A/HRC/38/48
doing so. Those commitments include adherence to the Guiding Principles and to the
OECD Guidelines for Multinational Enterprises.
14.
Chile notes in its National Action Plan on business and human rights that it intends
to establish, if relevant, requirements about sustainability and respect for human rights, as
criteria to choose business enterprises to participate in programmes to promote exports and
corporate activities. 3 The Ministry of Commerce, Industry and Tourism in Colombia
intends to link access to trade and investment support to business commitments to respect
human rights. 4 The Danish Ministry of Foreign Affairs requires Danish companies with
which it interacts to comply with a code of conduct. That includes requirements not to
practise discrimination, not to use child labour and to recognize workers’ rights.5
15.
The South African Department of Trade and Industry has developed guidelines for
good business practice by South African companies operating in the rest of Africa, setting
out the expectation that companies will respect human rights and adhere to the principles of
the United Nations Global Compact.6 While the guidelines are voluntary, they demonstrate
how a State can tie responsible business conduct to an export promotion and trade agenda.
16.
Asking companies to demonstrate a commitment to ethical standards is not new.
States have often required businesses to make anti-corruption pledges as a condition of
trade-related support. As part of the 2017 G20 process, the Business-20 (B20) issued a
policy paper on responsible business conduct and combating corruption, noting that: “An
adequate and robust compliance program should also be a requirement for officially
supported export credits and trade insurances.”7
17.
For example, the Kenya Export Promotion Council has an anti-corruption policy
which includes enhanced due diligence of its potential local export partners. 8 Austrade,
Australia’s trade promotion service requires companies to certify ethical business practices
as part of their terms of service: “Your organization must be committed to maintaining
business ethics and legal obligations including anti-bribery laws in Australia and
overseas.” 9 Such processes could be expanded to require applicants to also demonstrate
commitments to the Guiding Principles and the OECD Guidelines alongside an anti-bribery
or business ethics pledge.
B.
Trade missions
18.
Trade missions are an important tool in export promotion and commercial
diplomacy. They allow potential exporters to learn how business is conducted in a foreign
market and to find potential overseas buyers. They are often facilitated by a State export
promotion agency or department and/or with the assistance of trade or commercial officers
located in embassies in the country that the delegation will visit. High-level government
officials may also head a trade mission delegation.
19.
The Council of Europe recommendation on human rights and business discusses
trade missions. It notes that “Member States should, when business enterprises … are
represented in a trade mission to member States and third countries, address and discuss
3
4
5
6
7
8
9
See www.ohchr.org/EN/Issues/Business/Pages/NationalActionPlans.aspx.
See “National Action Plan on human rights and business”, available at
www.ohchr.org/EN/Issues/Business/Pages/NationalActionPlans.aspx.
Danish submission in response to the call for stakeholder inputs.
See, for example, www.rmi.org.za/guidelines-for-good-business-practice-by-south-africancompanies-operating-in-the-rest-of-africa/.
See B20 Cross-thematic Group on Business Conduct and Anti-corruption, “Promoting integrity by
creating opportunities for responsible businesses”.
Kenya Export Promotion Council, “Revised anti-corruption policy” (2011).
See www.austrade.gov.au/Australian/How-Austrade-can-help/Trade-services/Opportunties-termsand-conditions.
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