A/HRC/38/48
possible adverse effects future operations might have on the human rights situation in those
countries and require participating companies to respect the UN Guiding Principles …”.10
20.
Only a handful of States have sought to integrate human rights issues into official
trade missions. The United Kingdom of Great Britain and Northern Ireland did so in
relation to Myanmar. Finland involved human rights civil society organizations in a joint
trade mission led by its trade and development ministers to the United Republic of
Tanzania and Zambia.11 In its recent National Action Plan, Ireland committed to advising
companies who will participate in trade missions about human rights in destination
countries and providing information about its laws prohibiting foreign bribery.12 Belgium
will also ensure that the trade missions it organizes include awareness-raising regarding
respect for human rights.13
21.
The Netherlands now has a routine requirement for all trade missions to brief
businesses on human rights issues. It takes one more step in selecting mission participants.
Dutch companies that wish to participate in government-sponsored trade missions must
demonstrate a commitment to the OECD Guidelines for Multinational Enterprises, with an
emphasis on human rights risk analysis. The Government verifies to what extent the
business is aware of the Guidelines and, shortly before departing on a trade mission, the
business is provided with training on standards of responsible business conduct.14
22.
Trade missions provide unique opportunities for States to raise awareness of
business and human rights dilemmas related to the market they are visiting.15 For example,
in countries where attacks on human rights defenders are a significant risk, that should be
raised in the context of trade missions. Civil society organizations have suggested to the
Working Group that this may be a particularly useful avenue for addressing the risks faced
by defenders when there is a link to businesses receiving trade or investment support from
their home Government.16
23.
States already vet companies that participate in foreign trade missions to ensure they
meet certain criteria. The United States of America, for example, screens applicants for
trade mission for bribery concerns and also asks them to sign a no-bribery pledge as a
precondition to participation. 17 States should consider developing similar procedures
whereby companies are asked to demonstrate a commitment to the Guiding Principles and
responsible business conduct as a precondition to participation in a mission. The Dutch
example appears to be the only model that uses vetting for human rights as a precondition
for mission selection.
C.
Trade advocacy
24.
Trade advocacy support is characterized as those activities for which embassy
personnel and high-ranking government officials will advocate on behalf of domestic
companies with foreign public officials. The purpose of such advocacy is to highlight the
strengths of a national company when it is competing against companies from other
countries for a government contract in a foreign market.
10
11
12
13
14
15
16
17
6
Council of Europe, “Human rights and business” (recommendation CM/Rec(2016)3 of the Council of
Ministers).
Institute for Human Rights and Business, “State of play. Human rights in the political economy of
States: avenues for application” (March 2014).
See “National Plan on business and human rights 2017–2020”, available from
https://globalnaps.org/country/ireland/.
Belgian National Action Plan available from https://globalnaps.org/country/belgium./
OECD, “Responsible business conduct and economic diplomacy tools” (June 2017).
Institute for Human Rights and Business, “State of play”.
See consultation summary note on scaling up initiatives to protect human rights defenders,
(November 2017), available from www.ohchr.org/Documents/Issues/Business/
ScalingUpInitiativesProtectHRDefenders_30Nov2017.pdf.
See, for example, United States Government Publishing Office conditions for trade missions,
available from www.gpo.gov/fdsys/granule/FR-2017-08-01/2017-16082.
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