release and Transfer Registers report	–   National Strategy for Eco-Friendly Development and Growth – SDG 11, 13, 14 and 15 –   UNGPs Articles 1, 3, 5 and 7
4.	Special Economic Zones	Consider making guidelines or measures for Special Economic Zones (SEZs), including the Eastern Economic Corridor (EEC) so they adhere to the highest standards of good governance and the guideline of the corporations while the commitment to implement UNGPs should be reflected in the establishment and management of the SEZ and EEC	–   Office of the National Economic and Social Development Council –   Ministry of Commerce –   Ministry of Industry –   Ministry of Interior (Department of Public Works and Town and Country Planning)	2019–2022	–   Guidelines and measures for the Special Economic Zones (SEZs), including the Eastern Economic Corridor (EEC) to comply with the highest standards of good governance and UNGPs	–   National Strategy for Eco-Friendly Development and Growth –   National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 –   UNGPs Articles 1, 3, 4, 5, 7, 8, 10 and 31

 

Pillar 2: Responsibilities of the business sector in respecting of human rights

2.1 Compliance with laws, standards and principles of human rights relating to the environment, natural resources, community and land

• State enterprises and the business sector must review the organization’s rules and regulations and improve them to comply with relevant laws, standards and principles of human rights related to the environment, natural resources, community and land, especially the UNGPs, to prevent human rights violations.

 

3.3 Action plan for human rights defenders

3.3.3 Action Plan (2019–2023)

Pillar 1: State duties in protecting (Protect)

No.	Issues	Activities	Responsible agencies	Time-frame (2019–2022)	Indicators (wide frame)	Compliance with National Strategy/ SDGs/UNGPs
1.	Becoming a party to international human rights treaties and cooperation with various human rights mechanisms	Clearly make a definition of “human rights defenders” by studying international standards	– Ministry of Justice	2019–2022	Meeting to discuss with related agencies a clear definition of human rights defender	–   National Strategy for National Security –   National Strategy for Public Sector Rebalancing and Development –   SDG 11 and 16 –   UNGPs Articles 1, 3, 5 and 7
		Expedite ratification to relevant conventions such as the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED)	– Ministry of Justice	2019–2022	Becoming a party of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED)	–   National Strategy for National Security –   National Strategy for Public Sector Rebalancing and Development – SDG 11, 16 and 17 –   UNGPs Articles 1, 3, 5 and 7
		Promote creative cooperation with United Nations human rights mechanisms and regional human rights mechanisms	– Every agency	2019–2022	An official visit to Thailand or a technical visit of the special procedures of the United Nations Human Rights Council	–   National Strategy for National Security –   National Strategy for Public Sector Rebalancing and Development – SDG 11, 16 and 17 –   UNGPs Articles 1, 3, 5 and 7

 

Pillar 3 Duties of state enterprises and the business sector (Remedy)

No.	Issues	Activities	Responsible agencies	Time-frame (2019–2022)	Indicators (wide frame)	Compliance with National Strategy/ SDGs/UNGPs
4.	Remedies	Remedies for victims as per the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power as appropriate and with gender-sensitivity	– Ministry of Justice	2019–2022	Improved the system and measures to remedy victims as per the UN Declaration of Basic Principles of Justice as appropriate and with gender- sensitivity	–   National Strategy for Public Sector Rebalancing and Development –   SDG 16 –   UNGPs Articles 24, 25, 26, 27, 28, 29 and 31

 

3.4 Action Plan on Cross Border Investment and Multinational Enterprises

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
1.	Amendments of laws, regulations, policies and related measures	Establish guidelines and procedures to provide comments to the contract that the government has with transnational corporations, considering the Human Rights Assessment	– Office of the Attorney General	2019–2022	Established guidelines and process to provide comments to the contract that the government has with transnational corporations, considering the Human Rights Assessment	–   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, 9 and 10
		Study and discuss with various relevant sectors to consider guidelines for developing laws, policies or concrete mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross-border responsibility that complies with international standards such as the OECD Guidelines for Multinational Enterprises	–   Ministry of Foreign Affairs –   Ministry of Justice	2019–2022	Improved legislation, policies or mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross- border responsibility that complies with international standards, such as the OECD Guidelines for Multinational Enterprises	–   National Strategy for National Competitiveness Enhancement –   National Strategy for Public Sector Rebalancing and Development –   SDG 8, 16 and 17 –   UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10
		Review laws and regulations related to the Eastern Economic Corridor (EEC) project in order to supervise the operations of the business sector and investors with a clear penalty for cases that violate human rights.	–   Office of the National Economic and Social Development Council – Neighbouring Countries’ Economic Development Corporation Agency (Public Organization) –   Board of Eastern Economic Corridor (EEC)	2019–2022	Meetings to review laws and regulations related to Eastern Economic Corridor (EEC) Projects	–   National Strategy for National Competitiveness Enhancement –   National Strategy for Eco- Friendly Development and Growth –   National Strategy for Public Sector Rebalancing and Development –   SDG 8 and 16 –   UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10
2.	Creating investor awareness	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
8.	Promoting cooperation in driving business issues and human rights at regional and international levels	Exchange and disseminate good practices to drive international and regional business and human rights issues	–   Ministry of Foreign Affairs –   Ministry of Justice	2019–2022	Good practices exchanged and disseminated in implementation of the UNGPs, such as periodically preparing courses or workshop for staff in related countries of interest	–   National Strategy for National Competitiveness Enhancement –   National Strategy for Human Capital Development and Strengthening –   National Strategy for Public Sector Rebalancing and Development –   SDG 8, 16 and 17 –   UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10

