Business and human rights

"Human rights" means the inalienable rights of all human beings, without distinction of any kind, whether based on ethnic origin, skin colour, gender, sexual orientation, language, religion, political opinions, national or social background, financial status, place of birth or any other grounds. All human beings must benefit equally from these rights, without suffering any discrimination. These rights are universal, inseparable, interdependent and indivisible. This means that improving the exercise of one right facilitates the progress of the others. Similarly, the deprivation of one right affects the exercise of all the others.

At international level, the United Nations Charter enshrines the principle of respect for human rights. 

The Universal Declaration of Human Rights (1948), adopted by the United Nations General Assembly in 1948, is the cornerstone of international human rights law. Its 30 articles provide the principles and foundations for present and future human rights conventions, treaties and other legal instruments. It is the common ideal to be achieved by all peoples and nations.

• The Universal Declaration is codified in international law by the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (1966).
• In the field of labour, human rights are enshrined in the eight fundamental conventions of the International Labour Organization (ILO). These conventions are based on principles and rights relating to freedom of association, collective bargaining, the elimination of compulsory labour, the abolition of child labour and the elimination of discrimination in respect of employment and occupation.

Taken together, these documents constitute the minimum reference point for internationally recognised human rights.

States have a legal obligation to respect, protect and implement the human rights set out in the international conventions they have ratified. In practical terms, this means:

• States must refrain from interfering with or curtailing the enjoyment of human rights (Respect);
• States must protect individuals and groups against human rights abuses, particularly by commercial enterprises (Protect);
• States must take positive action to facilitate the enjoyment of basic human rights (Implement).

Businesses are social players in the countries where they are active, way beyond a purely economic aspect. They actively participate in the profusion of the societies and economies of the countries where they choose to settle, whether in Belgium, in Europe or around the world. 

Belgian businesses are increasingly interconnected with the rest of the world, whether through the careers of their employees, the origin or destination of their products, their business relations and even their actual operations. This globalisation presents extraordinary opportunities, but also risks, for ecosystem equilibrium, social equity and good governance. 

As a result, businesses' actions are increasingly influencing (positively or negatively) the human rights of their employees, customers, supply chain workers and the communities around their operations. 

The Guiding Principles on Business and Human Rights were developed with this fact in mind.

The Organisation for Economic Co-operation and Development's Guidelines

The OECD Guidelines for Multinational Enterprises are an important initial document. They contain recommendations on responsible business conduct in areas such as professional relations, human rights, the environment, taxation, anti-corruption and consumer interests. The OECD directive was revised in 2023 to better respond to contemporary human, environmental and societal challenges. In this context, it was also decided that each OECD country would establish a National Contact Point (NCP), designed to encourage the application of the Guidelines and to act as a mediation platform within the framework of an individual complaints mechanism. The Federal Public Service Economy, SMEs, Self-Employed and Energy ensures the presidency and secretariat for the Belgian NCP. To date, 51 countries, including Belgium, have approved the OECD Guidelines.

UN's Guiding Principles on Business and Human Rights

In 2011, the Guiding Principles on Business and Human Rights were adopted by the United Nations Human Rights Council to set a global standard and provide clarity on the roles and responsibilities of states and businesses in relation to human rights impacts. This adoption was preceded by years of research and dozens of consultations with fields including the corporate world, civil society and local communities whose human rights are threatened by business activities. This is a major event for the protection of human rights and for the evolution of the concept of socially responsible business (SRB).

The video below provides a three-minute introduction to the UN Guiding Principles on Business and Human Rights

These principles are based on three pillars:

1. Protect: the State's obligation to actively protect people against human rights abuse, whether committed by other individuals or businesses.
2. Respect: the corporate responsibility to respect human rights.
3. Remedy: the need to ensure that victims of human rights violations have access to effective remedy and remediation measures.

The Guiding Principles underline the measures that States must take 

• to encourage businesses to respect human rights;
• to provide businesses with a blueprint for managing the risk of adverse impacts;
• and finally, to offer a series of benchmarks for stakeholders to help them assess businesses' respect for human rights.

It is with this same mindset that Belgium has committed to developing, in consultation with the country's stakeholders, a "business and human rights" National Action Plan implementing these Guiding Principles. The first NAP was adopted in 2017, covering the period 2017-2020. The second NAP was adopted in 2024, covering the period 2024-2029, and its implementation applies both to Belgian businesses operating in Belgium and/or abroad, and to international businesses active in Belgium.

Further information

• The Interpretive Guide to the Guiding Principles: "The corporate responsibility to respect human rights"
• Frequently asked questions about the Guiding Principles on Business and Human Rights