The Argentine Ombudsman’s Office presented the National Baseline on Business and Human Rights. This input will be used to design the National Action Plan on this issue.
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The National Baseline is a study that allows evaluating the level of implementation of the United Nations Guiding Principles on Business and Human Rights. In this study, an analysis of the regulatory and public policy gaps in the implementation of the three pillars of the Guiding Principles was carried out: “Protect, respect and remedy” with an overview of the negative impacts of companies on human rights. Among the topics addressed, the following stand out: the regulatory and policy function, the link between the State and companies, political coherence through state activity and the duty of companies to respect and remedy.
With the intention that the preparation of this Baseline be a participatory process, the National Ombudsman’s Office held a series of meetings between October and November 2022 with interested parties to collect inputs. It sought to collect their experiences, opinions and detect needs. The meetings included the participation of civil society organizations and academia, the private sector, state companies, Administration Agencies, unions, ombudsmen and public authorities. Likewise, for the elaboration of the National Baseline, the Office of the Ombudsman of the Nation had the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR), the International Labor Organization (ILO), Fund of the United Nations Children’s Fund (UNICEF) and the Organization for Economic Co-operation and Development (OECD).
During this process, from Fundeps we actively participate, sending written inputs on regulatory gaps and public policies, making available different working documents and research carried out and participating in the various multi-stakeholder meeting spaces in which we have been summoned.
It should be clarified that the Baseline does not describe conflicts, nor does it carry out a study on the impact on human rights in specific sectors of the economy, nor does it study provincial and/or municipal regulations and public policies, but rather constitutes an analysis of regulatory gaps and of public policies in the implementation of the Guiding Principles at the national level.
What is a National Action Plan?
A National Action Plan on Business and Human Rights is a transversal instrument developed by a State whose objective is to order and give coherence to public policies to comply with its obligation to protect, respect and enforce human rights with respect to negative impacts. of business activities. Through these plans, governments commit to making the United Nations Guiding Principles on Business and Human Rights effective, as well as other standards on the matter.
Among the thematic axes that will be addressed in the Argentina plan are: labor standards; gender equality; diversity and non-discrimination; protection of the environment; companies and policies of Memory, Truth and Justice; corporate governance; due diligence and remediation in companies; technology, personal data and privacy; access to information and public participation in general; promotion of the human rights of groups in situations of vulnerability and/or historically discriminated against; and public governance.
Since 2014, the United Nations Human Rights Council has highlighted the decisive role that business and human rights plans can play in promoting the full and effective application of the Guiding Principles. Therefore, its preparation must be carried out in a participatory and transparent manner, in such a way that the main problems and effects on rights in the context of business activity in the country are addressed.
Access the complete document of the National Baseline here: https://www.dpn.gob.ar/linea-nacional-de-base.php
- National Baseline on Business and Human Rights – National Ombudsman’s Office
- Argentina advances towards a National Plan on Business and Human Rights – Fundeps (2022)
- The Seventh session on the binding Treaty on Human Rights and companies – Fundeps (2021)
- United Nations Guiding Principles on Business and Human Rights – Putting the United Nations Framework to “Protect, Respect and Remedy” into Practice United Nations (2011) United Nations (2011)
- National Action Plans on Business and Human Rights | OHCHR – United Nations
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