Menschenrechte Aktionsplan en
Menschenrechte Aktionsplan en
Menschenrechte Aktionsplan en
15 January 2020
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Table of contents
1 Introduction ................................................................................................................................. 3
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1 Introduction
The pursuit of economic interests and respect for human rights can be mutually supportive. Business
can strengthen human rights by delivering practical solutions to local problems. Innovative
communication technologies developed by free market economies like Switzerland bolster free speech,
while corporate investments create jobs and improve living conditions. Swiss companies lead the way
on sustainable development and the promotion of global prosperity. They increasingly regard
responsible business conduct as an integral part of good corporate governance and devote more
attention to the issue of human rights. This approach not only boosts their productivity and market
positioning but also helps businesses mitigate potential risks to their reputation. Switzerland’s
commitment stems from its firm belief that the fulfilment of human rights is essential for sustainable
economic, social and environmental development.
The UN Guiding Principles on Business and Human Rights (referred to below as the ‘UN Guiding
Principles’) sets out States' obligations and corporate responsibility with regard to the impact of business
activities on human rights. In 2016, the federal government adopted a four-year National Action Plan
(NAP) detailing how Switzerland intended to implement the UN Guiding Principles. This action plan is
an updated version of the original NAP and covers the 2020–23 period. It builds on the outcomes and
achievements of the first implementation phase (2016–19). These include the tools, brochures,
guidance and multi-stakeholder initiatives which have supported action taken by business enterprises
based and/or operating in Switzerland to implement the UN Guiding Principles. Despite this upward
trend, companies have yet to firmly anchor these principles in their business activities, particularly in
their operations abroad. In addition, progress on human rights due diligence and on the introduction of
grievance mechanisms has been slow, and putting the UN Guiding Principles into practice is particularly
challenging for SMEs. The updated National Action Plan takes account of these and other challenges
by setting out a series of concrete measures to advance the implementation of the UN Guiding Principles
by the federal government and companies.
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1.1 UN Guiding Principles on Business and Human Rights
The UN Guiding Principles were unanimously adopted by the Human Rights Council in 2011. These
principles are internationally recognised and clarify the complementary roles of States and business
enterprises in safeguarding and respecting human rights in the context of business activities. They also
help to level the international playing field.
The 31 Guiding Principles are based on three pillars: 1) the State duty to protect the population from
human rights abuse by private actors, including business enterprises; 2) corporate responsibility to
respect human rights, including the exercise of due diligence; and 3) the responsibility of States and
business enterprises to ensure those affected by human rights abuses have access to effective remedy.
The Federal Council recognises the duty of States to ensure that business enterprises based and/or
operating in Switzerland respect human rights. It is therefore committed to the prevention, mitigation
and remediation of business-related human rights abuse. The federal government believes that it should
support business enterprises in implementing the UN Guiding Principles, create appropriate incentives,
encourage business enterprises to respect human rights, and enforce applicable laws. Corporate
responsibility to respect and uphold human rights (Pillar 2) complements federal government efforts.
The Federal Council has formulated measures to facilitate the implementation of Pillar 2. The State can
employ binding and non-binding instruments to fulfil its duty to protect and, in particular, support and
promote corporate initiatives.
Under the UN Guiding Principles on Business and Human Rights, corporate responsibility to respect
human rights applies to all business enterprises, regardless of their size, sector, operating environment,
ownership and structure. Business enterprises that are particularly exposed to human rights risks should
develop internal policies and procedures for exercising human rights due diligence in their sphere of
activity. Their precise form will depend on factors such as the size of the company, the nature of its
business, the sector in which it operates, and the geographical scope of its operations.
The Federal Council expects business enterprises based and/or operating in Switzerland to fulfil their
human rights responsibilities wherever they operate and to carry out human rights due diligence. Swiss
companies must therefore ensure that their business operations have no adverse human rights impacts.
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As indicated in the UN Guiding Principles, it is nevertheless important to ensure that the administrative
burden associated with human rights due diligence is proportional to the human rights risks to which the
business enterprise is exposed. The management of potential human rights risks often poses a
considerable challenge for SMEs given that they have limited human, financial and technical resources.
The 2020–23 NAP responds to the challenges that SMEs specifically face by affording them greater
flexibility in terms of implementation so that the associated administrative burden and costs they incur
are not disproportionately high.
1 The Commodity Trading Sector – Guidance on Implementing the UN Guiding Principles on Business and Human Rights
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Bestandsaufnahme über die Umsetzung der UNO-Leitprinzipien für Wirtschaft und Menschenrechte durch den Bund und durch
Schweizer Unternehmen (14.12.2018), (Review of the implementation of the UN Guiding Principles on Business and Human
Rights by the federal government and Swiss companies), by external consultants twentyfifty Ltd (in German).
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Report by the FDFA and EAER to the Federal Council, 14 December 2018: Report on the UN Guiding Principles on Business
and Human Rights: state of implementation by the Confederation and Swiss companies (in German).
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policies to be consistent and that consistency in its approach to the business community is also
extremely important.
The Federal Council’s Action Plan on corporate social and environmental responsibility (referred to
below as the CSR Action Plan) 4 covers a wide range of topics, including working conditions, human
rights, the environment, anti-corruption measures, fair competition, consumer interests, taxes and
transparency. The NAP and the CSR Action Plan are complementary instruments: they focus on
different sets of issues but reference one another. Given the highly complex challenges involved and
the need for targeted awareness-raising efforts, the Federal Council believes that the issue of business
and human rights warrants a stand-alone action plan. The 2020–23 NAP therefore spells out the federal
government’s commitment to business and human rights, and articulates the priority actions and
measures put forward by the Federal Council in support of Switzerland’s implementation of its national
and international obligations and commitments with regard to the implementation of the UN Guiding
Principles. The Swiss NAP meets UN good practice criteria. 5
Other federal government strategies and reports also deal with corporate social responsibility and the
issue of business and human rights. 6 Incorporating the UN Guiding Principles within these documents
helps ensure consistency between economic and human rights policies.
The NAP assists Switzerland in its efforts to achieve the goals set out in the 2030 Agenda for Sustainable
Development, specifically Goal 8: Promote sustained, inclusive and sustainable economic growth, full
and productive employment and decent work for all; Goal 12: Ensure sustainable consumption and
production patterns; and Goal 16: Promote peaceful and inclusive societies for sustainable
development. The NAP also contributes to the broader efforts to implement the federal Sustainable
Development Strategy 2030. The UN Guiding Principles provide the main framework for activities in the
business and human rights sphere.
A clean, healthy and sustainable environment is integral to the full enjoyment of human rights. Pollution,
for example, can have an adverse impact on health and well-being, which is a violation of the rights laid
down in human rights conventions. While the ‘Green Economy’ report explicitly addresses the economy–
environment link7, the CSR Action Plan sets out cross-cutting thematic instruments rather than focusing
specifically on this issue.
With regard to the commodities sector, the Federal Council report ‘Swiss Commodities Sector: Current
Situation and Outlook’8 concludes that challenges remain, particularly in relation to human rights and
environmental protection. Specific measures were established with the aim of strengthening the
integrity, sustainability and respect for human rights by the Swiss commodities sector; these were the
subject of a separate report by the Interdepartmental Platform on Commodities.9
4Corporate Social Responsibility – Position Paper and Action Plan of the Federal Council on Corporate Social and Environmental
Responsibility, 2015, www.csr.admin.ch.
