Civil society’s recommendations for the National Policy on Human Rights and Business

Understand how the PNDHE aims to integrate human rights into business practices and the need for controls and reparations

Foto: MPT/Reprodução

The National Policy on Human Rights and Business (PNDHE) was set up to incorporate human rights principles into business practices and to ensure that companies respect the fundamental rights of people, including workers and communities whose environments are affected by their operations.

In 2020, in order to build an effective policy capable of addressing the main issues in this area the federal government created an Inter-ministerial Working Group (GTI). It is comprised of representatives from 17 ministries and government agencies, under the leadership of the Ministry of Human Rights and Citizenship (MDHC). In addition to public bodies, civil society organizations, including Conectas, also participate in the group. 

The collective’s aim is to address gaps in regulation and ensure a more responsible and sustainable business environment, in line with international standards for human rights protection. So far, a series of public consultations and reports have been conducted. 

In conjuction with a number of other organizations, Conectas produced a report that brings together specific recommendations for the PNDHE, aiming to ensure that this policy becomes an effective regulatory framework adapted to local realities.

See below some of civil society´s recommendations to the PNDHE:

The report by Conectas and its partners presents recommendations under four main categories: access to justice, full reparation, a victim-centered approach, and non-repetition of violations.

1. Measures aimed at guaranteeing access to justice
   • Extension of safeguarding: it is recommended that the protection guaranteed by the National Policy on the Rights of Populations Affected by Dams (PNAB) be extended to all those affected by business activities.
   • Capacity building of institutions: it is essential to train legal institutions, labor auditors, and the police to handle the complexity of human rights violations by businesses.
   • Effective participation: People who have been directly or indirectly affected must be allowed to participate effectively in any judicial or extrajudicial agreements.
   • Independent Technical Advisors: the requirement of an independent technical advisor for affected individuals.
2. Measures aimed at guaranteeing full reparation
   • Full reparation: reparation must take specific damages into account and include measures such as restitution, compensation, rehabilitation, satisfaction, and non-repetition, in accordance with the standards of the international human rights protection system.
   • Reinvestment and pension: the resources from Conduct Adjustment Agreements (TACs) must be reinvested in the affected communities. Additionally, the creation of lifetime pensions for individuals rescued from slave labor is suggested.
3. Measures aimed at guaranteeing a victim-centered approach

• • Victim participation: Victims must be actively involved in the reparation process, and transparency and access to information must be ensured to prevent them from being re-victimized.
  • Inclusive governance: For collective damages or disasters, governance must be established that ensures the participation of affected individuals, with appropriate listening and reporting channels.

1. Measures aimed at guaranteeing non-repetition

• • Prohibition of public contracts: companies convicted of human rights violations must be prohibited from entering into contracts with the public sector and obtaining financing from state-owned banks.
  • Effective accountability: monitoring and joint liability across the entire value chain for human rights violations, including financial institutions that have invested in or financed activities.

• Setting up processes: Establish and provide accountability for programs and processes aimed at ensuring non-repetition, including due diligence, listening and reporting channels, and alert systems with the participation of affected individuals.
• Public disclosure of case files: judicial case files involving violations should be accessible to the public, except in confidential cases.