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New Publications - Clifford Chance on the UK National Action Plan

Clifford Chance
For the inaugural “New Publications” section, I wanted to cover a recent publication by the law firm Clifford Chance. The publication, a briefing note put out by the firm, covers the recent UK National Action Plan that was released this fall (a copy of the plan is available here).

A Word on National Action Plans:

National Action Plans (or NAPs) are designs put together by States for ways in which to implement the UN Guiding Principles and the three pillar framework on which their built. Under the GPs, States are reminded that they have the duty to protect their citizens from business related human rights violations. NAPs are meant to address the specific types of harms that can occur when businesses have negative human rights impacts in their community.

The beauty of briefing notes like the one provided by Clifford Chance, is that their timely – case in point: the plan was announced by the UK government on September 4, 2013. Clifford Chance published its briefing note on September 5th. Obviously, that can come at a cost – usually for in-depth analysis.The note is no exception – providing a very descriptive and “straight to point” report of the plan. It discusses the UK’s endorsement of the GPs and also discusses how the NAP includes the UK government’s encouragement for all “business enterprises … to emphasise the importance of respect for human rights to their UK and overseas suppliers.”

Other major points of the NAP discussed in the note, include:

(1) a certification process to “further implement human rights standards for private security companies” 
(2) an examination of State owned enterprises for potential negative human rights impacts
(3) examination of the government procurement process to improve human rights issues
(4) working with the EU on implementing the GPs.

The United Kingdom is the first country to launch a National Action Plan under the Guiding Principles (although other countries hoped to have NAPs out by the end of last year, to my knowledge the UK is the only one out there). In fact the Clifford Chance briefing note stated that “we expect to see other EU Governments publish their own national actions plans before the end of 2013. In particular, the Dutch Government has indicated that it expects to submit a draft plan to the Dutch parliament before the end of the year.” Many other countries seem to have discussed the GPs in various publications (see the Business and Human Rights Resource Centre here, for a list) but, apart from a draft NAPfrom Spain (issues in November and available here) the UK has taken the lead on this issue.

Picture taken from Cliffordchance.com

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