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UN Working Group on Business and Human Rights: Guidance on National Action Plans on Business and Human Rights.
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cf. The Sustainable Development Strategy; Dispatch on Switzerland’s International Cooperation; foreign policy report; foreign
economic policy report; FDFA Human Rights Strategy; Swiss Guidelines on the Protection of Human Rights Defenders, and the
national action plan against human trafficking. The UN Guiding Principles are also cited in other Federal Council reports, including
the Federal Council Report dated 14 September 2018 entitled 'Business and human rights: comparative analysis of access to
non-judicial and judicial remedies' (de, fr); the Federal Council Report dated 14 November 2018 on gold trading and human rights
(de), and the Federal Council Report dated 30 November 2018 entitled 'The Swiss Commodities Sector: Current Situation and
Outlook' (cf. below).
7Report by the FOEN dated 20 April 2016 'Economie verte – Mesures de la Confédération pour préserver les ressources et
assurer l’avenir de la Suisse' (Green economy – Federal government measures to conserve resources and safeguard
Switzerland's future' – in French).
8 Swiss Commodities Sector: Current Situation and Outlook, Federal Council Report, 30 November 2018.
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The platform is chaired by the Federal Department of Foreign Affairs (FDFA), the Federal Department of Finance (FDF) and the
Federal Department of Economic Affairs, Education and Research (EAER) and brings together the FCA, the HSD, the SDC,
FEDPOL, FINMA, the SFOE, the FOEN, the FOJ, SECO and SIF.
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2 National Action Plan on Business and Human Rights
2020-23
The NAP sets out how Switzerland intends to implement the UN Guiding Principles and is based on a
clearly defined international framework. It was produced in response to a postulate.10 By means of 35
key measures, the NAP aims to strengthen the protection of human rights in relation to economic
activities undertaken by the federal government and Swiss companies. The federal government has
defined the following priority actions for the next few years:
Communication
- clarification of what the federal government expects from the corporate sector;
- enhanced dialogue with the private sector;
- creation of a business and human rights forum.
Policy coherence
- awareness-raising among federal government-associated businesses;
- better interdepartmental cooperation;
- inclusion of objectives and indicators for all policy instruments.
The revised NAP now includes a Pillar 2 setting out the support measures to be put in place by the
federal government in relation to corporate responsibility to respect human rights. Although a growing
number of business enterprises, which are based and/or operate in Switzerland, now give due
consideration to human rights in relation to their activities, challenges remain. Despite their good
intentions, it is more difficult for Swiss companies to ensure that human rights are respected throughout
their production chain, especially if they import goods and services from abroad. For this reason, the
2020–23 NAP focuses more on the business activities of Swiss companies abroad than on domestic
business operations.
The NAP is structured around the 3 pillars of the UN Guiding Principles (see section 1.1). As well as
formulating measures and objectives for each pillar, the revised NAP includes indicators to measure the
level of implementation and improve outcome transparency.
Guiding Principles 1 to 3
The UN Guiding Principles do not impose any new duties on the State. Rather, they provide more
specific detail on how the existing duty to protect human rights also applies to businesses. Of key
importance to the UN Guiding Principles are the UN’s international conventions on human rights, the
ILO core conventions, and the relevant provisions of the European Convention on Human Rights. States
must protect against human rights abuses within their territory and/or jurisdiction by third parties,
including business enterprises. The duty to protect is based on Switzerland’s existing obligations under
international law. The Federal Council regards the prevention of human rights abuses by Swiss
companies and ensuring access to effective remedy as integral to its State duty to protect.
10 Postulate 12.3503, Alec von Graffenried, 14 December 2012: Une stratégie Ruggie pour la Suisse.
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2.1.2 Operational principles: legislative and information policy measures
Respect for human rights is laid down in the Federal Constitution. 11 To an extent appropriate to the
attendant risks, the federal government exercises its influence in the form of non-legally binding and,
where necessary, legally binding instruments to encourage and require business enterprises to respect
human rights.
Swiss legislation does not require companies to carry out human rights due diligence. In response to
the popular initiative ‘Responsible Business – Protecting Human Rights and the Environment’, the
Federal Council proposed submitting it to the people (referendum), without a counter-proposal. It
advised voters to reject the initiative, explaining that it prefers a coordinated approach at the international
level and the use of existing instruments, specifically the national action plans on the subjects covered
by the popular initiative (NAP on Business and Human Rights, Corporate Social Responsibility (CSR)
Action Plan and the ‘Green Economy’ report). On 14 June 2018, the National Council tabled an indirect
counter-proposal, which is still being debated in parliament. The Federal Council is monitoring the
debates, as well as international developments, emerging legislative trends on corporate human rights
due diligence and the implementation of the UN Guiding Principles by businesses. Of particular interest
are legislative changes in the EU regarding the mandatory reporting of non-financial information. 12
Measure 13 of the 2020–23 CSR Action Plan provides for the development of a consultation draft on
sustainability reporting based on the EU directive.
Any rules governing business and human rights should enjoy broad stakeholder support and the Federal
Council needs to ensure that Switzerland is not placed at a disadvantage in comparison with the
international community.
The federal government intends to implement UN Guiding Principles 1 to 3 by taking the following
measures:
Measure 1 Rules on the export of war material and technologies for internet surveillance
The manufacture, brokerage, export and transit of war material for recipients abroad will be authorised
if this is not contrary to international law, international obligations and the principles of Swiss foreign
policy.13 The decision on whether or not to issue authorisation for a foreign transaction must abide by
the criteria laid down in the War Material Ordinance. 14 Among the domestic factors that inform this
decision is whether the country of destination respects human rights. If the country of destination violates
human rights in a systematic and serious manner, it is imperative that the export licence be denied.
However, authorisation might still be granted in exceptional cases if there is a low risk that the exported
war material will be used to commit serious violations of human rights.
Technologies for internet and mobile communication surveillance (goods, technology and software) can
be used for both civilian and military purposes, i.e. they are dual-use goods. As such, they can be an
element in state repression, thereby exposing the business enterprises that manufacture or trade in
them to an increased risk of becoming involved in human rights abuses. The export or brokerage of
technologies for internet and mobile communication surveillance is governed by the Ordonnance sur
l’exportation et le courtage de biens destinés à la surveillance d’Internet et des communications mobiles
(Ordinance on the export and brokerage of technologies for internet and mobile communications
11
Article 35 of the Federal Constitution (Cst.) provides that fundamental rights (Art. 7 ff. Cst.) must be upheld throughout the legal
system. Article 54 Cst. sets out the federal government’s foreign policy objectives, including, in particular, alleviating need and
poverty and promoting respect for human rights and democracy. Article 2 Cst. provides that the Swiss Confederation shall protect
the liberty of the people and promote the common welfare and sustainable development of the country.
12 cf. Directive 2014/95/EU of the European Parliament and of the Council as regards disclosure of non-financial and diversity
information by certain large undertakings and groups.
13
War Material Act (WMA SR 514.51)
14 War Material Ordinance (WMO; SR 514.511)
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surveillance).15 A licence to export or to broker such goods must be refused if there is reason to believe
that the exported or brokered good will be used by the final recipient as a means of repression.