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CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES

OBJECTIVE 1: To strengthen institutional capacity, operations and coordination efforts of state and non-state actors for the protection and promotion of human rights in businesses.

4.1.1 Strengthen coordination between the different government agencies working on business and human rights

1. Strengthening existing government structures to enhance business and human rights.
2. Sensitize and disseminate information to duty bearers.
3. Establish a multi-sectoral committee on business and human rights.
4. Strengthen existing district coordination committees and human rights desks and units at district and lower local government level.

(…)

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

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

(…)

vi. Enhancing inter-sector and inter-agency coordination in handling complaints of victims of business-related human rights abuses and violations.

 

 CHAPTER FIVE: INSTITUTIONAL FRAMEWORK

5.1 Ministry Of Gender, Labour and Social Development

(…)

vi. Create and establish effective mechanisms and networks to enhance coordination of implementation of the NAP.

(…)

5.7 Ministry of Justice and Constitutional Affairs

1. Coordinate the formulation and review of legislation pertaining to business and human rights.

 

5.8 Local Governments

(…)

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

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The UK 2016 NAP refers to policy coherence already in the introduction [page 4], where it explains that:

“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:

• give a clear commitment to the UNGPs as the most appropriate model for promoting business and human rights at the international level, and consistency with other international processes, especially the OECD Guidelines;
• provide policy coherence and clear communication of the actions taken.
• be clear on our expectations of business and provide support, where appropriate, in meeting those expectations;”

The UK 2016 NAP further refers to policy coherence in the section The existing UK Legal Policy Framework [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: (…) Ensure policy coherence across government, including by providing training, information and support”.

The UK 2016 NAP states in relation to Actions taken to support business implementation of the UNGPs that [page 15]:

“To help businesses to fulfil their responsibility to respect human rights the Government has:

(i)  updated this action plan, setting out the Government’s actions and expectations on business and human rights. We will seek clear and consistent communication of this policy through ministers, UK business ambassadors and officials who engage with business and other appropriate channels.”

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Section II: Priority Areas of the National Action Plan on Responsible Business Conduct
…

“1. Priority Area (1) Establishing a Federal Advisory Committee on Responsible Business Conduct: The USG considers coordination with nongovernmental stakeholders to be a foundational principle of RBC and a core operating principle for democratic societies. To enable the USG to better coordinate policies, programming, and initiatives related to RBC, including business and human rights (BHR), with the private sector; affected communities; labor unions; civil society, including HRDs; academia; and other relevant stakeholders, the U.S. Department of State (“State”) has established a Committee on RBC pursuant to the Federal Advisory Committee Act.” (p.11)

Section III: Additional National Action Plan Commitments
…
“Given the cross-cutting nature of RBC issues today, coordination and communication between the USG, rights-holders, the private sector, civil society, labor unions, and academia will be critical to continue advancing RBC and enabling businesses to conduct HRDD. […]

Table 1: Expanding Engagement and Coordination on Responsible Business Conduct Commitments

State, in coordination with other government agencies, will deploy appropriate tools, including economic sanctions, visa restrictions, and export control measures, to promote accountability for relevant actors for BHR-related abuses. The USG maintains and implements several tools to promote accountability for individuals and entities that are responsible for actions that run counter to RBC principles, including human rights abuses, labor abuses, corruption, and wildlife and timber trafficking.

State will coordinate with other government agencies, businesses, civil society, labor unions, and other relevant stakeholders to produce additional business advisories, where appropriate, to inform businesses and individuals about risks associated with events and developments in particular countries, regions, or sectors. These business advisories provide information that can help inform business decision-making, including in areas that are not subject to sanctions, export controls, or other mandatory restrictions.

State will launch a BHR training for Department officers. This training will help DC-based and embassy personnel understand what BHR is, why it is integral to U.S. foreign policy, and how BHR issues may present in their work.

State will strengthen policy coordination around BHR with other governments. This will include greater information-sharing and consultations with other governments as well as consideration of joint policy initiatives around topics of mutual interest.

