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Guiding Principle 14

The responsibility of business enterprises to respect human rights applies to all enterprises regardless of their size, sector, operational context, ownership and structure. Nevertheless, the scale and complexity of the means through which enterprises meet that responsibility may vary according to these factors and with the severity of the enterprise’s adverse human rights impacts.

Commentary

The means through which a business enterprise meets its responsibility to respect human rights will be proportional to, among other factors, its size. Small and medium-sized enterprises may have less capacity as well as more informal processes and management structures than larger companies, so their respective policies and processes will take on different forms. But some small and medium-sized enterprises can have severe human rights impacts, which will require corresponding measures regardless of their size. Severity of impacts will be judged by their scale, scope and irremediable character. The means through which a business enterprise meets its responsibility to respect human rights may also vary depending on whether, and the extent to which, it conducts business through a corporate group or individually. However, the responsibility to respect human rights applies fully and equally to all business enterprises.

What National Action Plans say on Guiding Principle 14

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PLANNED ACTIONS:

TNCs:

In the context of Action point 15, Intégrer le principe de « diligence raisonnable » au sein des organismes de gestion de l’entreprise, également en matière de droits de l’Homme [Incorporate the principle of “due diligence” into the management of the company, also in the terms of human rights] the NAP explains that “the OECD, and the EU, wants to make more non-financial information available. In this context, companies are encouraged to make public their policy on corporate ethics, social affairs, human rights, including, where applicable, in their supply chains, the human rights risks identified, their action plans to prevent any negative impacts and to remedy if necessary, and the measured impact of these action plans.” Alongside the federal government, the Wallonia, Flemish and Brussels governments are committed to encouraging the publication of non-financial reporting by large companies.

Action point 16, Promouvoir les rapports sociétaux, droits de l’Homme inclus [Promote social reporting, including human rights] is the main action point covering the issue of non-financial reporting. The NAP explains that given the adoption of the new EU directive 2014/95/EU, some larger companies will be required to disclose non-financial information in their annual report relating to the environmental, social and human resource issues, respect for human rights and the fight against corruption and bribery. Companies that meet the conditions for making such a non-financial statement but that do not have a policy on one or more of the above-mentioned issues will be required to provide a clear and reasoned explanation of the reasons for this choice and to include it in this non-financial reporting.

Belgium’s actions will include the firm transposition of the directive 2014/95/EU so that it is quickly and clearly established what is expected from companies as part of the non-financial reporting; consultion with stakeholders on this issue in collaboration with employers’ organizations, clear communication will be put in place to inform large companies about the new obligations that will enter into force from 2017 onwards; promoting within the European Commission on support measures, for large enterprises that are obliged to publish reports on this issue, as well as for small and medium-sized enterprises and other organizations that wish to do so on a voluntary basis.

SMEs:

Action point 19, Promouvoir les bonnes pratiques des PME qui adoptent une gestion de la chaine d’approvisionnement responsable, notamment grâce à l’outil « CSR Compass » [Promote best practice of SMEs that adopt responsible supply chain management, especially through the  « CSR Compass » tool], has a special focus on SMEs.

  • Actions from the government of Wallonia will include the promoting vis-à-vis companies the ready-made instruments, also covering the CRS compass. Concretely, this will involve setting up workshops for exchanges between companies of the same sector and the creation of a practical guide for SMEs wishing to improve the ethics in their supply chain.

On Action point 4, Promouvoir les initiatives qualitatives existantes relatives aux droits de l’Homme et à la responsabilité sociétale [Promote existing qualitative initiatives on human rights and social responsibility], the federal government explains that the Belgian National Contact Point will organize a seminar targeting the fight against corruption for SMEs with the provision of a practical toolbox prepared in partnership with the Belgian Confederation of Enterprises and the International Chamber of Commerce and the Ministry of Justice.

  • The Flemish government plans a sustained and sectoral approach to social responsibility as companies operating in the same sector face similar challenges. Thus in consultation with the sectoral organizations, the Flemish authorities
    will support these organizations and their members in order to sustain their value chains and management of their businesses. In 2016, the Department of Labor and Social Economy will launch a call for the reduction of the difficulties of individual organizations (SMEs, social profit and other organizations) for the determination or for taking social responsibility.
  • On the context of development of SMEs in South Africa, the NAP mentions that the strategy note aims at job creation through the development of SMEs. This priority is based on the recognition that the high unemployment rate in the labor force, especially among young people, is one of the most important underlying causes of inequality in South Africa. The collaboration between Flanders and South Africa therefore provides support services for SMEs in general and in the social economy sector in particular.
  • The Flemish government is funding the project ‘Job creation through SME Development – A knowledge sharing project’. This project has a duration of three years (ends December 2017) and has the objective of creating a better business climate for SMEs by taking initiatives to facilitate the creation and development of SMEs through knowledge exchange, coordination and collaboration between interested parties.

