The Norwegian Agency for Public and Financial Management (DFØ) offers guidance on public procurement and human rights (PPHR).
Public organisations should have a purchasing practise verifying that human rights and the ILO core conventions are respected during the production process.
About Public Procurement and Human Rights
According to §5 in the Norwegian public procurement law (§5 LOA), public organisations shall promote human rights when procuring products with high risk of human rights violations in the supply chain.
We provide information in accordance with the legal requirements on socially responsible public procurement (SRPP) tools, templates and step-by-step guidance.
We have model templates of contract performance clauses based on based on the ILO core conventions, the UN Convention of the Child and national legislation of the country of production. The Contract performance clauses for safeguarding basic human rights in the supply chain, holds suppliers liable for integrating human rights due diligence carrying as part of core operations. The contract clauses are based on the OECD Due Diligence Guidance for responsible business conduct. They are to be used in accordance with the EU principles of public procurement, such as the proportionality principle. In line with the proportionality principle, we therefore recommend you to use the special contract clauses when procuring products from the High Risk list.
For contract-follow up we suggest, as a first step, to the use of a supplier self-assessment scheme for desktop contract follow-up. If information in the self assessment is lacking, we recommend, as a second step, more detailed contract follow-up such as document inspection at the suppliers head office. If the documentation of human rights due diligence is out by the supplier is lacking or insufficient, an on-site factory audit might be required as a third step. If violations of the special contract clauses are detected, the supplier is given a certain time frame to correct breaches. As a last resort, when suppliers are not cooperating or when corrections of breaches are not proven, the contract with the supplier can, as a last resort, be terminated.
Public procurement and Human Rights - promoting the UN Sustainable Development Goals (SDGs)
The SDG Goal 12.7, to make public procurement practices sustainable, is promoted by the Norwegian government by requiring contracting authorities to "implement appropriate measures to promote respect for human rights in public procurement where there is a risk of violation of such rights." Further, substantial contributions are also made to the SDG Goal 8.8; 12.7; 12.8 and 16.2: When public procurement bodies require suppliers of high risk products to document their human rights due diligence, economic leverage becomes an important force to eradicate the worst forms of child labour and forced labour.
If you have questions, would like to cooperate with us or if you wish to have more information about public procurement & human rights in Norway, please contact us at sparretelefon@dfo.no.
Systematic high risk of human rights breaches linked to public procurement
Public entities daily buy products with systematic high risk of human rights violations in the supply chain. Human rights violations are defined as breaches of the ILO core conventions, the UN convention of the child and national workers legislation in the production countries.