Contributions to the National Action Plan on Business and Human Rights
In preparation for the official visit of the UN Working Group on Business and Human Rights to Argentina in February, the Asociación por los Derechos Civiles (ADC) presented contributions on the National Action Plan on Business and Human Rights, and the incorporation of a digital perspective in it. At the same time, the organization took the opportunity to express its willingness to meet with the Group to explore the issue further.
In the contribution formulated, ADC suggests the Study Group to:
● Recommend to the authorities coordinating the NAP elaboration process to ensure meaningful participation and transparency throughout the process.
● Meet with the authorities of the Business and Human Rights Program of the Ombudsman’s Office. ● Meet with the authorities of the Business and Human Rights Program of the National Ombudsman’s Office in order to know the status of the preparation of the National Baseline.
● Recommend to the Argentine State to comply with its constitutional mandate and with the court ruling ordering it to carry out the process of appointing a National Ombudsman in a participatory, open, and transparent manner.
The other contribution provided by the organization focuses on the need to incorporate a privacy perspective in the Plan, a great opportunity for the Agency for Access to Public Information (AAIP) to be incorporated into the process and assume commitments in this regard.
Among the leading suggestions shared were:
● That dissemination materials and guides be produced to facilitate the implementation of due diligence processes on human rights, with a special focus on privacy and personal data protection.
● To supervise, control, and sanction -if applicable- those companies that violate the personal data of the population, according to the classification of infringements and their graduation as legally established in Resolution No. 240/2022 of the AAIP (31).
In general, the incorporation of a digital perspective in the National Action Plans for Business and Human Rights should be promoted through the consideration of human rights. The incorporation of a digital perspective in the National Business and Human Rights Action Plans should be promoted in general by considering rights such as privacy, protection of personal data, equality, and non-discrimination.
● To recommend to the National Business and Human Rights Action Plans that they incorporate a digital perspective by considering rights such as privacy, protection of personal data, equality and non-discrimination, and freedom of expression, in light of the activities of the technology sector.
● Recommend to the national authorities in charge of the NAP that the participation of representatives of the AAIP, the National Administration Contracting System, and the national technology sector in the drafting process is essential.
For ADC it is of great relevance to promote the business and human rights framework in general and the UNGPs in particular, for the development and distribution of digital technologies. For this reason, as part of its thematic agenda, it has carried out actions such as giving workshops to technology cooperatives and human rights institutions, participating in the Regional Forum on Business and Human Rights, and participating in the Regional Forum on Business and Human Rights.