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5. National Action Plan on Business and Human Rights5.7 Pillar 1: state duty to protect5.7.5 Policy CoherenceGuiding Principle 9 [page 30-31]Guiding Principle 9 relates to economic agreements that the federal government enters into with other States or with business enterprises. Specifically, these include the WTO, bilateral investment treaties, free trade agreements and contracts for investment…

4. Position of the Federal Council on the UN Guiding Principles on Business and Human Rights4.3 The positions and expectations of the Federal Council [pages 7-8] The Federal Council will endeavor to support business enterprises and SMEs in particular, as they proceed with implementation, in order to keep the costs and administrative burden at a…

5. National Action Plan on Business and Human Rights5.7 Pillar 1: state duty to protect5.7.2 Operational principles: legislative and information policy measures Guiding Principle 3 [page 15]PI4 Regulation of technologies for internet and mobile communication surveillance Technologies for internet and mobile communication surveillance can be used for both civilian and military purposes, i.e. they are…

5.7 Pillar 1: state duty to protect5.7.5 Policy coherenceGuiding Principle 9 [page 31]PI33 regarding Consistency between free trade agreements and protection for human rights The Federal Council continues to keep a close eye on international developments in human rights due diligence (referred to as impact assessments)

5. National Action Plan on Business and Human Rights5.3 Role of the State and of business enterprises [page 11] The State duty to protect is supplemented by the corporate responsibility to respect human rights. With this in mind, Guiding Principles 11-24 and 28-31, which are aimed at business enterprises, are also important cornerstones of the…

5. National Action Plan on Business and Human Rights5.7 Pillar 1: state duty to protect5.7.5 Policy coherenceGuiding Principle 8 [page 29]PI28 Coherence between the various policies, strategies and action plans … CSR and business and human rights are also mentioned in the goals of the 2030 Agenda, as well as in several federal government strategies….

5. National Action Plan on Business and Human Rights5.7 Pillar 1: state duty to protect5.7.2 Operational Principles: Legislative and Information Policy Measures Guiding Principle 3 [page 13] In meeting their duty to protect, States should:… (c) Provide effective guidance to business enterprises on how to respect human rights throughout their operations… PI6 Clarify and communicate…

4. Position and Expectations of the Federal Council [Paragraph 4, page 8]: Depending on the circumstances, business enterprises must also observe additional standards concerning particularly vulnerable population groups (cf. OECD Guidelines for Multinational Enterprises, Guideline 40). These include, for example, the Declaration of the Rights of Indigenous Peoples, and the international conventions protecting women, minorities,…

4. Position of the Federal Council on the UN Guiding Principles on Business and Human Rights4.2 The Swiss context [page 6]: Economic freedom (Art. 27 Federal Constitution) and freedom of contract are key elements of the Swiss economic order. This economic system is set out in the Constitution and enhanced by elements such as further…

5. National Action Plan on Business and Human Rights5.7 Pillar 1: state duty to protect5.7.2 Operational principles: legislative and information policy measures [pages 18-19]PI10 Initiative on respect for labour and human rights in value chains The federal government promotes the implementation of the fundamental conventions of the International Labour Organization (ILO) as part of economic…

4. Position of the Federal Council on the UN Guiding Principles on Business and Human Rights4.2 The Swiss ContextPosition of the Federal Council on the UN Guiding Principles on Business and Human Rights [page 6]: Nowadays, increasing numbers of business enterprises are fulfilling their human rights responsibilities in a conscious way. Both business enterprises and…

5. National Action Plan on Business and Human Rights5.7 Pillar 1: state duty to protect5.7.1 Fundamental principles and Guiding Principle 1: general duty to protect [page 13]Guiding Principle 2: Business enterprises’ foreign operations The Federal Council regards preventing human rights abuses by Swiss companies abroad, and ensuring access to effective remedy, as integral parts of…

5. National Action Plan on Business and Human Rights5.7 Pillar 1: state duty to protect5.7.2 Operational principles: legislative and information policy measures [page 21]PI15 Obligation to disclose payments to governments Fulfilling Recommendation 8 of the Background Report on Commodities and postulate 13.3365 Mehr Transparenz im Schweizer Rohstoffsektor [‘Greater transparency in the Swiss commodities sector’], in…

5. National Action Plan on Business and Human RightsSection 5.7.3 The State-business nexusGuiding Principle 4 [page 23]PI18 Requirement that business enterprises covered by Swiss Export Risk Insurance (SERV) conduct human rights due diligence The guidelines are intended, among other things, to improve protection against human rights abuses by business enterprises, and they are largely recognised…

The Swiss NAP does not make an explicit reference to Equality and Non-Discrimination.

5. National Action Plan on Business and Human Rights5.6. Relation to the Federal Council position paper on CSR [page 12] The federal government’s commitment to Corporate Social Responsibility (CSR) is set out in the Federal Council’s CSR position paper on corporate social and environmental responsibility. The CSR position paper addresses a very broad spectrum of…

The Swiss NAP does not make an explicit reference to Development Finance Institutions.

5. National Action Plan on Business and Human Rights5.7 Pillar I: state duty to protect5.7.2. Operation Principles: legislative and information policy measuresGuiding Principle 3 [pages 15-16]PI4 Regulation of technologies for internet and mobile communication surveillance Technologies for internet and mobile communication surveillance can be used for both civilian and military purposes, i.e. they are dual-use…

5.6 Relation to the Federal Council Position Paper on CSR [page 12] The CSR position paper addresses a very broad spectrum of issues of relevance to corporate social responsibility. These include working conditions (including health safeguards), human rights, the environment, preventing corruption, fair competition, consumer interests, tax and transparency. Section 5.7.2 Operational principles: legislative and…

Section 5.7.3 The State-business nexus [page 22]:PI17 Human rights due diligence by federal businesses and federal government-associated businesses …Relations between government-associated enterprises and the Confederation are described in the federal government’s Corporate Governance Report. The Federal Council defines its strategic goals for related enterprises every four years. While these goals do not specifically contain criteria…