Implement legal provisions on the transfer of Report on Federal Council activities to the EAER
controlled goods with a view to ensuring that parliamentary Control Committees detailing
international law and, in particular, human rights are exports of war material, and the foreign economic
respected. policy report that includes an appendix listing all
goods exported under the Goods Control Act.
Switzerland and the ICRC were the driving force behind the Montreux Document on private military and
security companies. 17 The purpose of the intergovernmental document is to promote respect for
international humanitarian law and human rights by private military and security companies (PMSCs)
operating in situations of armed conflict.
Switzerland is a member of the Voluntary Principles on Security and Human Rights initiative and
contributes to its development. This initiative is targeted at companies in the extractive sector and offers
them guidance on maintaining the safety and security of their operations within a framework that ensures
respect for human rights, especially when private and/or public security providers are also involved.
Switzerland is an active member of the Steering Committee and assumes the chair on a rotating basis.
It is also committed to the application of the Voluntary Principles in the field and works to expand
membership of the initiative.
Ensure that business enterprises subject to the Annual Federal Council reports on FDFA
Federal Act on Private Security Services Provided implementation of the Federal Act on Private
Abroad uphold their human rights obligations. Security Services Provided Abroad.
Concrete examples of initiatives to promote the
protection of human rights by private security
providers.
15
Goods Control Act (GCA; SR 946.202) and Ordinance on the export and brokerage of technologies for internet and mobile
communications surveillance (OSIC; SR 946.202.3).
16
Federal Act on Private Security Services Provided Abroad (PSSA; SR 935.41).
17
The Montreux Document on the relevant legal obligations and best practices of States with respect to private military and
security companies operating in situations of armed conflict.
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Measure 3 Promotion of UN Guiding Principles
The Federal Council will develop a business and human rights communications strategy 18 that promotes
the UN Guiding Principles and sets out in clear terms what it expects from companies and management
in this regard. The strategy will comprise:
This communication strategy aims to raise awareness and advance the implementation of the UN
Guiding Principles by the Federal Administration (policy coherence), the business community and the
general public.
Improve knowledge and implementation of the UN Number of participants at awareness-raising and FDFA, EAER
Guiding Principles. other events.
Support research and academic input on the Research published by the centre that offers FDFA
subject of business and human rights. solutions (business models) for companies in
ensuring respect for human rights.
The federal government works with international sports bodies based in Switzerland (including the
International Olympic Committee), with sponsors, NGOs, international organisations and other
governments to implement the UN Guiding Principles in the context of major sporting events and in sport
generally. It also launched a multi-stakeholder dialogue which culminated, in 2018, in the creation of the
Centre for Sport and Human Rights. The mission of the Geneva-based centre is to prevent, mitigate and
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ensure effective remedies for sports-related human rights abuses. The FDFA will support this initiative
in coordination with the Federal Office of Sport.
The federal government also backs multi-stakeholder initiatives that focus on human rights issues in
sectors such as textiles, cocoa and gold. As these initiatives cover other subjects such as corruption
and the environment, they are dealt with in Measure 10 of the 2020–23 CSR Action Plan.
Support multi-stakeholder initiatives on business Federal government support for at least two FDFA, EAER
and human rights projects launched as part of multi-stakeholder
initiatives.
Companies should take on board the concerns of stakeholders, including human rights defenders, who
may be affected by their activities. They also should not obstruct the legitimate and peaceful work of
HRDs. Business enterprises can contribute to protecting human rights defenders by raising the matter
with the authorities. As part of its State duty to protect, Switzerland supports the work of HRDs and is
committed to ensuring that they are protected against unfair treatment, threats and violence, including
abuses committed by private companies. The FDFA’s guidelines on human rights defenders 20 are
intended to raise awareness among Swiss representations abroad about their role and the resources
available to them.
Protect human rights defenders working on Concrete example of Swiss support for human FDFA
business-related human rights issues. rights defenders.
Measure 7 Reduction in human rights risks associated with gold extraction and trading
At the end of 2018, the Federal Council adopted a report setting out a range of measures designed to
improve the traceability of gold imported to Switzerland, strengthen multi-stakeholder dialogue and
expand development cooperation on responsible gold production. 21
The measures aim to improve the collection and publication of information on the sources of gold
imported in Switzerland, and increase transparency not only regarding the risk assessments conducted
by the industry but also regarding its human rights due diligence. The federal government will take steps
to promote best practices and examine the possible use of blockchain technologies to improve
traceability in the gold industry.
Switzerland will continue to support the implementation of OECD Due Diligence Guidance for
Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas and other relevant
guidelines. As recommended in the above report, it will explore the possibility of granting the Central
Office for Precious Metals Control wider responsibilities, including with respect to transparency on the
provenance of gold imported to Switzerland.
20
Swiss Guidelines on Human Rights Defenders
21
Federal Council Report on gold trading and human rights dated 14 November 2018 (in German).
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Objective Indicator Responsibility
Prevent human rights risks associated with gold A number of recommendations in the Federal FDFA, FDF,
extraction and trading. Council Report on gold trading and human rights EAER, FDHA
have been implemented.
The federal government supports the Roundtable on Human Rights in Tourism assessment of human
rights impacts along the tourism value chain. This project, which will initially focus on Thailand, adopts
a multi-stakeholder approach and seeks to develop practical guidelines for the tourism industry as a
whole.
The World Tourism Organization (UNWTO) plays a key part in implementing the UN Guiding Principles
in the tourism sector. For example, it has developed and adopted a Global Code of Ethics for Tourism,
which acknowledges respect for human rights as a fundamental principle. 22 As a member of the
UNWTO, the federal government is committed to actively promoting implementation of the UN Guiding
Principles by the tourism industry.
Promotion of the implementation of UN Guiding Guidelines for the tourism industry. FDFA, EAER
Principles by the tourism industry.
Example of Switzerland’s contribution to multilateral
standards/recommendations.
Guiding Principles 4 to 5
Given the federal government's direct influence on the activities of federal government-associated
businesses, it has a particular obligation to ensure that these companies respect human rights, for
example by conducting human rights due diligence. It also expects federal government-associated
businesses23 to have in place human rights best practices.24
22
cf. http://ethics.unwto.org/en/content/global-code-ethics-tourism
23
Federal government-associated businesses mean entities which have been hived off from the federal government and are
managed by means of strategic goals as described in Art. 8 para. 5 of the Government and Administration Organisation Act
(GAOA; SR 172.010).
24
Cf. activities set out in the report Responsabilité sociétale des entreprise (RSE): Exemplaire, la Confédération? (Corporate
Social Responsibility (CSR): does the federal government lead by example? – in French), 30 November 2018. Cf. also Measure
9 of the 2020–23 CSR Action Plan.
25
Cf. OECD Guidelines on Corporate Governance of State-Owned Enterprises.
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To advance the implementation of UN Guiding Principles by federal government-associated businesses,
interdepartmental coordination must be stepped up. Failure by these entities to meet international
standards on human rights due diligence could pose a reputational risk to the federal government. The
Federal Council therefore intends to assist federal government-associated businesses in playing a lead
role by raising awareness of human rights due diligence and promoting the exchange of best practices,
particularly with regard to risk management, monitoring and public reporting. This optional measure is
geared primarily towards federal government-associated businesses which work with suppliers and
business partners abroad.
The federal government may also run optional training sessions on UN Guiding Principles and human
rights due diligence for the members of boards of directors and senior management of federal
government-associated businesses.
