Evaluation Department Content

EVALUATION DEPARTMENT CONTENT PREFACE ............................................................................. 3 REPORT 11/2018 ACKNOWLEDGEMENTS ........................................................ 4 EXECUTIVE SUMMARY ........................................................ 5 1. INTRODUCTION ............................................................ 11 1.1 The context: Human rights in the Norwegian development cooperation and UNGP ............................. 11 1.2 The Evaluation ............................................................. 14 2. APPROACH AND METHODOLOGY .................................. 16 2.1 Systems analysis ......................................................... 17 2.2 Country case studies .................................................... 18 2.3 Limitations .................................................................. 19 3. SYSTEMS ANALYSIS ...................................................... 21 3.1 The Ministry of Foreign Affairs (MFA) .............................. 21 3.2 The embassies ............................................................ 26 3.3 Norad .......................................................................... 29 3.4 Norfund ....................................................................... 32 3.5 GIEK............................................................................ 38 3.6 Innovation Norway ........................................................ 41 3.7 Summary ..................................................................... 44 UNGP, Human Rights and 4. COUNTRY CASE STUDIES ............................................. 45 4.1 Norwegian development support to Tanzania and Mozambique ........................................ 45 Norwegian Development 4.2 Tanzania case study ..................................................... 45 4.3 Mozambique case study ............................................... 53 5. CONCLUSIONS AND RECOMMENDATIONS ..................... 61 Cooperation Involving Business 5.1 Policies, guidelines and procedures ............................... 61 5.2 Quality of human rights due diligence............................. 62 5.3 Grievance mechanisms ................................................. 65 5.4 Conducive factors and points for improvements .............. 66 5.5 Recommendations ....................................................... 67 REFERENCES .................................................................... 70 STAKEHOLDER ENDNOTES ................................................ 83 LIST OF FIGURES AND BOXES ............................................ 90 LIST OF ANNEXES.............................................................. 91 ABBREVIATIONS AND ACRONYMS ..................................... 92 FORMER REPORTS FROM THE EVALUATION DEPARTMENT ... 93 Commissioned by the Evaluation Department Carried out by KPMG in cooperation with Menon Economics and Elgesem advokatfirma Written by Geir Sundet (team leader), Anette Ronnov and Anja Svendsen Ostgard from KPMG, Reza Lahidji from Menon Economics and Frode Elgesem from Elgesem advokatfirma. With contributions from Njål Høstmælingen (Quality assurance), Helen Kijo-Bisimba and Joao Nhampossa September 2018 This report is the product of its authors, and responsibility for the accuracy of data included in this report rests with the authors alone. The findings, interpretations, and conclusions presented in this report do not necessarily reflect the views of the Evaluation Department. Norad Norwegian Agency for Development Cooperation www.norad.no [email protected] September 2018 Cover photo: Ken Opprann ISBN: 978-82-8369-066-8 2 EVALUATION DEPARTMENT REPORT 11/2018 // UNGP, HUMAN RIGHTS AND NORWEGIAN DEVELOPMENT COOPERATION INVOLVING BUSINESS Preface Support to private sector development is an In line with the mandate for the Evaluation explicit priority in Norwegian development policy. Department, the evaluation is meant as a basis The involvement of Norwegian, international for further discussions of how to protect human and local business is considered essential. rights in development cooperation. The evalu- In addition, partnerships with businesses is ation process has brought to light differences defined as central to achieving the Sustainable of opinion and interpretation between various Development Goals (SDGs). stakeholders, and some of these opinions are captured in an annex to the main report. Furthermore, the Norwegian government strongly emphasizes human rights commitments in We hope the publication of this report will our foreign and development policy. Promotion, encourage a constructive and inclusive debate protection and respect for human rights are about the implementation of human rights in central to achieving our development goals. development