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Article

21 Dec 2016

Author:
Swiss Coalition for Corporate Justice

Analysis and comments by the Swiss Coalition for Corporate Justice on the Swiss Natl. Action Plan on Business & Human Rights

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...Five and half years after the adoption of the UN Guiding Principles and four years after the adoption of postulate 12.3503 «A Ruggie Strategy for Switzerland», the Federal Council adopted the National Action Plan for Switzerland. While the publication of the NAP represents an important milestone and sets Switzerland among the first countries to endow themselves with such a strategy, its content falls short of expectations. Instead of offering insights on possible and innovative ways to implement the UNGPs, the NAP simply reviews current regulations and policies. This contrasts with the most recent NAPs from other countries, such as Italy, the US and Germany, which went one step further by integrating a comprehensive Baseline Assessment and/or examining the possibility of introducing legally binding measures. Given the high density of transnationally operating corporations domiciled on Swiss territory, the NAP would have been the perfect opportunity for Switzerland to honor its responsibility and show its commitment in the field of business and human rights. The current approach, based exclusively on voluntary measures, does not equip Switzerland with the sufficient tools to safeguard its international reputation. Out of 50 measures presented in the NAP, only six are genuinely new and are circumscribed to promotional activities and the improvement of existing instruments carried out by the Federal Department of Foreign Affairs. While the Federal Council emphasizes its willingness to communicate more clearly on it expectations towards Swiss corporations, the NAP does not explicitly formulate what those expectations entail. The Federal Council’s understanding of the «smart mix» leaves out binding measures even for high-risk sectors such as conflict minerals. No mandatory human rights due diligence is envisioned for state-controlled businesses despite the State’s increased responsibility for the activities of such companies. This conservative stance ignores the current international trend towards mandatory human rights due diligence...

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