Assist federal government-associated businesses Examples of human rights due diligence exercised FDF, EAER,
in taking a lead role and encourage them to put in by federal government-associated businesses. DETEC
place human rights due diligence procedures.
At least one training session held for federal
government-associated businesses.
Measure 10 Human rights due diligence by business enterprises covered by Swiss Export
Risk Insurance (SERV) and supported by Switzerland Global Enterprise (S-GE)
The OECD Recommendation of the Council on Common Approaches for Officially Supported Export
Credits and Environmental and Social Due Diligence 26 is constantly being updated and developed.
Switzerland contributes to this process. The guidelines are intended, among other things, to provide
greater protection against business-related human rights abuses, and they are widely recognised as
constituting an international standard by export credit agencies and export risk insurance providers.
The SERV Ordinance27 (as amended) expressly requires insurance applicants to disclose human rights-
related information. Unlike many other export credit agencies, SERV does not grant export credits, i.e.
engage in direct lending, but solely provides insurance and guarantees, i.e. pure cover. SERV does not
provide cover or accept liability in respect of claims relating to projects that do not meet international
human rights standards because of the insured party's activities.
Switzerland Global Enterprise (S-GE) works on behalf of the federal government and the Swiss cantons
to promote exports and attract companies to Switzerland. It helps companies exploit new international
markets, thus promoting Switzerland's as a business location. S-GE has a Code of Conduct28 which is
intended to ensure that its staff are not implicated in human rights abuses by Swiss companies. If S-GE
determines that a company has committed a human rights abuse, it will decline the mandate in question.
A rights-aware approach in all export promotion Human rights due diligence by SERV (source: EAER
activities. report to Federal Council on the achievement of
strategic objectives). Verification of compliance with
Code of Conduct (source: S-GE monitoring report
submitted to the EAER).
26
https://www.oecd.org/trade/topics/export-credits/environmental-and-social-due-dilligence/
27
Ordinance on Swiss Export Risk Insurance (SERIO; SR 946.101)
28
https://www.s-ge.com/en/code-conduct
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Measure 11 Human rights due diligence by public-private development partnerships
As laid down in the Code of Conduct for Contractual Partners of the FDFA29, respect for human rights
and gender equality are two of the values which should be promoted in the interests of Switzerland. All
individuals, companies or other entities that work with the FDFA are required to contribute to the
promotion of these values and to act in accordance with them, and with the legal order. The Code of
Conduct outlines the attitude and behaviour that the FDFA expects from its contractual partners
(suppliers of goods and services, consultants, contractors, organisations responsible for implementing
projects and/or recipients of contributions, etc.) in Switzerland as well as abroad. The Code of Conduct
is binding and forms an integral part of all agreements between the FDFA and its partners.
The Swiss Agency for Development and Cooperation (SDC) Risk Assessment for Partnerships with the
Private Sector 30 takes into account the impact that these partnerships could have on human and
employment rights, government structures and the environment. Consequently, the federal government
will not work with partners which have repeatedly been involved in human rights abuses or cannot
provide cogent evidence that they have substantially reduced their exposure to human rights risks.
For the purpose of implementing these guidelines, the federal government may work with external
providers in carrying out a detailed risk assessment if this can reasonably be required for the partnership
in question. The federal government also ensures that it does not enter into any public-private
development partnerships with business enterprises which refuse to cooperate with the National Contact
Point for the OECD Guidelines for Multinational Enterprises.31
The federal government is currently working with other donors on a risk management model for public-
private development projects. The outcome of this process, which takes place within the framework of
the Private Sector Engagement Working Group of the Donor Committee for Enterprise Development
(DCED), could necessitate amendments to the SDC Risk Assessment for Partnerships with the Private
Sector.
Prevent human rights risks in public-private A tangible example that the SDC Risk Assessment FDFA, EAER
development partnerships. guidelines have been implemented, including a
human rights risk assessment, prior to entering into
a new public-private development partnership.
Guiding Principle 6
The federal government is committed to ensuring that the value chains of goods purchased by the public
sector are free of human rights abuses. It promotes respect for human rights by business enterprises
with which they conduct commercial transactions.
Measure 12 Criteria under the core ILO conventions in public procurement at federal level
The Federal Council attaches great importance to sustainable public procurement practices. Public
procurement practices in Switzerland are governed by the Federal Act on Public Procurement (PPA)
and the Ordinance on Public Procurement (PPO). 32 The PPA stipulates that the federal government
must, as a minimum, monitor compliance with the core ILO conventions where goods and services are
29
https://www.eda.admin.ch/eda/en/fdfa/fdfa/auftraege/informationen-downloads/contract-documents-fdfa.html
30
cf. SDC Risk Assessment for Partnerships with the Private Sector: Facilitating Decision-Making to Engage with Private Partners
and Encouraging Dialogue on Critical Development Issues Related to SDC's Values and Objectives, March 2015.
31
https://www.seco.admin.ch/seco/en/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarbeit/Wirtschaftsbeziehungen/N
KP.html
32 Public Procurement Act (PPA, SR 172.056.1) and Public Procurement Ordinance (PPO, SR 172.056.11).
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to be supplied abroad. The contracting authority may require bidders to comply with other core
international labour standards, provide proof of compliance, and agree to audits.
The Public Procurement Act is currently being revised in line with changes to the WTO Agreement on
Government Procurement (GPA) 2012. The PPA (as amended) will include all three pillars of
sustainability – economic, environmental and social. Accordingly, the principle of sustainable public
procurement will govern the interpretation and implementation of the PPA and the PPO. In its
recommendations on sustainable procurement, the Federal Procurement Conference specifically calls
for social, environmental and economic factors to be taken into account, including the human rights
criteria covered by the core ILO conventions. It also recommends that sustainability criteria be reflected
in award procedures.
The federal government will also explore the option of creating a national platform to promote
sustainable public procurement practices and facilitate information-sharing between the different levels
of government.
Promote sustainable public procurement practices The possibility of creating a national platform for FDF, DETEC,
and information-sharing between the different sustainable public procurement was explored. EAER
levels of government.
Guiding Principle 7
Given the heightened risk of human rights abuses in conflict-affected areas, States should help ensure
that business enterprises operating in those contexts are not involved in such abuses or lead State
entities to commit human rights violations. The federal government expects companies operating in
conflict-affected and high-risk areas to conduct due diligence in a way that takes local circumstances
into account. This requires the adoption of a conflict-sensitive approach based on human rights and
observance of the ‘do no harm’ principle (consideration of problems intrinsic to fragile contexts).
Measure 13 Guidelines on human rights due diligence in conflict-affected and high-risk areas
Guidelines on human rights due diligence in conflict-affected and high-risk areas have been drawn up
at international level and adopted by various OECD members. The Federal Council works at
international level to advance the development, promotion and implementation of global standards.
Switzerland also supports the implementation of the OECD Due Diligence Guidance for Responsible
Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.33 It is also a member of the multi-
stakeholder group that manages the implementation, dissemination and continued development of
these guidelines. The OECD Due Diligence Guidance is aimed primarily at companies involved in the
extraction and trading of commodities in conflict-affected and high-risk areas, but it also applies to
manufacturers of products containing minerals which operate in the downstream value chain and are
required to exercise due diligence.
