Open course on strengthening “The Labour Dimension of National Action Plans on Business and Human Rights” concluded with nearly a thousand...

The first edition of the online open course on "The labour dimension of National Action Plans (NAPs) on Business and Human Rights (BHR)" concluded with a final webinar on 6 December 2024. The course was successful in bringing together close to 1000 participants from 140 countries to discuss the interlinkages between decent work, labour rights and NAPs on BHR.

The high number of participants underscored the growing global interest in the inter-relationship between labour rights and business-related human rights policies. The training aimed to achieve two key objectives: first, to clarify the connections between international labour standards, the United Nations Guiding Principles on Business and Human Rights (UNGPs), and NAPs on BHR; and second, to enhance the capacity of the Ministries of Labour, Employers' and Business Membership organizations (EBMOs) and Trade Unions to actively engage in the development, implementation, and monitoring of NAPs on Business and Human for enhanced policy coherence and impact.

The course provided a critical opportunity to reflect on the experiences of developing and implementing NAPs, in particular from a decent work perspective. Participants reviewed existing practices, explored new entry points for integrating labour rights and decent work priorities, and shared insights into how the development of NAPs and their implementation could be more impactful. This dialogue focused on ensuring that future NAPs effectively address the key aspects of labour rights protection within the broader framework of business and human rights.

The State duty to protect human rights

The course started with a comprehensive presentation on the State duty to protect human rights in business operations - Pillar 1 of the UNGPs - delivered by the Office of the United Nations High Commissioner for Human Rights (OHCHR). Governments are encouraged, as part of their duty to protect human rights, to develop National Action Plans on Business and Human Rights in an inclusive and participatory way. In this regard, NAPs provide an opportunity to foster dialogue and consensus on national priorities and the role of governments in fulfilling their duties under both Pillars 1 and 3 of the UNGPs.

Labour rights are human rights

Where it concerns labour rights, the business and human rights agenda is founded on international labour standards and the work of the ILO as the UN standard-setting organization in the world of work. Labour rights are human rights as international labour standards provide the internationally agreed rules of the game for States to protect human rights in the world of work and ensure their respect by business in their operations.

We regard the ILO as one of our most indispensable partners with respect to accelerating the implementation of the UN Guiding Principles globally and regionally. As articulated by previous speakers: labour rights are human rights. International labour standards provide frameworks for States to protect, promote, and give effect to human rights at work.

Ms Pichamon Yeophantong, UN Working Group on Business and Human Right

The ILO MNE Declaration and the UNGPs

One webinar provided a deep dive into the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration), emphasizing the distinct but complementary roles between governments, social partners and enterprises, and the coherence needed to foster an enabling environment for responsible business conduct (RBC).

The Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration) provides guidance on responsible and sustainable business practices for the achievement of decent work. Its guidance founded on international labour standards facilitates outreach and understanding of the Decent Work Agenda in the private sector.

The ILO MNE Declaration references the UNGPs in outlining the respective duties and responsibilities of States and enterprises on human rights and makes more explicit on what this means when it comes to protecting and respecting labour rights in business operations.

For the ILO MNE Declaration to realize its aims and objectives, the role of government is critical in ensuring a strong integrated policy, regulatory, and legal framework that supports and enables the realization decent work in business operations.

This includes strengthening State functions in areas such as labour administration and inspection, stimulating the realization of the fundamental principles and rights at work, ratification of ILO core conventions and putting in place a smart mix of accompanying policies, regulatory frameworks, transition to formality, social security systems, and policies for technical and vocational training, among others.

RBC related entry point for policy coherence on decent work

A webinar was dedicated to explore possible entry points from a government and policy framework perspective to further drive and promote respect for labour rights and responsible and sustainable enterprises.

It illustrated how respect for labour rights and promotion of RBC are increasingly being discussed within the context of trade and investment agreements. Increasingly, these agreements feature specific chapters, provisions, or clauses addressing these issues. The session also explored the alignment and coherence between NAPs on child labour, forced labour or occupational safety and health, often adopted in follow-up to ILO Conventions, and NAPs on Business and Human Rights. Additional opportunities were discussed, including the role of public procurement, investment policies, and other policy frameworks.

Moving towards the conclusion of the training, the Bureau for Employers' Activities (ACTEMP) highlighted the critical importance of social dialogue and the role of employers' organizations in the development of national policies and national action plans. The Bureau for Workers' Activities (ACTRAV) echoed this message while inviting governments to acknowledge the important role of trade unions in addressing business and human rights issues, formulating priorities for action, and monitoring impact.

We wish to stress the importance of involving Ministries of Labour and the most representative organizations of employers and workers in the development and implementation of NAPs on Business and Human Rights. They have a key role to play in ensuring coordination and coherence with policies that relate to the world of work and labour rights.

Ms Githa Roelans, Multinational Enterprises and Responsible Business Conduct Unit, ILO

Key Takeaways

The training unpacked the central role of the ILO's normative framework, the challenges emerging from the world of work, and the significant contributions of ILO partners (governments and social partners) in shaping the development and implementation of National Action Plans on Business and Human Rights. By embedding labour rights into NAPs, governments can strengthen their commitment to protect human rights while fostering an environment that promotes decent work and responsible business practices.

The ILO provides a range of tools and resources to guide governments, social partners and businesses in this process, notably the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. This instrument serves as a key reference for advancing the decent work agenda within the broader framework of business and human rights.

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