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I- The State’s Obligation to Protect Human Rights The International Framework [page 13] … France also chairs the Group of Friends of Paragraph 47 of the Rio+20 Declaration. This group promotes sustainable development reporting to better ensure that economic actors respect social, environmental, good governance and human rights standards. This group successfully advocated for reporting…

1 The state obligation to protect human rights 1.3 Activities in the EU [page 16-17] NON-FINANCIAL REPORTING “On 18 April 2013, the European Commission made a proposal to amend the accounting directive for the disclosure of so-called non-financial information of certain large companies. The proposal shall be applied to companies of significant public interest with…

Action point 15 Incorporate the principle of “due diligence” into the management of the company, also in the terms of human rights Intégrer le principe de « diligence raisonnable » au sein des organismes de gestion de l’entreprise, également en matière de droits de l’Homme This action point focuses on due diligence. The NAP explains…

2017-2020 NATIONAL ACTION PLAN Pillar III: Access to remedies Mediation in civil-, economic-, and individual labour-law [page 41]: The National Labour Inspectorate is an authority established in order to oversee and verify the observance of labour law, in particular occupational health and safety rules and regulations. During the implementation of its tasks, the National Labour…

Providing Access to Remedy [page 23] “As to remedies in the United States, the U.S. government will continue to help provide access to a grievance mechanism and the potential for remedy through its active USNCP for the OECD’s Specific Instance process and through the World Bank’s Stolen Asset Recovery Initiative.”

The UK 2016 NAP discusses non-judicial mechanism in the section titled Access to remedy for human rights abuses resulting from business activity [page 20]: “We also provide a number of state-based non-judicial mechanisms, including: The UK National Contact Point (NCP) which considers allegations of non-compliance by UK companies with the OECD Guidelines for Multinational Enterprises….

2 National Action Plan on Business and Human Rights 2020-23 2.1 Pillar 1: state duty to protect   2.1.2 Operational principles: legislative and information policy measures Guiding Principles 1 to 3 Measure 2: Security and human rights Switzerland also helped to establish the International Code of Conduct Association, which requires private security providers to uphold…

3 Access to remedy [page 15-17] Legal remedies provided by the State “According to the UN Guiding Principles, States have an obligation to provide effective remedies when a company has committed human rights abuses. These include both judicial and non-judicial mechanisms. … The different ombudsmen monitor compliance with human rights. Any person who feels that…

4. Access to Remedy [pages 40-41]: The 27th principle concerns public non-judicial grievance mechanisms: 27. States should provide effective and appropriate non-judicial grievance mechanisms, alongside judicial mechanisms, as part of a comprehensive State-based system for the remedy of business-related human rights abuse. Norway has a number of well-functioning institutions such as the Labour Inspection Authority, the…

3.5 Scope for Remedy [page 32-38] “The consultations showed that the government has a major role to play in creating scope for remedy to implement the 3rd pillar of the Ruggie Framework, and providing information on the matter. Suggestions varied from providing more information on existing access to remedy through the embassies, to promoting complaint…

Objective 3: ensuring access to effective remedy [page 10] A. Implemented measures 5. “Improvement of collective dispute regulation. The aims is to held discussions with social partners to determine the need for revision of provisions regulating collective bargaining and to encourage parties to establish a mechanism for settling disputes at company level.” B. Planned measures…

IV. Italian ongoing activities and future commitments Internationalization of companies “The creation of remedial mechanisms – in terms of operational frameworks and procedures – to ensure access to justice for victims of human rights violations, as a result of the implementation of productive activities by companies, is one of the core goals of the UN…

III. Federal Government expectations regarding corporate due diligence in respecting human rights Grievance mechanism [page 11-12] “For the early identification of (actual or potential) adverse impacts, enterprises should either establish their own grievance procedures or play an active part in external procedures. Such procedures may, for example, be established by sectoral associations. The mechanism should…

III- Access to Remedy 2. Non-Judicial Mechanisms – At the International Level 2.1 The OECD National Contact Point (NCP) [page 54] The French NCP is very active in promoting responsible business conduct and the OECD Guidelines for Multinational Enterprises. Following the Rana Plaza tragedy, the NCP stepped up its activities, especially in the field of…

4 Access of victims of human rights violations to legal remedies [page 30-31] “Companies are encouraged to increasingly use non-binding complaint mechanisms related to human rights and to cooperate with non-governmental organisations.” 4.1 Development of the OECD National Contact Point “The OECD Guidelines include a monitoring mechanism referred to as the National Contact Points (NCPs),…

2. The state duty to protect human rights 2.3 Actions taken Companies owned or controlled by the state [page 13] “The Danish Government believes that public authorities, including companies owned or controlled by the state, should live up to the same requirements that private companies are expected to fulfill. Therefore, the non-judicial remedy mechanism can also examine complaints involving public authorities (GP…

Action point 1 Develop a toolkit for companies and organizations on human rights Elaborer une boîte à outils destinée aux entreprises et organisations concernant les droits de l’Homme This point presents the action of developing, in collaboration with experts and its main human rights stakeholders and organizations, a toolbox that will help companies prevent human…

Outcome 1.1: Promoting RBC Globally New Actions [page 8] “OECD Guidelines for Multinational Enterprises: For the first time, in 2016 the U.S. National Contact Point (USNCP) for the OECD Guidelines published an annual report and in 2017 will develop an outreach plan to continue its efforts to broaden understanding and implementation of the OECD Guidelines…

The UK 2016 Updated NAP makes a reference to NCPs in the section devoted to Access to Remedy for Human Right Abuses Resulting from Business Activity [page 20]: “We also provide a number of state-based non-judicial mechanisms, including: The UK National Contact Point (NCP) which considers allegations of non compliance by UK companies with the…

2017-2020 NATIONAL ACTION PLAN Pillar III: Access to remedies 4. OECD National Contact Point [page 49]: One of the remedies available to victims of human rights abuses by multinational enterprises is the possibility of notifying the OECD National Contact Point (OECD NCP) about the situation. The OECD NCP’s main task is to promote and disseminate…