In addition, the federal government supports a project led by the UN Working Group on Business and
Human Rights that aims to clarify the practical steps that companies, investors and States should take
to prevent and combat business-related human rights abuses in conflict, post-conflict and fragile
contexts.34
33
Cf. https://www.oecd-ilibrary.org/governance/oecd-due-diligence-guidance-for-responsible-supply-chains-of-minerals-from-
conflict-affected-and-high-risk-areas_9789264111110-en
34
https://www.ohchr.org/EN/Issues/Business/Pages/ConflictPostConflict.aspx
15
The EU adopted Regulation 2017/821 of 17 May 2017 laying down supply chain due diligence
obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from
conflict-affected and high-risk areas. The relevant provisions will take effect on 1 January 2021. In
accordance with the Federal Council decision of 14 August 2019, the FDJP is mandated to examine the
introduction of a mandatory due diligence in the area of "minerals from conflict areas". In the meantime,
on 18 December 2019, the Council of States adopted a regulation on this issue as part of the preparation
of an indirect counter-proposal to the popular initiative for responsible businesses. The National Council
has not yet commented on this. The Federal Council is of the opinion that it should await the end of the
parliamentary debates.
Develop, promote and implement specific Example of the federal government’s contribution to FDFA, EAER,
guidelines in respect of high-risk, conflict-affected organisations developing these guidelines. FDJP
areas.
Explore possible measures that are consistent with
Explore possible measures that are consistent with international rules, including a bill to be submitted
international rules, including a bill to be submitted for consultation.
for consultation.
The federal government provides a module on business and human rights as part of its human rights
training course for Federal Administration employees and training course for future diplomats. It also
offers targeted training to upgrade the skills of staff working in Swiss representations abroad.
In recent years, certain representations have helped companies and individuals affected by human
rights abuses to resolve their conflicts at the negotiating table. They have done so on an ad hoc basis,
but the federal government intends to explore the option of representations abroad providing greater
and more systematic support in resolving disputes.
Involvement of Swiss representations abroad in Example of support provided by a Swiss FDFA, EAER
efforts to improve awareness and support the representation abroad to a business enterprise
implementation of human rights by businesses. (source: human rights report by a Swiss embassy).
35
The Swiss embassy in Myanmar, for example, maintains a platform for regular information-sharing with Swiss companies and
other stakeholders. Meanwhile, the Swiss embassy in Colombia has drawn up a code under which Swiss companies commit to
upholding social standards.
16
Measure 15 Economic sanctions
The Federal Act on the Implementation of International Sanctions (Embargo Act, EmbA)36 provides that
Switzerland may apply non-military sanctions imposed by the UN, the OSCE and Switzerland’s major
trading partners for the purpose of complying with international law and, in particular, upholding human
rights. The Embargo Act itself does not refer to specific sanctions as such, but provides the legal
framework for the Federal Council to adopt ordinances on the imposition of sanctions. Sanctions may
include restrictions or prohibitions on the trade in goods, services, payments, capital and the movement
of people. Sanctions policy strategy is based on the principles laid down in Switzerland’s foreign policy
and foreign economic policy.
Contribute to ensuring compliance with The list of current sanctions shows that UN Security EAER
international law, in particular human rights, Council sanctions are implemented fully and
through the implementation of economic sanctions. systematically. The Federal Council also decides,
having duly considered the interests involved in the
particular circumstances, to join the sanctions
imposed by its main trading partners, especially the
European Union.
Guiding Principle 8
Under Guiding Principle 8 the federal authorities and other public bodies must, in fulfilling their respective
mandates, be aware of the State’s human rights obligations, and to support such obligations by way of
relevant information and training.
36
Embargo Act (EmbA; SR 946.237).
17
Objective Indicator Responsibility
Improve policy coherence at federal level. Inclusion of the NAP in federal government CSR FDFA, EAER
strategies and reports.
This pilot project will be replaced by a permanent, legally established institution. The Federal Council
approved the corresponding bill on 13 December 2019, parliamentary consultation will begin in 2020.
The NHRI will strengthen the protection and promotion of human rights in Switzerland. Its independence
enables it to cooperate with authorities at all levels of government, but also with non-governmental
organisations, the private sector, research and international organisations and to support their human
rights activities. Its tasks include information and documentation, research, consultancy, human rights
education and awareness-raising, promotion of dialogue and cooperation, and international exchange.
In addition to domestic human rights issues, its mandate also includes questions relating to the
implementation of international human rights obligations in Switzerland.
Support the establishment of an NHRI that deals Mandates and activities of the NHRI in the FDFA
with, among other things, business and human business and human rights field.
rights
Guiding Principle 9
The federal government enters into economic agreements with other States or with business
enterprises. They include bilateral investment promotion and protection agreements, free trade
agreements and agreements governing investment projects. The federal government should ensure that
these agreements provide sufficient domestic policy scope to fulfil the human rights obligations of both
Switzerland and the contracting partner.
As part of its commitment to upholding human rights, the Federal Council should ensure that provisions
to achieve coherence are included in agreements. The provisions should provide contracting partners
with sufficient scope to fulfil their human rights obligations. The federal government also supports
projects specifically designed to foster respect for human rights among business enterprises in partner
countries.
18
contain provisions stipulating that the agreement should not impede or compromise existing obligations
under international law, including in respect of human rights. Free trade agreements are monitored by
joint committees. Civil society contributes to the preparatory work for joint committee meetings,
specifically through the WTO/FTA liaison group. The Federal Council continues to monitor and conduct
impact assessments regarding international developments on human rights due diligence in trade
agreements.
In the interests of policy coherence, Switzerland also advocates the inclusion of consistency provisions
when negotiating investment protection agreements (IPAs). The federal government drafted provisions
to achieve greater consistency between IPAs and sustainable development objectives (e.g. provisions
setting out the right to regulate; references to human rights and corporate social responsibility in the
recitals to IPAs). These provisions underline the importance of interpreting and applying these
agreements in a manner that is consistent with other international commitments undertaken by
Switzerland and its partner countries, including those on human rights protection.
Improve consistency between Switzerland’s trade Human rights references, corporate social EAER
agreements and respect for human rights. responsibility and the right to regulate are
incorporated into trade agreements (FTAs/IPAs)
submitted to parliament.
Guiding Principle 10
Under Guiding Principle 10, the federal government should play a part in ensuring that multilateral
institutions take an active and consistent approach to the issue of business and human rights. This
applies to all relevant multilateral institutions, not only those that deal with trade issues. The federal
government is committed to levelling the international playing field with regard to business and human
rights.
Measure 19 Promotion of respect for human rights and labour standards within financial
institutions
As a general rule, an evaluation of the environmental and social risks is integral to the process of
approving any project or programme conducted as part of Swiss economic cooperation. The aim is to
ensure that any investments Switzerland makes fully comply with applicable legislation and rules,
including international human rights standards.
Investments by the Swiss Investment Fund for Emerging Markets (SIFEM) are subject to full due
diligence with regard to its environmental, social (including working conditions) and governance (ESG)
responsibilities. The relevant human rights standards are applied in all ESG risk assessments. This
means that the risks of human rights abuses are always taken into account in the investment decision-
making process. SIFEM partners (fund managers) are required to submit an annual or half-yearly report
detailing their ESG activities and any major ESG accidents and incidents. This information makes it
possible to improve the monitoring of human rights issues from the initial situation assessment and right
through the investment cycle.