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.15-17)

Table 2: Procurement Commitments

The Department of State’s Office to Monitor and Combat Trafficking in Persons and the Bureau of Overseas Building Operations will “partner together to pilot a new human trafficking risk mapping process for acquisition personnel aimed at assessing and preventing risks during the design, solicitation, and monitoring of State construction contracts. Learnings will be used to apply to broader procurement efforts within State, especially contracts of high risk and high volume, and will be shared with the interagency.” (p.18)

“The Hotlines Working Group chaired by the Department of Health and Human Services (HHS), DHS, and the Department of Justice will coordinate within the interagency to identify options for improving methods through which workers and civil society can inform the USG of potential human trafficking violations in federal contracts after completing its ongoing review of reporting mechanisms as set forth in Priority Action 4.4.7 of the NAP to Combat Human Trafficking.” (p.20)

Table 4: Technology Commitments

The Department of State will “lead an interagency task force to drive outreach to international partners on issues regarding content authenticity and provenance. The task force will build on diplomatic efforts to internationalize the U.S. voluntary commitments to ensure safe, secure, and trustworthy AI and to solidify broad global consensus on an international approach to AI technologies. State will lead the task force to accomplish the following objectives:

1. Develop and promote a global norm for countries to detect AI-generated synthetic content and label authentic government-produced content;
2. Discuss and develop mechanisms to share information and best practices on content authentication and synthetic content detection, leveraging existing platforms and dialogue structures;
3. Advance support for developing countries and civil society to conduct content authentication and provenance, including providing technical consultations, exchanges, and assistance;
4. Encourage engagement by foreign partners in the U.S. Department of Commerce’s (“Commerce’s”) process around standards, tools, methods, and practices for content authentication, identification, and labelling, as well as preventing the use of AI models to generate nonconsensual intimate images; and
5. Support engagement with international standards bodies to encourage a common global content authentication standard.” (p.25-26)

The Department of State will “designate staff as human rights and technology officers to increase engagement at key multilateral fora, as part of related State and U.S. interagency workstreams, and at bilateral cyberspace and digital policy dialogues. These officers will advance innovative development, application, and rights-based governance of AI systems and other technologies.” (p.27)

The Department of State, in consultation with relevant interagency partners, will “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 will “work with Treasury to convene an interagency working group to strengthen human rights safeguards that apply to multilateral development bank funded telecommunications infrastructure projects.” (p.28)

Table 5: Workers’ Rights Commitments

“The Office of the U.S. Trade Representative (USTR) will address forced labor in traded goods and services by establishing a Forced Labor Trade Strategy to identify priorities and establish an action plan for utilizing existing and potential new trade tools. USTR will conduct an interagency review across the USG through the Trade Policy Staff Committee’s Subcommittee on Trade, Forced Labor, and Child Labor to examine existing trade policies and tools used to combat forced labor, including forced child labor, in order to identify areas that may need to be strengthened and gaps that may need to be filled. USTR will use this analysis to establish objectives, priorities, new tools, and key action items to advance development of the strategy. The process will maximize input from stakeholders, including victims; labor and human rights organizations; civil society; and the private sector.” (p.30)

Table 6: Environment, Climate, and Just Transitions Commitments

“OES, through its informal interagency working group to reduce violence against environmental defenders, will hold a series of meetings to identify and disseminate good business and investment practices that can reduce and, ideally, prevent violence against environmental defenders. These meetings will include relevant stakeholders including members from civil society organizations and businesses. The identified good business and investment practices will ultimately be shared within the USG.” (p.35)

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I. GUIDING PRINCIPLES AND OBJECTIVES

1. Guiding principles

a) To closely follow the Party and State’s viewpoints, guidelines, directions and policies on developing a socialist-oriented market economy, proactive international integration, sustainable and inclusive development; promoting RBP of enterprises, contributing to the implementation of the 2030 Agenda for Sustainable Development with the 17 Sustainable Development Goals (SDGs) of the United Nations and Resolution 27-NQ/TW dated 9 November, 2022 of the 13th Party Central Committee on continuing to build and improve the socialist rule of law State of Viet Nam in the new period.

b) To ensure compliance with Viet Nam’s international commitments in bilateral and multilateral economic cooperation frameworks, especially the Viet Nam-European Union Free Trade Agreement (EVFTA), the EU-Viet Nam Free Trade Agreement (EVFTA), and the EU-Viet Nam Free Trade Agreement (EVFTA), and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

III. IMPLEMENTATION

1. Assignment of duties

a) Ministry of Justice

– Assuming the prime responsibility for, and coordinate with relevant ministries, ministerial-level agencies, provinces and organizations in the implementation of NAP;

– Guiding, urging and inspecting relevant ministries, ministerial-level agencies, provinces and organizations to implement NAP;

– Reviewing and summarizing the implementation of NAP and report to the Prime Minister.

b) Ministries, ministerial-level agencies, governmental agencies and People’s Committees of provinces and centrally run cities:

– For the lead agencies assigned to assume the  prime responsibility for performing the tasks in NAP:

+ Drafting a detailed plan to perform the main task in NAP and send it to the Ministry of Justice for synthesis and monitoring;

+ Directing, urging, guiding and inspecting the affiliated units to implement NAP;

+ Carrying out the preliminary and final review of NAP within the sectors, fields and regions, and send the report to the Ministry of Justice for synthesis. – For coordinating agencies: Responsible for coordinating the performance of assigned tasks.

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