cooperation involving business, and that the report and the debate can lead This evaluation looks at the coherency between to further coherency between our human these two prioritized areas in Norwegian rights and private sector objectives. develop ment policy. Thus, the purpose of the evaluation is to contribute to knowledge of how human rights are promoted, protected and respected in the development cooperation involving businesses. Per Øyvind Bastøe, September 2018 3 EVALUATION DEPARTMENT REPORT 11/2018 // UNGP, HUMAN RIGHTS AND NORWEGIAN DEVELOPMENT COOPERATION INVOLVING BUSINESS Acknowledgements The team wishes to acknowledge support The evaluation team consists of Geir from the evaluated entities and all stake- Sundet (team leader), Anette Rønnov holders who generously took time to meet and Anja Svendsen Østgård from KPMG, with the team during field visits in Tanzania Reza Lahidji from Menon Economics and and Mozambique. We also acknowledge input Frode Elgesem from Elgesem advokatfirma, from reviewers of the inception report who and Njål Høstmælingen as quality assurer. provided input on contextual and method- The team was supported by Helen Kijo- ological issues that has contributed to our Bisimba from the Legal and Human approach, and from reviewers of the draft Rights Centre in Tanzania, and by report, who provided significant input, which Joao Nhampossa in Mozambique. is reflected in the final report. The evaluation team would also like to acknowledge valuable support at various stages of the report writing from Anette Hayes, David Brødsgaard Berntsen, David Gairdner, Jo Sundet and Knut Olav Krohn Lakså. 4 EVALUATION DEPARTMENT REPORT 11/2018 // UNGP, HUMAN RIGHTS AND NORWEGIAN DEVELOPMENT COOPERATION INVOLVING BUSINESS Executive summary The promotion of human rights is a long- The UNGP were unanimously endorsed by the > Companies to respect human rights, including standing priority in Norwegian development Human Rights Council in 2011, and today serve a duty to undertake HRDD and remedy any cooperation. Support to private sector devel- as the global standard for states’ duty to protect adverse human rights impacts that they cause opment has become an increasingly central human rights against abuses from businesses, or contribute to. State-owned and state- part of Norway’s aid programme, and there is as well as businesses’ own responsibility to controlled businesses are subject to the a growing consensus that the private sector respect human rights. In order to manage human same level of corporate responsibility. is a key driver of economic development. rights risks involved in business operations, UNGP describe and require human rights due > The need for access to appropriate and Although there is widespread support for the diligence (HRDD). This is a process to identify, effective remedies. States must, as part of role of private business in supporting sustain- prevent, mitigate and account for how adverse their duty to protect against business-related able development, there are also cautionary impacts on human rights are addressed. human rights abuse, take appropriate steps voices against the perceived and real perils to ensure that those affected by such abuses of globalisation to poor populations. Reports of The Norwegian Government has committed to within its territory and/or jurisdiction have human rights challenges and land grabbing by ensuring the implementation of UNGP in its access to effective remedy. This could be international investors in poor countries show support for businesses involved in development done through judicial, administrative or other that there is no guarantee that companies assistance. UNGP set out guiding principles for: appropriate means. will act responsibly. > The state to protect human rights, e. g. In accordance with its Terms of Reference, The overarching questions asked by this eval- through its regulatory and policy functions. this evaluation assesses the systems and uation are to what extent the United Nations UNGP expect states to take additional steps performance of six Norwegian public entities Guiding Principles on Business and Human to protect against human rights abuses by in relation to the implementation of UNGP in Rights (UNGP) are implemented in Norwegian businesses that receive substantial support Norwegian development cooperation, and how development cooperation, and how Norwegian and services from state agencies. This may development aid involving businesses affects development aid involving business promotes, include requirements for HRDD. human rights. These entities are: the Ministry protects and respects human rights. of Foreign Affairs (MFA), Norway’s embassies, 5 EVALUATION DEPARTMENT REPORT 11/2018 // UNGP, HUMAN RIGHTS AND

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