26 September 2018 Kharkiv Ukraine Dirk Hoffmann Senior Advisor Danish Institute for Human Rights National Human Rights Institution Established 1987 by Danish Parliament private sector mandate affirmed under 2012 act ID: 800527
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Slide1
National Action Plans on BUSINESS AND HUMAN RIGHTS
26 September 2018,
Kharkiv
, Ukraine
Dirk Hoffmann
Senior Advisor, Danish Institute for Human Rights
Slide2National Human Rights Institution
Established 1987 by Danish Parliament (private sector mandate affirmed under 2012 act)
100 staffWorks with government, civil society and business+30 countriesHuman Rights and Business since 1999
the DANISH INSTITUTE FOR HUMAN RIGHTS
Slide3Human rights and business at the United Nations
UN Special Representative on Business and Human Rights
2005 - 2008:
Protect, Respect, and Remedy Framework
2008 - 2011:
UN Guiding Principles
2011-2015:
UN Working Group
Slide4A national action plan on business and human rights (NAP) is a document in which a State defines the actions that it will undertake to implement the UN Guiding Principles
What is a national action plan on business and human rights?
Slide5WHY NAPs?
NAPs are a standard tool for governments to coordinate and prioritise actions on a topic
The purpose of a NAP is to:Review a country’s needs and actions Raise awareness and mobilise action –internally and externally
Set measurable and achievable targets
Promote linkages and coherence
Slide6SUPPORT FOR
NAPs - INTERNATIONAL
European UnionCouncil of EuropeOrganisation of American States
UN Human Rights Council (
UNHRC
)
UN Working Group on Business and Human Rights (
UNWG
)
UPR RecommendationsOECDG7/G20International Organisation of Employers (IOE)
Slide7Who
is Nap-ing?
Slide8NAP
s guidance –
processGovernment leadership and ownershipTerms of reference, timeline and resourcesStakeholder participation
Transparency
National baseline assessment (NBA)
Framework for implementation and monitoring
Slide9NAP GUIDANCE STEPS
NAPs
are carried out by States, in consultation with other stakeholders.
Phase 1: Initiation
Phase 2: Assessment & Consultation
Phase 3: Draft initial NAPPhase 4: ImplementationPhase 5: Update
napS guidance – STEPS
Slide10NAP GUIDANCE STEPS
NAPs
are carried out by States, in consultation with other stakeholders.
Phase 1: Initiation
Phase 2: Assessment & Consultation
Phase 3: Draft initial NAPPhase 4: ImplementationPhase 5: Update
napS guidance – STEPS
National Baseline Assessment
Slide11A National Baseline Assessment (NBA) is a study carried out at the beginning of the NAPs process that
identifies
the current state of UN Guiding Principles implementation
Why a National Baseline Assessment?
Comprehensive analysisQualitative and quantitative informationIndicators approach allows tracking performance between countries and over time
Identifies gaps in law and performance
National baseline assessment
Slide12ICAR
“shadow” NBA to the US NAP process.
The
Fafo
Institute was commissioned by the Government to conduct a mapping and gap analysis for the
Norwegian
NAP.
Diego Portales University was commissioned by the Chilean Government to conduct a NBA for the Chilean
NAP.The German Institute for Human Rights was commissioned by the Government to conduct a NBA for the German NAP.PODER published a “shadow” NBA for Mexico.NATIONAL BASELINE ASSESSMENT AS PART OF NAP
PROCESSThe Kenya National Human Rights Commission is working on a NBA to feed into the NAP.The University of St. Andrews conducted an NBA for Scotland.
Slide13The University of Pretoria has published a “shadow” NBA for
South Africa
.
Zambia
Human Rights Commission released NBA.
ALTSEAN
Burma will publish a “shadow” NBA for
Myanmar/Burma in the coming year.
UDEFEGUA will publish a “shadow” NBA for Guatemala in the coming year.NATIONAL BASELINE ASSESSMENTTO ENCOURAGE NAPSerbia: The Belgrade Centre for Human Rights published an NBA in 2016.
Slide14What
should a NAP
contain?Full scope of UNGPsTerritory and jurisdiction
Focus on key issues and vulnerable groups
Action points – SMART (specific, measurable, achievable, relevant, and time-bound)
Regulatory mix
Slide15BENEFITS
Accountability of duty-bearers
Participatory process
Empowerment of impacted communities/focus on vulnerable groups
Identifies root causes of human rights violations
Opportunity for human rights education and advocacy – momentumGaining international recognition
Support the State in international negotiations
CHALLENGES
Overlap with existing Action Plans
Could postpone action by States
States may use NAPs to promote existing efforts, rather than make future commitments
Issues that require international cooperation
BENEFITS AND CHALLENGES
Slide16NAP TRENDS – positives
Explicit support for
UNGPsNew (soft) measures – all 3 pillarsCross-governmental Increased stakeholder participation Quasi-baseline exercises
Competitive dynamics
Slide17Evaluating NAPs – challenges
Action-orientation
Legal measures Pillar 3Participation and at-risk/vulnerable groupsTransparency Resources
Follow-up framework/mechanisms
Slide18NAPs – looking ahead
Peer review at regional level – EU, OECD, COE…
Sustainable development agenda UN human rights mechanisms
Slide19Resources and guidance
Slide20www.globalnaps.org
Slide21Guiding questions
Who could lead such a process?
How do you engage civil society/businesses/government/other key stakeholder in the process?What are key priority areas for a NAP?What are potential obstacles? (e.g. human rights capacity; attitude towards the process)What support is needed, and where can you get it?
WHAT COULD A NAP PROCESS FOR UKRAINE LOOK LIKE?
Slide22Thank You!
Dirk Hoffmann
diho@humanrights.dk