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Draft National Action Plan 1ST FIVE YEAR NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS (2021-2026) TABLE OF CONTENTS MINISTERIAL FORWARD 3 INTRODUCTION 4 WHAT ARE THE UN GUIDING PRINCIPLES? 4 STATEMENT OF COMMITMENT TO IMPLEMENTING THE UNGPS BY THE GOVERNMENT OF PAKISTAN 4 CHAPTER 1: NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS 6 1.1 WHAT IS THE NAP? 6 1.2 FIVE-PHASED DEVELOPMENT OF THE NAP 6 1.3 NAP PRIORITY AREAS 8 1.4 COHESION BETWEEN NAP, GOVERNMENT POLICIES, AND INTERNATIONAL COMMITMENTS 9 1.5 COVID-19 AND THE NAP 11 CHAPTER 2: PROTECT, RESPECT, REMEDY FRAMEWORK 12 PILLAR I: STATE DUTY TO PROTECT 12 PILLAR II: STATE DUTY TO PROTECT 12 PILLAR III: ACCESS TO REMEDY 13 CHAPTER 3: PRIORITIES, MEASURES, OUTCOMES AND ASSESSMENT UNDER THE NAP 15 3.1 GENERAL PROPOSED ACTIONS 15 3.2 NAP PRIORITY AREAS 17 3.2.1 FINANCIAL TRANSPARENCY, CORRUPTION AND HUMAN RIGHTS STANDARDS IN PUBLIC PROCUREMENT CONTRACTS 17 3.2.2 EQUAL OPPORTUNITY AT THE WORKPLACE 19 3.2.3 DUE DILIGENCE MECHANISMS 30 3.2.4 LABOUR STANDARDS 32 3.2.5 INFORMAL ECONOMY 35 3.2.6 CHILD LABOUR 39 3.2.7 FORCED OR BONDED LABOUR 41 3.2.8 OCCUPATIONAL HEALTH AND SAFETY 42 3.2.9 ACCESS TO REMEDY 43 3.3 STATE EXPECTATIONS FROM BUSINESS ENTERPRISES 46 3.4 STATE FACILITATION OF BUSINESS ENTERPRISES 48 CHAPTER 4: MONITORING, EVALUATION, REVIEW AND UPDATE 49 4.1 MULTI-STAKEHOLDER MONITORING GROUP 50 ANNEX I: THE ROAD TO THE NAP ON BHR 51 2 Ministerial Forward The Ministry of Human Rights, in collaboration with the United Nations Development Program, is pleased to release this National Action Plan on Business and Human Rights, aimed at ensuring observance of Pakistan’s duty to protect against human rights abuses by third parties, including businesses, and creating an environment conducive to fostering corporate respect for human rights. Further, in preparing this National Action Plan, the State of Pakistan expresses its commitment to fully comply with its obligations vis-à-vis ensuring access to effective remedies in cases of human rights abuses that occur during business operations. As a developing economy, we understand the need to ensure stability and security, good governance, and the rule of law within our territory to secure sustainable, long- term economic growth. Accordingly, in recognition of the governance gaps culminating from globalization, we believe in adopting a pragmatic mix of mandatory and voluntary measures to prevent, mitigate and remedy existing and potential adverse human rights impacts resulting from business activity. Prior to undertaking preparation and finalization of this National Action Plan, the work carried out by the Government of Pakistan in protecting and promoting human rights, particularly of women, minorities, persons with disabilities and members of the transgender community, highlights its commitment to ensuring full compliance with international human rights standards. This work includes legislative initiatives, progress in implementation of existing laws, operationalization of laws, research and survey work undertaken, sensitization, awareness and education campaigns, and a range of conferences and workshops arranged. There are already several companies implementing Corporate Social Responsibility initiatives in Pakistan. However, through the National Action Plan, we intend to move on from the significant limitations of this approach in addressing human rights impacts, and instead advance the Business and Human Rights paradigm as contained in the United Nations Guiding Principles on Business and Human Rights and the Protect, Respect and Remedy Framework. One of the Government’s key objectives has been institutional development and capacity building to enhance responses to human rights violations. The National Action Plan details how the State of Pakistan will ensure, through judicial, administrative, legislative, and other appropriate means, access to an effective remedy where human rights abuses occur. Consequently, this Action Plan is a logical corollary to the capacity building and reform efforts the Government has undertaken recently. Dr. Shireen Mazari Federal Minister for Human Rights 3 Introduction What are the UN Guiding Principles? In June 2011, the United Nations Human Rights Council (UNHRC) endorsed the UN Guiding Principles on Business and Human Rights (UNGPs) to address the adverse human rights impacts of business activity. The UNGPs are the culmination of six years of consultations amongst States, business enterprises and civil society organizations, led by the then Special Representative to the UN Secretary General, Professor John Ruggie. The UNGPs provide a global standard for addressing