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Name of Resource

Agreements promoting International Responsible Business Conduct (RBC agreements)

Type

Agreement

Country / jurisdiction

Netherlands

Enacting authority

Social Economic Council of the Netherlands, Dutch Government, Dutch Unions, Dutch NGOs (a.o. UNICEF, Oxfam), Dutch business sectors

Entry into force / date of approval

2014, SER advisory report; 2016 onwards RBC Agreements

Description

In 2014, the Social and Economic Council of the Netherlands recommended concluding multi-stakeholder agreements promoting international responsible business conduct (RBC agreements) in high risk sectors. Since 2016 onwards ten Agreements were signed, amongst others for the clothing and textile sector, the food industry, insurance and pension sectors and the metal sector. Businesses, labour unions, NGOs, government are parties to the Agreements. Cooperation with other parties increases the leverage of businesses and provide support to identify, prevent and address negative impacts in their value chains, such as child labour, forced labour and freedom of association, in line with the OECD Guidelines for Multinational Enterprises and UN Guiding Principles on Business and Human Rights.

Availability

ENG: https://www.imvoconvenanten.nl/parties?sc_lang=en

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Name of Resource

National Action Plan on Business and Human Rights

Type

Policy

Country / jurisdiction

Netherlands

Enacting authority

Ministry of Foreign Affairs of the Netherlands

Entry into force / date of approval

April 2014

Description

The aim of the current National Action Plan (NAP), based on the United Nations Guiding Principles for Business and Human Rights (UNGPs), is to ensure companies protect human rights either directly or within supply chains. Five main points are addressed by the Action Plan: 1. Active role of the government 2. Policy coherence 3. Clarifying due diligence 4. Transparency and reporting 5. Scope for remedy.

The current NAP was published in 2014 and therefore needs an update. The Dutch government starts a revision of the NAP at the end of 2019. The first step of the revision is a gap analysis. The revision will also include multi-stakeholder consultations.

Availability

ENG: https://media.business-humanrights.org/media/documents/files/documents/netherlands-national-action-plan.pdf 
NLD: https://www.rijksoverheid.nl/binaries/rijksoverheid/documenten/brochures/2014/05/28/nationaal-actieplan-bedrijfsleven-en-mensenrechten/nationaal-actieplan-bedrijfsleven-en-mensenrechten.pdf

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Name of Resource

Child Labour Due Diligence Law

Type

Legislation

Country / jurisdiction

Netherlands

Enacting authority

Parliament of the Netherlands

Entry into force / date of approval

13 November 2019

Description

The law requires Dutch companies or companies that sell products on the Dutch market to examine whether child labour occurs in their production chain (due diligence). If that is the case they should develop a plan of action to combat child labour and draw up a declaration about their investigation and plan of action. That statement will be recorded in a public register by a yet to be designated public authority. The Dutch Parliament and the Dutch Senate have approved the law. However, specific aspects of the law have to be worked out in more detail in lower level regulation. The Act will enter into application after the adoption of this regulation, this is not expected to happen before the end of 2021.

Availability

ENG: https://www.government.nl/documents/publications/2017/02/07/child-labour-duty-of-care 

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Name of Resource

Policy on the inclusion of a due diligence requirement in public contracts

Type

Policy

Country / jurisdiction

Netherlands

Enacting authority

Parliament of the Netherlands

Entry into force / date of approval

13 November 2019

Description

Dutch public procurement law recognizes the general principles of public procurement law (equal treatment, non-discrimination, mutual recognition, proportionality and transparency) and the general principles of Dutch civil law (including pre-contractual good faith).

The Public Procurement Act 2012 (amended per 1 July 2016) applies to all public contracts. The Dutch Public Procurement Act is further detailed in the Public Procurement Decree (Aanbestedingsbesluit). The Proportionality Guide (Gids Proportionaliteit), Works Procurement Regulations 2016 (Aanbestedingsreglement Werken 2016) and the European Single Procurement Document / ESPD (Uniform Europees Aanbestedingsdocument / UEA) are part of the Public Procurement Decree.

Availability

NLD:
General: https://www.pianoo.nl/en/public-procurement-law-netherlands
Example texts for public procurement contracts: https://www.pianoo.nl/nl/document/14444/bestekteksten-internationale-sociale-voorwaarden
Model guidelines for companies: https://www.pianoo.nl/nl/document/14142/handreiking-due-diligence-voor-bedrijven 

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