The new Guide focuses on the whole process of public procurement and addresses in turn: eligibility criteria; binding supplier responsibility statements (to be signed by the highest responsible manager of the supplier); evaluation criteria; contract execution and management; and monitoring and follow-up of public contracts.
The Guide was developed during the passage of a new Public Procurement Law in Spain in 2017. The organisations responsible for the Guide and others working for human rights advocated for amendments to this procurement law. Our principal aim was that it should become illegal for state bodies to enter into supply contracts with companies that do not respect human rights. As we did not succeed in integrating this norm into the Spanish legislation, the Guide is more necessary than ever. The new Spanish procurement law does establish a wider range of possibilities and includes more social aspects compared to its predecessor, but what social organisations sought is still missing: the ability to exclude entirely those companies responsible for human rights abuses from public procurement procedures. Continue reading. “Catalonia: New Guide on Human Rights in Public Procurement”
By Linda Piirto Senior Advisor, Responsible Business Conduct, Ministry for Economic Affairs and Employment, Finland
Some years ago I was sitting in a small conference room in Brussels with a bunch of European colleagues – public procurement specialists and responsible business conduct enthusiasts – to hear how social aspects could be taken into account in public procurement. Unfortunately the message we heard wasn’t that encouraging: I got the impression that procurement units (and us representing the awareness-raising wing) weren’t encouraged to explore the topic since it was deemed too difficult.
I left that non-workshop feeling baffled, but not discouraged. For us Finns the option of not doing anything wasn’t really an option: there were already social expectations that public procurement should be responsible, both environmentally and socially. Once a strong expectation exists, we tend to think it’s better to explore how it could be executed in practice and provide guidance, rather than wait for “innovative” ways to interpret the procurement legislation to emerge in bulk. Continue reading. “Finland: New guidance on socially responsible public procurement spotlights practical solutions”
By The Geneva Centre for the Democratic Control of Armed Forces (DCAF)
The use of private military and security companies (PMSCs) worldwide is increasing. Since the early 1990s, the global private security industry has been expanding significantly in response to increasingly complex security environments, ranging from conflict or post-conflict situations to growing terrorism threats and humanitarian crises.
In the Latin America and Caribbean region for instance, at least 16,174 private security companies have been identified, with more than 2,450,000 legal employees working as security guards. Today it is not rare to have states with a higher ratio of private security personnel to police. PMSCs have adapted their services and operations to this context; nevertheless, some PMSCs have also attracted increasing international attention due to misconduct, human rights abuses, and violations of international humanitarian law.
By Jovana Stopic Jovana Stopic is a human rights expert, she has been working with Belgrade Centre for Human Rights on establishing human rights and business footprint in Serbia since 2013
As a candidate country for EU membership, Serbia has been in the process of accession negotiations since 2014. Negotiations were initiated on a number of chapters including Chapter 5 on public procurement and Chapter 23 covering fundamental rights. To enter into EU membership, amongst other requirements, Serbia is expected to ensure that EU legislation has been transposed across the board into Serbian law and that it is effectively implemented. This means that the accession process is currently the main reform engine in the country in all spheres of political and economic life. It also entails that the success of any advocacy activity is conditioned on its proximity to the priorities set for the EU integration agenda.
By Alison Elliott Senior Policy Adviser, UNICEF Australia
The business and human rights agenda has gathered pace over the last year in Australia.
Now, three on-going processes represent significant opportunities to strengthen Australian policy and legislation, including in the area of public procurement.
If seized, they offer a chance to better protect individuals and communities against adverse human rights impacts of business activity, reward leading companies and further support corporations to meet their responsibility to respect human rights.
In particular, we recommended the inclusion of a “Transparency in Supply Chains” provision to apply to public bodies, as well as corporations, and to build upon experience, practice and research concerning the first year of implementation of Section 54 of the UK Modern Slavery Act 2015 (MSA) by UK public buyers.
The booming field of public procurement studies is increasingly open to investigating human rights issues within supply chains. However, little attention has so far been paid to the economic and political impacts of public procurement regulations and practices on gender equality. Gender and sexuality cannot be separated from workers’ rights, fair pay, modern slavery – issues that are of interest to public procurement and human rights scholars and advocates. Gender and sexuality have widely been shown to reinforce occupational segregation of socio-economic classes in the workplace. Continue reading. “Why does Gender Equality Matter to Public Procurement? An African perspective”
The ICESCR is one of the two main human rights treaties worldwide. The Committee is made up of 18 independent experts who monitor implementation of the ICESCR by States parties. In its general comments, the Committee provides guidance on how states’ obligations under the ICESCR should be interpreted.
The Committee’s draft general comment on business and human rights expands on a range of business and human rights issues, drawing on the UN Guiding Principles on Business and Human Rights as well as the ICESCR.
The Modern Slavery Act (“MSA”) defines “commercial entities” as suppliers of goods or services with a total annual turnover of £36 million or more. This includes certain public bodies subject to the UK’s Public Contracts Regulations (2015). Amongst these are over one hundred Universities and Higher Education providers, which receive public funding from the Government at the same time as they act as commercial entities, by charging fees for the services they deliver.