A/HRC/32/45
D.
Oversight and follow-up mechanisms
65.
Guiding principle 4 provides that States must ensure that relevant regulations
regarding respect for human rights are implemented by State-owned enterprises and that
they exercise their authority for scrutiny and oversight accordingly. The Council of Europe
Committee of Ministers recommends that States should evaluate measures taken and
respond to any deficiencies as necessary, including by providing adequate consequences. 41
66.
States can exercise effective oversight in various ways. A first step is to define clear
and achievable targets to measure an enterprise’s performance. Some States set
sustainability targets for their enterprises, alongside financial and public policy targets
(when applicable), while others expect the enterprises to set such targets themselves. In
Switzerland, the Federal Council issues strategic goals every four years for all State-owned
enterprises, which stipulate the expectation of “a corporate strategy committed to
sustainable and ethical principles.” In Chile, a set of targets and indicators involving
financial, management and sustainability elements are defined. For Sweden, the financial
targets and public policy targets (set by the State) and the monitoring of the strategic
sustainability targets (set by the State-owned enterprise) are said to be important tools efor
the State to communicate its expectations as owner. All sustainability targets, including
human rights targets, that are formulated by the company are monitored in the same manner
and through the same mechanisms. 42
67.
Hence a useful additional step would be for States to set up — or, at a
minimum, require that State-owned enterprises adopt — explicit human rights
targets, and monitor their achievement in the same manner and with the same
mechanisms used for sustainability targets.
68.
It is important that targets be balanced with regard to the different purposes of Stateowned enterprises and their overall aim to maximize value to society, including respect for
human rights. Ownership policies in Sweden and Norway contain guidelines on how to
manage the balance between commercial targets, public policy assignment targets, when
applicable, and long-term sustainability targets. In Sweden, the investment teams for
company holdings, which are comprised of specialists in the area of sustainable business,
monitor the sustainability targets of the companies and work on sustainable business. The
evaluation is then integrated into the development of new financial targets and the overall
evaluation of the companies.
69.
States can also set up regular dialogues, or ownership meetings, with the boards of
State-owned enterprises to track and assess compliance with targets, including human
rights-related targets. This can be done at the annual general meeting if the State-owned
enterprise operates as a company. Some States, such as Norway, hold additional meetings
dedicated to discussing corporate social responsibility.
70.
States could also use assessment tools with more detailed human rights-related
criteria. For instance, in Sweden, a business analysis tool that includes human rights criteria
has been developed for State-owned enterprises. It serves to increase the owner’s awareness
of companies’ risks and opportunities and how they can be managed. The result of the
analysis is taken into account in the ownership dialogue, in monitoring the company’s
development and in the recruitment and nomination of board members. Chile has a similar
41
42
16
See recommendation CM/Rec(2016)3, para. 22.
Communication with Swedish Ministry of Economy and Innovation in follow-up to Sweden’s answer
to questionnaire.
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