A/HRC/41/49
to fulfilling States’ obligations under international human rights law. Participants at the
Forum session dedicated to updates on the treaty process highlighted that much work
remained to be done to clarify terms used in the draft, and on its scope and effect.
Stakeholders were invited to submit their comments on the zero draft by the end of
February 2019, with a view to a revised draft being circulated ahead of the next session of
the Open-ended intergovernmental working group, to be held in October 2019.
B.
“Leading by example”
34.
The Forum programme included various sessions on the role of States as economic
actors, in line with the report that the Working Group presented to the Human Rights
Council in 2016, in which the Working Group concluded that “States, as primary duty
bearers under international human rights law, should lead by example” (A/HRC/32/45,
para. 94).
35.
The members of the Working Group noted, throughout the different sessions
focused on the role of States as economic actors, that the private sector had put into practice
more innovative practices than Governments, despite the wide range of tools that the latter
had at their disposal.
36.
The crucial impact of public procurement on the global gross domestic product
(estimated at 15 to 20 per cent) was mentioned as a lever to promote positive change,
including in supply chain practice. There was a growing trend towards including human
rights in public procurement provisions in national action plans. However, there was
limited inclusion of the Guiding Principles in Governments’ procurement policies and
programmes, with lack of capacity and awareness among the public buying function at
large cited as key challenges. The following positive examples were among those
highlighted:
(a)
The Netherlands, Germany, Finland and Chile have included public
procurement provisions in their national action plans;
(b)
In the United Kingdom, the City of London has worked to embed human
rights within public procurement through local partnerships;
(c)
In Norway, work undertaken by Ethical Trading Initiative Norway assists
procurers in the development of ethical procurement criteria for supply chains, tools and
resources and provides guidance in procurement processes. Furthermore, following practice
in Sweden, Norway is aiming to capture synergies at the municipal level by collaborating
on risk assessments and follow-up;
(d)
In Japan, although no comprehensive policy to promote sustainable public
procurement exists to date, specific laws and measures such as the act on promotion of
procurement for persons with disability (2013), the act on promotion of women’s
participation and advancement in the workplace (2016) and the law concerning the
promotion of procurement of eco-friendly goods and services by the State and other entities
(2000) have been put in place;
(e)
In Finland, social aspects in public procurement are taken into account when
assessing tender processes, including creating new requirements for procurement with
regulation in terms of social responsibility;
(f)
In Denmark, in line with the OECD Guidelines for Multinational Enterprises
and the Guiding Principles, due diligence is a mandatory contract requirement in central
government procurement contracts, complemented by pilot programmes on how to use due
diligence criteria in the selection process. Promotion of due diligence is stimulated as part
of procurement processes at the local level;
(g)
In Australia, the newly adopted Modern Slavery Act requires the
Government to produce a “modern slavery statement” with regard to public procurement.
37.
Participants at one session addressed the role of States in using government trade
promotion and development finance as levers for human rights due diligence. It was noted
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