human rights issues and preventing human rights abuses associated with business activity. They do not create any new international obligations on the State but stand to substantiate the ones that have already been ratified. The UNGPs are based on what has come to be known as the “Protect, Respect and Remedy Framework”, which rests on three pillars: • Pillar I: the legal duty of States to protect individuals from business-related adverse human rights impacts • Pillar II: the responsibility of business enterprises to respect human rights • Pillar III: the need to ensure effective access to remedies for victims, by States and businesses Statement of Commitment to Implementing the UNGPs by the Government of Pakistan The protection and promotion of human rights is a cornerstone of Pakistan’s domestic policy. Pakistan has ratified several key international human rights instruments, which have been transposed into the domestic regime through a wide variety of Federal and Provincial laws and policies. These include a range of obligations contained in seven of the nine core human rights treaties Pakistan is a State Party to, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Rights of the Child (CRC), Convention on the Rights of Persons with Disabilities (CRPD), Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention against Torture (CAT). In addition to its international obligations, the State of Pakistan is fully committed to its Constitutional obligations vis-à-vis human rights, contained in Chapter I of the Constitution titled “Fundamental Rights”, as well as the Sustainable Development Goals (SDGs) which also reflect fundamental principles of human rights. Pakistan faces several challenges with respect to financial transparency and corruption in public procurement contracts, gender-based discrimination and equal opportunity in the workplace, due diligence mechanisms, occupational health and safety, working conditions and wages, unregistered workers, trade unions, informal economy, and child and bonded labour. Accordingly, a National Baseline Assessment (NBA) was conducted to prepare a comprehensive and targeted National Action Plan (NAP) on Business and Human Rights (BHR), manifesting Pakistan’s commitment towards overcoming these and other challenges, and in fulfilling its international and domestic obligations relating to the protection of human rights. Through the NAP, Pakistan intends to implement the UNGPs and ensure that the fundamental rights of its citizens are protected against any adverse impacts resulting from business activity. In addition to the protection of human rights, the State of Pakistan also aims to strengthen its grievance redressal mechanisms to ensure that victims are provided adequate remedies where business activity interferes in the protection of or violates human rights. While the NAP relates primarily to the State’s obligations regarding the protection of human rights, it also specifies its expectations from business enterprises. This is both in relation to the respect of human rights throughout business operations and the provision of adequate remedies in cases of adverse impacts. Full implementation of this NAP will, accordingly, require cooperation from the business community. Annex I to this National Action Plan summarizes Pakistan’s existing legal and policy framework relevant in the context of business. 5 Chapter 1: National Action Plan on Business and Human Rights 1.1 What is the NAP? In relation to BHR, the UNHRC established in 2011 the UN Working Group on Business and Human Rights (UNWG), which works to “promote the effective and comprehensive dissemination and implementation of the Guiding Principles on Business and Human Rights”. 1 The UNWG has strongly urged States to adopt National Action Plans on BHR which form an effective platform for the implementation of the UNGPs. National Action Plans are policy documents through which States articulate priorities and actions that they intend to adopt to support the implementation of international and domestic obligations with respect to specific policy areas. In relation to BHR, a NAP is defined as an “evolving policy strategy developed by a State to protect against adverse human rights impacts by business enterprises in conformity with the UN Guiding Principles on Business and Human Rights.”2 1.2 Five-Phased Development of the NAP The formulation of the NAP is the result of a series of consultations with multiple stakeholders and an NBA on law and policy areas related to BHR in Pakistan. Pakistan proceeded in accordance with the five phases of developing a NAP, provided in the ‘Guidance on National Action Plans on Business and
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