Issues related to business and human rights have recently become an increasingly popular subject of discussions among international organisations, including the United Nations (UN), the Organisation for Economic Co-operation and Development (OECD), the European Union (EU), the Council of Europe (CoE), and the International Labour Organization (ILO). The international community has developed a number of initiatives and has taken practical steps to specify the role and responsibility of individual actors in protecting and respecting human rights. Poland has been actively involved in the process of creating a new approach to this issue at both national and international levels.
The development of responsible business policies has gained momentum not only on the international scene, but also in the domestic market. Companies are increasingly aware of the real business consequences and risks associated with non-compliance with responsible business standards. Right now it is vital to ensure intensive educational and awareness-raising activities for companies in the areas of respect for human rights in the context of their specific operations. The role of public administration in the process is twofold. First of all, it should carry out activities aimed at closing the loopholes in the labour market system in order to guarantee decent and safe working conditions for employees, improve mechanisms for asserting rights and redressing harm inflicted and, above all, eliminate any possible irregularities and strengthen the activity of institutions and organisations safeguarding compliance with labour law on the part of entrepreneurs. On the other hand, public administration should facilitate proper conditions for the development of constructive dialogue and partner cooperation of various institutions and organisations involved in furthering the respect for human rights in business. The issue is a very complex one and requires active involvement and cooperation of various offices, institutions, and organisations.

UN Guiding Principles on Business and Human Rights. History of the initiative

States are obliged to respect and implement human rights provisions in ratified conventions. The obligation to respect human rights means that governments take appropriate measures to enable the exercise of human rights by both citizens and people under the jurisdiction of the state. This is an ongoing process as human rights evolve, and the scope of the protection thereof increases in response to changing political, social, and technological conditions.

In response to suggestions that business and human rights issues should be addressed in UN documents, the UN Human Rights Council adopted by consensus in 2011 the UN Guiding Principles on Business and Human Rights, developed by a team of experts led by Professor John Ruggie. The Guiding Principles constitute an important step for the international community to reduce the risk of human rights abuses in connection with business. They primarily address the obligations of states to ensure the protection of the individual’s rights against violations on the part of enterprises. They also emphasise the role of companies in the implementation and protection of human rights, resulting from both national law and international obligations. It is essential that states ensure the effective judicial and extrajudicial enforcement of mechanisms for the handling of complaints on human rights violations in connection with economic activity. According to the Guiding Principles, victims should be given access to remedies and the possibility of redress for any harm incurred.

Work on the development of the adopted Guiding Principles has been conducted by the UN Working Group on Business and Human Rights on an ongoing basis, as well as at the annual UN Forum and at the level of regional institutions responsible for business and human rights. Business and human rights issues were also included in the Sustainable Development Goals adopted by the UN General Assembly.

Within the framework of the UN, works have been undertaken to draft a legally binding document relating to human rights in the context of business, and within the framework of the EU work, regulations on ‘due diligence’ procedures in business activities are being prepared. In both cases, the reference point is the United Nations Guiding Principles on Business and Human Rights. In line with the recommendations of the UN, the EU and the CoE, one of the elements of strengthening respect for human rights in the context of business consists in the fulfilment of the National Action Plans for the implementation of the United Nations Guiding Principles on Business and Human Rights (hereinafter the NAPs). 

Actions taken by Polish government to align NAPs with the UN Guiding Principles

The Ministry of Foreign Affairs has assumed the role of coordinator of the process of developing the Polish National Action Plan  with respect to the implementation of the United Nations Guiding Principles on Business and Human Rights. The development and regular updating of the NAP requires the cooperation of many entities: governmental institutions, industry and non-governmental organisations. The issue of ensuring the observance of human rights in business is the shared responsibility of the state, including the executive, legislative, and judicial branches, as well as business circles and civil society. The government plays a key role in this process, as it is responsible for the majority of planned activities under the NAP.
The work on the National Action Plan required a comprehensive analysis of the current legal status in relation to the subject of the UN Guiding Principles, so as to identify whether and where Polish law and practice require specific changes and adjustments. Such an analysis was carried out by the relevant ministries and was included in the first edition of the NAP. Consultations with a wide range of stakeholders, primarily with employers’ organisations, trade unions, and NGOs, facilitated an evaluation of the issues from different perspectives and the collection of specific recommendations for the NAP.
The first edition of the National Action Plan for the implementation of the United Nations Guiding Principles on Business and Human Rights was created on the basis of the three pillars included in the Guiding Principles:

I. The state’s duty to protect human rights;
II. The corporate responsibility to respect human rights; and
III. Access to remedies.

The first edition adopted on 29 May 2017 covered the period 2017-2020. A Mid-Term Report (2018) followed by a Final Report (2021) were drawn up to account for the implementation of the NAP.  Through the implementation of the UN Guiding Principles, the NAP primarily aimed to enhance the protection of human rights of individuals and to enable them to seek justice when their rights are violated by business. By describing the government’s actions to promote corporate social responsibility, as well as referring to strategic documents in this area, the NAP demonstrated a deliberate state policy of supporting businesses while stressing the need for human rights.

The second edition of NAP covering the period 2021-2024 has been accepted by Council of Ministers on 8 October 2021. It includes the planned activities of individual institutions, prioritising them according to the formula developed in course of drawing up the reports of the first edition. Individual ministries and institutions have prepared schedules for the implementation of the planned activities. In 2023, the Ministry of Foreign Affairs in its capacity as the coordinator, in cooperation with relevant ministries and institutions, will prepare a mid-term report on the implementation of the NAP, and in 2025 – a final report.