As part of its involvement in international financial institutions, Switzerland actively promotes the
systematic reinforcement of ESG standards.37 It supports the strictest transparency standards and helps
to mitigate the potential adverse human rights impacts of projects by strengthening the independent
19
inspection committees that handle project-related complaints lodged by the communities concerned. By
creating frameworks and exemplary programmes, financial institutions can advance the promotion of
ESG standards, respect for human rights at international level and a shared understanding of problems.
Ensuring that investments and projects supported Human rights due diligence as part of SIFEM EAER
by Switzerland in relation to its economic investments (source: summary report of the
development cooperation and international Federal Council on the achievement of its strategic
financial institutions do not have an adverse impact goals).
on human rights and serve as an example of
international best practices. Swiss contributions within international financial
institutions to promote ESG standards,
transparency and respect for human rights.
The federal government also promotes the UN Guiding Principles in supporting specific bilateral
projects. It also engages in political dialogue and strategic partnerships with the governments of host
States to discuss circumstances where regulations, policies, or other action on the part of the host State
make it difficult for Swiss business enterprises to respect human rights.
Encourage other States to develop strategies Example of human rights dialogue that explicitly FDFA, EAER,
(NAPs) and activities to advance the addresses business and human rights. FDF
implementation of UN Guiding Principles.
Example of the inclusion of UN Guiding Principles
in political and economic consultations.
The federal government will continue to lend political and financial support to the UN Working Group,
the Office of the UN High Commissioner for Human Rights and the annual UN Forum on Business and
Human Rights in Geneva. It will work with these bodies on several projects that:
38
Cf. UN Human Rights Council, Resolution A/HRC/RES/26/22
20
- improve access to remediation mechanisms for those affected by business-related human rights
abuses.
Provide the UN with political and financial support Example of UN project implementation supported FDFA
to promote the UN Guiding Principles, and develop by Switzerland.
instruments that provide practical
recommendations on the implementation of the UN An example that reflects Switzerland’s position,
Switzerland puts forward business and human rights recommendations as part of the Universal Periodic
Review (UPR). Business and human rights issues will feature more prominently in Switzerland’s
recommendations and regular reports to the UN treaty bodies. Switzerland reported on its activities in
the business and human rights sphere during the third UPR cycle in November 2017, and accepted and
implemented some of the business and human rights recommendations it received.
Within the ILO, Switzerland supports the follow-up to the 2016 ILO Resolution on the UN Guiding
Principles and global supply chains 40. It also comments on violations of fundamental rights at work
committed by other ILO member states. In 2019, Switzerland declared that it was in favour of adopting
the ‘ILO Centenary Declaration for the Future of Work’ 41 which puts workers’ rights and the needs,
aspirations and rights of all people at the heart of economic, social and environmental policies. The
federal government also promotes the recommendations of the ILO’s Tripartite Declaration of Principles
concerning Multinational Enterprises and Social Policy. These activities are part of efforts to promote
the NAP and provide business enterprises with guidance on compliance with labour standards.
Switzerland actively contributed to the drafting of the Recommendation 42 on business and human rights
adopted by the Committee of Ministers of the Council of Europe on 2 March 2016. In implementing the
NAP, Switzerland is implementing the Committee of Ministers Recommendation. It also supports
Council of Europe efforts to improve access to remedy for those affected by human rights abuses, as
well as to its online business and human rights platform.
Influence the activities of multilateral bodies on Example of Switzerland’s contribution to multilateral FDFA, EAER
business and human rights in a way that is standards/recommendations.
compatible with Switzerland's interests.
39
Cf. UN Human Rights Council, Resolution A/HRC/26/RES/26/9,
http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session26/Pages/ListReports.aspx.
40
https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_497555.pdf
41
https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_711695.pdf
42
Recommendation CM/Rec(2016)3 of the Committee of Ministers to member states.
21
2.2 Pillar 2: the corporate responsibility to respect human rights
The growing interdependence of businesses resulting from their involvement in global value chains has
pushed issues such as working conditions, human rights, corruption and the environment to the top of
the political and social agenda. Like civil society stakeholders, business enterprises are committed to
supporting and promoting respect for human rights, particularly as part of their responsible business
conduct. Umbrella business organisations and trade associations also keep active track of human rights-
related issues and lobby their members to implement the UN Guiding Principles. For example, as part
of the UN Global Impact, a number of Swiss companies have voiced their commitment to respecting the
freedom of association and recognise the right to collective bargaining in countries where these rights
are limited or not recognised; they are involved in efforts to eliminate all forms of forced and compulsory
labour; they seek to abolish child labour, and they play an active part in eliminating all forms of
professional and employment discrimination. 43
In promoting the UN Guiding Principles at national and international levels, the federal government
seeks to create the right framework conditions for business enterprises to implement the principles, and
to support them during this process. By respecting human rights, Swiss companies can consolidate their
international standing over the long term as responsible and competitive players. The Federal Council
therefore helps companies to meet their human rights responsibilities. Pillar 2 of the NAP sets out a
series of measures for the private sector in upholding human rights. In particular, it assists the efforts of
SMEs in ensuring respect for human rights.
Guiding Principles 11 to 15
Business activities generate investment, jobs and economic growth, but they can sometimes have
undesirable side-effects too. The Federal Council expects companies to exercise human rights due
diligence.
Under the UN Guiding Principles, respecting human rights is a general standard of conduct that all
business enterprises are expected to meet wherever they operate. It exists independently of States’
abilities and/or willingness to fulfil their human rights obligations. The responsibility of business
enterprises to respect human rights refers to internationally recognised human rights such as those
expressed in the UN Universal Declaration of Human Rights, the UN International Covenant on Civil
and Political Rights, the UN International Covenant on Economic, Social and Cultural Rights, and the
human rights principles contained in the eight core ILO conventions. 44 In addition to these instruments,
the regional mechanisms instituted by the Council of Europe, 45 and specifically the European
Convention on Human Rights and its additional protocols, are also important for Switzerland. Depending
on the circumstances, business enterprises must also observe additional standards concerning
particularly vulnerable population groups,46 including agreements protecting indigenous people, women,
minorities, children and people with disabilities.47
SMEs are particularly important in Switzerland because they are a major part of the country’s economic
fabric. Given their limited human resources and expertise on human rights, the management of potential
43
Cf. Members of the Swiss Global Compact Network, an initiative which calls on businesses to align their strategies and
operations with a range of human rights principles, international labour standards, environmental standards and anti-corruption
efforts. Cf. Measure 6 of the 2020–23 CSR Action Plan
44
The eight core ILO conventions set out the following principles: freedom of association and the right to collective bargaining,
the elimination of forced labour, the abolition of child labour, and non-discrimination in relation to employment and occupations.
45
https://www.eda.admin.ch/eda/en/fdfa/foreign-policy/international-organizations/council-europe.html
46
Cf. chapter IV. para. 40 of the OECD Guidelines for Multinational Enterprises.
47
Cf. (1) Declaration on the Rights of Indigenous Peoples; (2) Convention on the Elimination of All Forms of Racial Discrimination;
(3) Convention on the Elimination of All Forms of Discrimination Against Women (4) Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment; (5) Convention on the Rights of the Child; (6) Convention on the Rights of
Persons with Disabilities.
