回應部門: Ministry of Foreign Affairs
貴國是否採取了一些您認為特別成功的行動來減少企業對人權的負面影響？請給出一個或多個實例。
The Government of Belgium, both at the Federal and federated levels, has taken a series of initiatives to improve companies’ impact on promotion and protection of Human Rights in the past, essentially in the framework of CSR policies.
Following the adoption of the UN Guiding Principles in 2011 and the EU Action Plan for Human Rights and Democracy, the Government of Belgium has decided to draw up a National Action Plan specifically focused on Business & Human Rights to address the existing gaps.
A number of administrations are now working on this NAP, that should be completed by early 2015.
A series of steps have already been taken in the process, such as the basis analysis (Gap Analysis/Mapping) and a first stakeholder consultation.
貴國政府中哪個/哪些部門主要負責工商業與人權事務？
The process around the Belgian NAP Business & Human is led by the Ministry of Foreign Affairs (Human Rights Directorate) and the Federal Institute for Sustainable Development (FISD, annexed to the Chancery of the Prime Minister).
The FISD chairs the Interdepartmental Commission for Sustainable Development, in which all federal and regional/community administrations are represented.
Within this commission, the FISD chairs the working group responsible for drafting the NAP Business and Human Rights and other related activities, such as the dialogue with the relevant stakeholders. Other departments involved in this working group include the Ministry of Economy, the Ministry of Employment, the Ministry of Justice, the Office of the Prime Minister and the Ministry of Environment at the federal level, as well as different line ministries at the regional and community levels.
2011年6月《聯合國指導原則》獲得通過後，貴國是否採取了新的工商業和人權舉措或加強了已有舉措？
Yes, amongst other things, Belgium has started drafting its NAP Business & Human Rights and has organized a series of colloquia and events to promote this issue at the national level, but also within the EU and at the UN.
您的政府採取行動後，對工商企業最大的五個人權影響是什麼？
Types of company impacts prioritised:
- Discrimination
- Sexual harassment
- Other core labour rights (including freedom of association & trade union rights)
- Women’s rights
- Impacts on children, including child labour
就歧視採取行動
The Belgian Parliament has adopted a number of legislative measures since 2011 that will improve the impact of business on Human Rights in a variety of domains. For example with regard to discrimination between men and women, the Belgian Parliament adopted on April 22 2014 a law to fight the gap in pay between men and women.
A number of guides and trainings have also been developed to sensitize and inform individuals and companies on this issue.
貴國是否制定了聯合國人權理事會和工商業與人權工作組所倡導的《國家工商業與人權行動計劃》，或者是否打算這樣做？
Cf. answer to question 1 above.
With regards to CSR, Belgium has adopted its first CSR action plan in 2006. The latter was updated in 2010. A new update is foreseen in the framework of the upcoming NAP on Business & Human Rights.
如果貴國已經制定國家行動計劃或打算這麼做，請重點說明這些舉措是否參考國際人權標準，制定時是否與受影響的利益攸關者進行了磋商。
Yes (cf. above).
Stakeholders (business, civil society, unions) have been consulted in the preliminary phases and further consultations are foreseen down the road.
補救途徑: 採取了哪些舉措推出新的司法或行政性補救手段，或減少受害者使用現有補救手段時面臨的障礙？
Individuals, groups or organisations who wish to file a complaint against companies concerning human rights violations committed in Belgium can address such complaints to the local courts. Recent legislation has made “class action” suits more easily accessible in a number of cases.
Belgium is a signatory of the European Convention on Human Rights and as a member of the EU is dedicated to the values entrenched in the EU Charter of Fundamental Rights.
Belgium recognizes the decisions in this regard, whether they emanate from the EU Court of Justice in Luxemburg or the European Court of Human Rights in Strasburg.
Belgium has also ratified the Rome Statute and recognizes the International Criminal Court.
Belgium is also a signatory to the OECD Anti-Bribery Convention, and has made the necessary legislative amendments to its Criminal Code to ensure extraterritorial competences for the Belgian judiciary on corruption by Belgian companies outside of the country, in accordance with its OECD commitments.
Finally, in 1993 Belgium has adopted legislation on extraterritoriality with regard to the most serious violations of international humanitarian law. This law also enables individuals to file complaints against companies when serious crimes are committed outside of Belgium, provided certain criteria are met.
您的政府採取了什麼行動去改善非司法補救措施？
Belgium was one of the first signatories of the OECD Guidelines for Multinational Enterprises (1976) and has an OECD contact point since 1980.
Moreover, Belgium has ratified the main international Human Rights treaties and recognizes the investigation and individual complaint mechanisms under all the Human Rights treaties that it has ratified, including the complaints mechanism of the International Covenant on economic, social and cultural rights.
補救途徑: 針對總部設在貴國的企業及其附屬機構，貴國是否採取措施加強對它們在海外人權影響的問責？如果是，請說明。
[See response to actions on judicial remedies here.]
有什麼因素阻礙您的政府就工商企業與人權採取行動？
Significant factors are:
- Lack of resources for enforcement, monitoring and prosecution
- Lack of understanding or awareness of business & human rights in government
- Challenges of coordinating across government departments
Minor factors are:
- Opposition or lack of consensus within government
- Opposition by economic interest groups or business associations
如果貴國希望獲得支持，哪種形式的支持最能夠幫助貴國推動改善公司對人權的影響？
Support to convince other countries to draft and reinforce their own legislation with regards to Human Rights and create a level playing field in this respect.
Our experience has taught us that the process of writing a NAP on Business and Human Rights was also a strong catalyst in this regard, as well as a useful means of sensitizing both government, business and civil society to the issues at hand.
In that perspective, we will encourage our partners to also draw up their own NAP’s, in a transparent and inclusive way, keeping in mind the need to consult with the relevant stakeholders.