GANRHI, OECD, and OHCHR explore collaboration between NHRIs and National Contact Points on business and human rights
GANHRI, the Organisation for Economic Co-operation and Development (OECD), and the UN Human Rights Office (OHCHR) convened a side event bringing together national human rights institutions (NHRIs) from Argentina, Chile, Morocco, and the Philippines with national contact points (NCPs) for responsible business conduct from Chile, Colombia, Morocco, and Switzerland to explore avenues for collaboration on business and human rights.
The exchange demonstrated that coordinated efforts between NHRIs and NCPs are essential. Such collaboration can bridge complementary expertise to strengthen access to remedy and improve outcomes for human rights protection in the business sector.
Complementary mandates, shared goals
GANHRI’s Deputy Director, Nargiz Arupova, highlighted the concrete results of NHRIs-NCPs collaboration: more accessible pathways for rights-holders, stronger prevention of harm, and more coherent national responses to business-related human rights challenges. NHRIs are increasingly receiving business-related complaints, while NCPs, established under OECD Guidelines for Multinational Enterprises on Responsible Business Conduct, bring expertise in engaging with the private sector and addressing issues related to responsible business conduct. Together, they can provide a stronger, coordinated response, supported by the GANHRI-OECD memorandum of understanding (MoU).
Richard Palpal-latoc, Chair of the GANHRI Working Group on Business and Human Rights (OECD MNE Guidelines) and chairperson of the Philippines Commission on Human Rights, described how NHRIs document violations, provide remedies, launch investigations, develop national action plans, and advise governments on business and human rights issues.
Inma Valencia of the OECD Centre for Responsible Business Conduct explained that NCPs serve as government-based, non-judicial mechanisms to implement the OECD MNE Guidelines, aligned with the UN Guiding Principles on Business and Human Rights. NCPs are mandated to raise awareness of and support for the OECD MNE Guidelines, as well as to contribute to the resolution of issues arising from their implementation in specific instances. NCPs also support government efforts to develop, implement, and foster coherence of policies to promote responsible business conduct.
Perspectives from NHRIs and NCPs
Switzerland’s NCP, represented by Nadja Meir, demonstrated the global reach of these mechanisms: despite only 52 countries having NCPs, they have addressed cases involving more than 110 countries. NCPs may receive specific instances related either to issues occurring in their country or to enterprises established there. In Switzerland alone, the NCP has handled 35 cases, facilitating mediation between parties and issuing non-binding recommendations where mutually agreed solutions fully aligned with the OECD MNE Guidelines cannot be achieved.
Mohamed El Hashimi, representing both Morocco’s NHRI and NCP, drew on the country’s experience to show how NHRI-NCP collaboration works in practice. NHRIs can consult NCPs on capacity-building initiatives, enhancing shared responsibility, legitimacy, and due diligence.
Practical approaches to collaboration
From the Defensoria del Pueblo (Argentina NHRI), Florencia S. Wegher Osci highlighted the potential for cross-border collaboration between NHRIs and NCPs. An NCP’s mandate can operate in countries without one, necessitating communication not only within a country but also across borders. NHRIs can also engage in cases where human rights issues arise even if no OECD guideline violation occurred.
Marie Paz Rodriguez from Colombia’s NCP shared perspective on how regional collaboration strengthens capacity and sets realistic expectations for businesses. She cited the Pacific Alliance’s Subgroup on Responsible Business Conduct and a national policymakers’ roundtable on responsible business conduct, composed of 16 government entities, which supports joint analysis in business and human rights, with NHRIs playing a key role in early engagement. Knowledge sharing between NHRIs and NCPs, with their complementary mandates, proves vital.
Representatives from Chile’s NHRI and NCP showcased a mature cooperation model based on an existing MoU under which they conduct joint trainings, outreach activities, and coordinated support on grievance handling, including data sharing, joint analysis, and technical advice on specific cases. The NHRI participates in the NCP’s Multi-stakeholder Committee and has issued three legal opinions at the NCP’s request. The NHRI also maintains regular engagement in NCP meetings, attending four per year.
Participants noted that businesses often comply voluntarily with NCP nonbinding recommendations to maintain their reputation, despite differences in NCP operations and caseloads across countries.
Looking ahead
Closing the discussion, Germán Zarama of OECD outlined practical approaches for NCP-NHRI collaboration such as: non-judicial grievance mechanisms, stakeholder engagement, technical advice sharing, and policy dialogue
Cooperation can occur even without formal agreements. Such collaboration seeks to connect these spheres nationally, regionally, and globally, to enhance complementary and create platforms for ongoing dialogue and capacity building.