22
human rights risks can pose a significant challenge for SMEs. Despite their good practices, they
generally lack systemic responses to human rights-related issues. The concepts developed by
international bodies like the OECD and UN must be presented in a way that takes into account the
limited resources available to SMEs and the business environment in which they operate. SMEs are
therefore encouraged to use the support measures provided by the federal government and umbrella
associations.
Guiding Principles 16 to 21
Pillar 2 of the UN Guiding Principles focuses on human rights due diligence. This process should include
(1) identifying risks and possible and actual impacts, (2) taking measures to mitigate risks, (3) verifying
effectiveness of these measures, and (4) reporting on the action taken and the risks identified. This is
the most important mechanism for preventing human rights abuses. Business enterprises must seek
ways to prevent or mitigate adverse human rights impacts which are directly linked to their business
operations, products or services, even if they have not contributed to these impacts. The UN Guiding
Principles defines business relationships as relations with business partners, including entities in their
value chains, and any other non-State or State entity linked to the company’s business operations,
products or services.
The mission of private initiatives like B Lab and the Corporate Human Rights Benchmark (CHRB) is to
assess how companies incorporate human rights in their business activities. The CHRB assesses 101
of the world's largest publicly traded companies based on a set of human rights indicators and ranks
them according to their human rights performance. A similar initiative in Switzerland is currently in the
development phase. The federal government supports these efforts because they encourage private-
sector commitment to upholding human rights. The detailed analyses and rankings of companies
operating in the same sector, based on their human rights performance, also contribute to greater
transparency.
Review progress on the implementation of the UN Publication of external evaluation findings on the FDFA, EAER
Guiding Principles among business enterprises implementation of the UN Guiding Principles by
based and/or operating in Switzerland. business enterprises.
23
The federal government will step up cooperation with industry initiatives, associations and chambers of
commerce which promote the UN Guiding Principles, and support action taken by businesses to uphold
human rights.48 This will involve identifying initiatives and actors which have the potential to substantially
further the implementation of the UN Guiding Principles by businesses. Priority will be given to initiatives
that contribute to due diligence training for business enterprises or that are developing practical and
effective human rights tools for SMEs. All tools developed as part of initiatives supported and recognised
under the NAP will be made available to the businesses online.
Support and work with business enterprises on Federal government cooperation with an industry FDFA, EAER
solutions to facilitate the implementation of the UN initiative to develop a human rights tool.
Guiding Principles.
Promote the use of the ILO Helpdesk for queries The number of queries submitted to the ILO EAER
regarding the application of international labour Helpdesk and the volume of website traffic to its
standards. website (source: ILO Annual Report on the services
provided by the Helpdesk).
Promote human rights best practices among Launch the Swiss Business and Human Rights FDFA, EAER
business enterprises. Forum. Number of participating businesses.
24
Measure 27 Promote efforts to end all forms of child exploitation in supply chains
The exploitation of children includes child labour, forced labour, sexual exploitation and child trafficking.
The federal government works with civil society and the private sector to develop tools and organise
events to raise awareness among businesses about the exploitation of children in all its forms.
The federal government will establish partnerships with the private sector and civil society to advance
Goal 8.7 of the 2030 Agenda for Sustainable Development: end child labour in all its forms by 2025,
eradicate forced labour, and end modern slavery and human trafficking by 2030. It will also evaluate its
participation in Global Alliance 8.7, which aims to strengthen international cooperation, coordination and
assistance through appropriate multi-stakeholder partnerships.
The federal government also takes action to prevent the exploitation of children in travel and tourism.
The 'Don't look away' initiative seeks to raise public awareness of the problem. Tourists and travellers
who suspect cases of child sexual exploitation can go to the website, fill out the online report form and
send it directly to the Federal Office of Police (fedpol). Increasing numbers of European countries are
now joining the campaign. As part of its membership of ECPAT International, which works to end all
forms of child sexual exploitation, the federal government launched the 'Don't look away' campaign (ne-
detournez-pas-le-regard.ch), regularly attends meetings organised by the network and contributes to
discussions.
In accordance with the Federal Council decision of 14 August 2019, the FDJP is mandated to examine
the introduction of a mandatory due diligence in the area of "child labour". In the meantime, on 18
December 2019, the Council of States adopted a regulation on this issue as part of the preparation of
an indirect counter-proposal to the popular initiative for responsible businesses. The National Council
has not yet commented on this. The Federal Council is of the opinion that it should await the end of the
parliamentary debates.
Promote efforts to end all forms of child exploitation. Launch an event/tool to raise companies’ EAER, FDJP
awareness of child exploitation.
Federal government efforts to promote the 'Don't
look away' campaign.
Participation in the ECPAT global network.
Swiss participation in Global Alliance 8.7 was
evaluated.
The private sector is fundamental to advancing gender equality and women’s rights. In December 2018,
parliament passed an amendment to the Gender Equality Act 49 which adds pay equity to companies’
mandatory due diligence obligations. The revised legislation also requires public and private sector
employers with at least 100 employees to conduct regular equal pay analyses. This new requirement
will take effect on 1 July 2020. An independent body reviews the findings and the employer must inform
the workforce of its conclusions. Companies which are found to have an equal pay policy are exempt
from further assessment. The new provisions, which will take effect on 1 July 2020 for a period of 12
years, will be evaluated nine years after they come into force.
The federal government provides a free equal pay self-test tool, Logib, which allows companies with
fewer than 50 employees to check for instances of wage inequality in their workforce.
25
Objective Indicator Responsibility
Achieve equal pay for men and women. Number of companies using the Logib tool. FOGE
Measure 29 Public-private partnerships to promote respect for human rights in the value
chain
To promote the implementation of labour rights and human rights by business enterprises, the federal
government, together with the ILO, supports the Better Work programme for the textile industry and the
Sustaining Competitive and Responsible Enterprises (SCORE) programme to support SMEs in creating
decent working conditions. These projects are jointly run by the ILO, governments, the private sector
and unions, and are focused on compliance with fundamental labour standards, including measures to
combat child and forced labour. The tools developed by these programmes are shared with the private
sector.50
The federal government supports a project to promote human rights due diligence with a view to
preventing the exploitation of Syrian refugees and migrant workers in neighbouring countries (Turkey,
Lebanon, Jordan). The aim is to strengthen the contribution that business enterprises make to providing
decent work opportunities and combatting exploitation in the textile, agricultural and construction sectors
in these countries.
As part of its foreign policy efforts, Switzerland establishes public-private partnerships to promote
measures aimed at combatting human trafficking.
Establish partnerships with the private sector to Swiss and private sector contributions to the Better FDFA, EAER
create decent work opportunities in value chains. Work and SCORE programmes and to projects
aimed at protecting migrant workers from
exploitation.
50
https://www.nap-bhr.admin.ch/napbhr/en/home/unternehmen/multistakeholder-initiativen.html
26
The OECD has also produced a series of guidelines for companies that contain practical
recommendations on the adoption of due diligence along their value chains. In May 2018, it published
guidance for companies of all sizes that are exposed to risks in their value chains, irrespective of the
sector within which they operate. Other guidelines are aimed at specific sectors such as the agricultural,
financial and textile sectors.51
Many international guides and tools are already available. The federal government will explore the
possibility of translating some of these into the national languages to enable them to be adapted and
implemented in Switzerland. The complex nature of these guides means that some companies,
especially SMEs, may find it difficult to put them into practice. Easy-to-use online interactive tools could
provide a starting point for SMEs. The Swiss government will develop instruments that enable SMEs to
carry out risk assessments and identify measures. They also could provide the basis for an assessment
of the action needed to improve human rights due diligence. 52
Provide guidance to business enterprises on Develop practical tools for business enterprises and FDFA, EAER
implementing the UN Guiding Principles. making these available at www.nap-bhr.admin.ch.