Action point 10, 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 [Belgium is committed to integrating human rights and corporate social responsibility (CSR) criteria into the local private sector development support strategy of Belgian cooperation] explains that strategy of the Belgian cooperation for development also aims at improving the access to financing for micro, small and medium-sized enterprises (MSMEs) and capacity building of MSME entrepreneurs. One of BIO’s purposes is to invest, directly or indirectly, in the development of MSMEs and social economy enterprises located in developing countries in the interest of economic progress and social security of these countries, while ensuring an adequate return.

On Action point 13, Renforcer et contrôler le respect des droits de l’Homme dans les marchés publics [Strengthen and monitor the respect for human rights in public procurement], the NAP states that the Flemish government intends to emphasize innovation, sustainability, professionalisation and access to SMEs within the Flemish public procurement plan for the period 2016-2020.

Action point 14, Evaluer le label belge visant à promouvoir la production socialement responsible [Evaluate the Belgian label to promote socially responsible production], presents “the Belgian label” that was a product label created in 2002 and promulgated by law to promote socially responsible production. While the plan includes a reevaluation of the law, such an assessment will take into account the specificity of SMEs both in the analysis and proposals.

On Action point 31, Mettre en avant les pratiques exemplaires des entreprises [Endorse best practice of businesses] the government of Wallonia mentions an engagement that will consist of publishing the initiatives developed by companies and on the other hand Walloon initiatives supporting the adoption of practices respecting human rights by SMEs.

Action point 32, Former les entreprises dans le domaine du respect des droits de l’Homme [Train companies in the field of respect for human rights] briefly mentions SMEs in the context of Wallonia’s engagement with educational and public policy initiatives. The NAP mentions that public policy initiatives may target intermediaries to ensure that human rights issues are permanently and actively integrated into education and training activities. In this respect, a link could be set up with the “training voucher” system of the Walloon Region. The aim of this system is to promote the training of workers engaged in SMEs or self-employed persons in the Walloon Region. To this end, they are invited by the Walloon Region to participate in training courses during or outside normal working hours.”

Read more about Belgium

[/accordion-item] [accordion-item title="Chile"]

The Chilean NAP does not make an explicit reference to GP14.

Read more about Chile

[/accordion-item] [accordion-item title="Colombia"]

The Colombian NAP does not contain a reference to GP14.

Read more about Colombia

[/accordion-item] [accordion-item title="Czechia"]

The Czech NAP does not contain a reference to GP14.

Read more about Czechia

[/accordion-item] [accordion-item title="Denmark"]

The Danish NAP does not contain a reference to GP14.

Read more about Denmark

[/accordion-item] [accordion-item title="Finland"]

Finland’s NAP makes no reference to GP14.

Read more about Finland

[/accordion-item] [accordion-item title="France"]

The French NAP does not contain a reference to GP14.

Read more about France

[/accordion-item] [accordion-item title="Germany"]

The German NAP does not contain a reference to GP14.

Read more about Germany

[/accordion-item] [accordion-item title="Ireland"]

The Irish NAP does not contain a reference to GP14.

Read more about Ireland

[/accordion-item] [accordion-item title="Italy"]

Italy’s NAP does not contain a reference to GP 14.

Read more about Italy

[/accordion-item] [accordion-item title="Lithuania"]

The Lithuanian NAP does not contain a reference to GP14.

Read more about Lithuania

[/accordion-item] [accordion-item title="Netherlands"]

The Netherland’s NAP makes no reference to UNGP 14.

Read more about Netherlands

[/accordion-item] [accordion-item title="Norway"]

3.2. Responsible Business Conduct

Which companies are the Guiding Principles targeting? [page 32]

The 14th principle states that the recommendations apply to all companies. However, it is clear that more is expected of companies with substantial resources. Relevance and context must also be taken into account.

A company’s capacity to act often depends on its size and whether or not it is one of a group of companies. The Guiding Principles assume that not all companies can be expected to have equally broad strategies and that each company must assess its own capacity.

Read more about Norway

[/accordion-item] [accordion-item title="Poland"]

The Polish NAP does not contain a reference to GP14.

Read more about Poland

[/accordion-item] [accordion-item title="Spain"]

The Spanish NAP does not contain a reference to GP14.

Read more about Spain

[/accordion-item] [accordion-item title="Sweden"]

2. The corporate responsibility to respect [page 13]

The conditions for companies’ efforts to respect human rights vary depending on their size, the countries and regions they operate in and their line of business, but the common goal is to prevent the companies’ activities from leading to human rights abuses, including the exploitation of children.

Read more about Sweden

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5. National Action Plan on Business and Human Rights 

5.5 Corporate responsibility [page 11]

The Federal Council expects business enterprises to fulfil their human rights responsibility in Switzerland and everywhere else they operate. Under the UN Guiding Principles on Business and Human Rights, the corporate responsibility to respect human rights applies to all business enterprises, regardless of their size, the sector to which they belong, their operating environment, ownership or structure.

Read more about Switzerland

[/accordion-item] [accordion-item title="United Kingdom"]

The UK 2013 NAP 

The UK 2013 NAP does not contain a reference to GP14.

The UK 2016 updated NAP 

The UK 2016 updated NAP does not contain a reference to GP14.

Read more about United Kingdom

[/accordion-item] [accordion-item title="United States"]

The US NAP does not contain a reference to GP14.

Read more about United States

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