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Peer Review of the Italian National Contact Point: an update on the implementation of the recommendations

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This presentation provides a report on actions taken by the Italian National Contact Point (NCP) following the OECD Peer Review of the Italian NCP in 2017.

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Peer Review of the Italian National Contact Point: an update on the implementation of the recommendations

  1. 1. OECD Peer Review of the Italian National Contact Point for the OECD Guidelines on Multinational Enterprises Update on the implementation of the Recommendations OECD-WPRBC, 6-7 March 2018 1
  2. 2. Presentation and approval of the Italian NCP Peer Review Report 2 OECD WPRBC Meeting on March 7th, 2017: Acknowledgements:  compliance of the Italian NCP with the core criteria of the OECD Guidelines and with its procedural Guidance.  the NCP is well resourced and well regarded within the Government and amongst external stakeholders  the NCP is highly active in promoting the Guidelines and in providing expertise on RBC In the picture: Mr. Stefano Firpo – President of the Italian NCP Ms. Maria Benedetta Francesconi – Head of the Italian NCP Secretariat at the WPRBC Meeting – March 7th, 2017 Opportunities • Greater visibility of the NCP among institutions and stakehodlers • Identification of key areas for improvement
  3. 3. 3 a. Institutional Arrangements b. Promotion c. Specific Instances Management 2. The Peer Review Report The Peer Review Report was translated, distributed and published also in Italian 6 Recommendations in the following areas:
  4. 4. 4 a. Institutional Arrangements Actions taken:  Peer Review shared with the offices of the Minister and the Vice Minister  Notes to Minister’s cabinet sent, over the period, on NCPs activities  Collaboration with the Minister and Vice Minister's offices to represent NCPs activities in public events and political fora Findings Recommendations 4.1 4.1. The NCP’s position within the Ministry of Economic Development (MED) has been effective in raising the profile of its work and in developing relationships with Italian enterprises, relevant government agencies and other stakeholders. At the same time there is room to increase visibility of the work of the NCP within the Ministry. The NCP should consider establishing direct communication channels with the office of the Minister of Economic Development in order to further increase its visibility. Outcomes:  Increased visibility of the NCP at political level after the Peer review  Recognition of the NCP as reference for RBC matters: major involvement of the NCP in discussions related to RBC (for example EU Investment policy and Green finance)  Increased awareness on the grievance mechanism
  5. 5. a. Institutional Arrangements 5 4.2. Not all members of the NCP Committee are equally active. Some members of the NCP Committee do not have a strong awareness of the activities of the NCP. The NCP should consider reforming the NCP Committee to ensure it is practical and effective. For example, the NCP Committee could reduce its membership to create a more efficient and engaged advisory body. A smaller yet still representative committee could play a stronger advisory role. The members of the current NCP Committee could continue to meet and exchange views on RBC biannually, or as appropriate. Actions taken  Ad hoc working group created within the NCP Committee on the revision of NCPs specific instance’s procedures  Direct involvement of the Committee members in the definition of the NCP activities  Ad hoc working Groups agreed with the Committee on specific issues concerning the implementation of the Guidelines and connections with developments in RBC (ex NFD, SDGs) Outcomes  Increased cooperation in the dissemination of the GL with the Committee members  Launch of a survey on OECD Guidelines – SDGs and NFD with the contribution of the members  WG on NCP procedures
  6. 6. 6 b. Promotion Actions taken:  Specialised events on the grievance mechanism involving Academia, ILO, French NCP, the European Union Agency on Fundamental Rights, ECA, stakeholders involved in specific instances  Stakeholders consultation on the specific instance mechanism within the framework of the implementation on NAP on BHRs  NCP website revision and restyle Outcomes:  Number of specific instances received increased:  2000-2015: 9 specific instances  2016-2017: 7 specific istances Sectors: Construction; Financial and insurance activities; Information and communication; Mining and Quarrying; Manufacturing. GL Chapters: Concepts and principles; General policies, Disclosure Human rights; Employment and industrial relations; Environment; Combating bribery; Consumer interests, Science and technology; Taxation. Findings Recommendations 4.1 5.1. Despite the strong promotional efforts of the NCP, there is a low awareness of the grievance mechanism function of the NCP amongst stakeholders. The NCP should look for more opportunities to promote the function of the NCP as a grievance mechanism within its current promotional activities.
  7. 7. B. Promotion – Outcomes- New NCP Website 7  Improved transparency on NCP’s activities  Facilitation of the submission of specific instances  Self-management of contents for more timely public update on specific instances  Facilitation of access for disadvantaged persons  focus on priority issues (human rights, non financial disclosure… )  Focus on OECD sector guidance and on tools for RBC in enterprises Release: May 2018
  8. 8. 8 c. Handling Specific Instances Findings Recommendations 4.1 6.1. The NCP Committee is a large body that formally meets twice a year, which could make it challenging to provide feedback on specific instances as they arise. The NCP should consider developing a more flexible and reactive mechanism to provide technical advice to the NCP Secretariat and ensure that specific instances are handled in an efficient manner, for example by setting up ad hoc subcommittee(s). 6.2. Certain aspects of the current rules of procedure of the NCP are based upon the NCP’s discretion and the current indicative time frame of one month for initial assessment is not sufficient for this phase of the process. The NCP should consider modifying the rules of procedure to ensure that the initial assessment phase is: 1) more predictable, by avoiding procedures which rely on the NCP’s discretion 2) easier to implement, by extending the one month initial assessment period to three months as provided by the Procedural Guidance of the Guidelines, while retaining the possibility for submitters to reformulate their submissions as necessary. Actions taken:  An Ad Hoc Working Group composed by members of the NCP Committee has been created in order to review the NCP procedures taking into consideration the Peer Review recommendations  The Working Group was established on October 16th 2017  Members: Ministry of Foreign Affairs and International Cooperation (MAECI); 3 Trade Unions (the Italian General Confederation of Labor – CGIL, the Italian Confederation of Trade Unions – CISL and the Italian Labor Union – UIL) 1 Business Association: Confindustria (General Confederation of Italian Industry) Output:  ToR of the WG activity approved  Draft of the Manual of procedure elaborated Next meeting of the WG March 20th, 2018 Expected date of approval of the new procedures June 2018
  9. 9. 6.3. In two specific instances where the NCP has been involved in a supporting role Italian parties noted they would have appreciated additional communication from the NCP. The NCP could play a more active role when it acts as a supporting NCP by informing the parties of the procedure and relevant developments. This provides an opportunity to further promote the Guidelines. 9 Actions taken  The NCP asked the UK NCP an update it on a case managed by the latter, in which it was supporting NCP, accordingly, it informed the Italian parties involved in the case  The NCP Informed the party concerned by a multi-NCP specific instance about the fact that the Argentine NCP is leading Outcomes:  Increased communication with the parties c. Handling Specific Instances

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