Guiding Principle 25
The Federal Council recognises the need to provide access to remedy for those affected by human
rights abuses committed on Swiss territory and/or under Swiss jurisdiction. It believes the principal
means of doing this is via the well-functioning Swiss judicial system, along with alternative, non-judicial
dispute resolution mechanisms.
The Federal Council also acknowledges its responsibility to facilitate access to Swiss grievance
mechanisms where business enterprises based in Switzerland are involved in human rights abuses
abroad, and those affected in the host state have no appropriate access to effective remedy. In such
instances, due consideration must be given to a smart mix of judicial and non-judicial mechanisms.
Guiding Principle 26
Domestic judicial mechanisms (the courts) may be used to determine matters involving business-related
human rights abuses. The federal government intends to ensure the effectiveness of these mechanisms
51
http://mneguidelines.oecd.org/duediligence/ and www.csr.admin.ch > Position Paper and Action Plan of the Federal Council on
Corporate Social and Environmental Responsibility.
52Cf. also Measure 4 of the 2020–23 CSR Action Plan on support for SMEs in assessing major risks in connection with their
business activities.
27
by devising measures to reduce legal, practical and other hurdles that could prevent those affected from
gaining access to remedy. These measures should pay particular attention to the additional obstacles
that women may face.
In this context, it is necessary to consider the extra-territorial dimension of any judicial mechanisms. The
Federal Council therefore supports efforts to achieve a better understanding of the relevant frameworks
in different countries, and encourages international processes. Under certain circumstances, it is
possible under Swiss law for individuals who believe that their rights have been violated by Swiss
companies to bring an action or appeal before Swiss courts. Whether Swiss courts have jurisdiction to
hear and determine such cases and the governing law must be assessed on a case-by-case basis with
reference to applicable legal provisions.
The Federal Council addressed all these issues in a report 53 and acknowledges that the mechanisms
available in Switzerland are, by international standards, sufficiently well-developed. The report also
identified areas where improvements could be made. The Federal Council subsequently decided on
additional measures to improve access to remedy in Switzerland for individuals who have suffered
human rights abuses committed by a business enterprise based in another country.
In the process of revising the CPC, the federal government drafted amendments to the provisions
governing costs with a view to extending the scope of the conciliation procedure. New rules on group
actions and establishing a group settlement mechanism will close a gap in the available legal protection
by facilitating class actions in respect of mass and dispersed damage claims. These amendments and
new articles bring the draft bill in line with Business and Human Rights Recommendations 39 and 42 of
the Committee of Ministers of the Council of Europe of 2 March 2016.54 They also meet the expectations
of the UN, as expressed in Guiding Principle 26.
53
Federal Council Report of 14 September in response to Postulate 14.3663 of 26 November 2014 from the Foreign Affairs
Committee of the Council of States: ‘Business and human rights: comparative analysis of judicial and non-judicial mechanisms
providing access to remedy’ (in German and French). It draws on a study by the Swiss Centre of Expertise in Human Rights
(SCHR) and the Swiss Institute of Comparative Law (SICL): Christine Kaufmann, Lukas Heckendorn Urscheler, Access to
Remedy. Study in Fulfilment of Postulate 14.363: Swiss Centre of Expertise in Human Rights (SCHR) and the Swiss Institute of
Comparative Law (SICL), Zurich and Lausanne, 2017. Available at: http://www.skmr.ch/.
54
Recommendation CM/Rec(2016)3 of the Committee of Ministers to Member States, 2 March 2016.
28
Objective Indicator Responsibility
Help improve access to justice in host States. Example of measures by public sector and civil FDFA
society actors to improve access to judicial
proceedings or alternative conciliation procedures
and access for specific sections of the population,
such as women and disadvantaged groups
(source: report on development cooperation
programmes to promote good governance and
access to justice).
Guiding Principle 27
State non-judicial grievance frameworks can be an important factor in ensuring access to remedy for
business-related human rights abuses. They often enable the parties to resolve differences through
dialogue, therefore avoiding lengthy and costly court proceedings.
Raise the visibility of non-judicial grievance Provision of information on non-judicial grievance EAER
mechanisms. mechanisms in Switzerland.
Measure 34 National Contact Point for the OECD Guidelines for Multinational Enterprises
The OECD Guidelines for Multinational Enterprises include a chapter on human rights. The 48
signatories to the OECD guidelines are required to set up a non-judicial grievance mechanism in the
form of a National Contact Point (NCP) to receive and handle complaints regarding the application of
the OECD Guidelines. They also serve as an important non-judicial grievance mechanism for business-
related human rights abuses.
Measure 5 of the 2020–23 CSR Action Plan deals with the NCP in detail. As well as providing a
mediation platform, the NCP should clearly position itself as a point of contact for the prevention of
problems in connection with responsible business conduct (e.g. by having a social media presence and
participating in stakeholder events).
Strengthen the position of the NCP as a point of Evaluation of NCP activities (source: NCP annual EAER
contact for the prevention of problems in connection report to the OECD and annual report of the NCP
with responsible business conduct. Advisory Board).
29
2.3.4 Operational principles: non-state grievance mechanisms
Guiding Principles 28 to 31
Swiss business enterprises, especially those with considerable exposure to human rights risks, should
have in place appropriate grievance mechanisms to facilitate access to remedy for those affected by
abuses. To ensure their effectiveness, these mechanisms must be legitimate, accessible, predictable,
fair, transparent and in compliance with Swiss law and constitute a source of learning for all
stakeholders. The Federal Council considers the promotion of grievance mechanisms through multi-
stakeholder initiatives as an important means of guaranteeing access to remedy.
Involve legal actors in multi-stakeholder initiatives Participation of representatives from the legal FDFA, EAER,
on business and human rights with a view to community in a multi-stakeholder initiative meeting FDJP
improving access to remedy in keeping with the UN on ways to improve access to remedy.
Guiding Principles.
The National Action Plan sets out 35 measures in total to be implemented by the lead federal agencies
in consultation with other relevant offices. The FDFA and EAER are jointly responsible for coordinating
the implementation of the National Action Plan and involving the private sector in this process. A
monitoring group composed of representatives of the Federal Administration, business, civil society and
academia follows the implementation efforts of the FDFA and the EAER. Its members also serve as the
point of contact for their respective stakeholder groups and ensure that interests are properly taken into
account.
The FDFA and the EAER will base its evaluation of NAP implementation on the performance indicators
assigned to each measure. All policy instruments include clear objectives as well as performance
indicators to gauge the progress the federal government has made on implementation and improve the
transparency of the outcomes. The federal government will also explore the possibility of conducting an
impact assessment at some point in the future. At the end of the legislative period, the FDFA and the
EAER will publish a short joint status report.
55UN Working Group on Business and Human Rights (2015), Guidance on National Action Plans on Business and Human
Rights Version 2.0.
30