Analyzing sector-specific impacts in dealing with the COVID-19 crisis and measuring compliance with the human rights aspect in the business sector, a report titled, ‘Human Rights Due Diligence Assessment of Business Sector in COVID-19 Response’, has revealed that business sectors in Nepal face a wide void in ensuring human rights.
The assessment released on February 15 by the Enhancing Access to Justice through Institutional Reform Project (A2J Project), a joint undertaking by the UNDP Nepal and the Ministry of Law, Justice and Parliamentary Affairs of Nepal, aims to develop a strategic approach for the interventions required in the business sector.
Initiated under the A2J Project in collaboration with the Federation of Nepalese Chambers of Commerce and Industry, this assessment provides an evidence-based analysis of eight specific areas of business. These areas include occupational health and safety, labor rights, environmental and community impacts, safeguarding of privacy, prevention of stigma discrimination, corporate policy and management considerations, gender and social inclusion, and coordination and communication among the stakeholders.
In addition to providing an enhanced understanding of the current and potential impact of business practices in tackling human rights concerns during COVID-19, this assessment recommends certain essential measures that are required to advance human rights during the response and recovery period of the crisis.
The assessment found that the business sector in Nepal has been able to introduce certain activities in response to COVID-19 making considerable progress with regard to policy considerations and consultations. Although trade unions were found to be unanimously cooperating with the private sector to ensure labor rights amid the crisis, one-third of businesses had not make any preparations to mitigate the problems. They had also failed to provide safety materials including masks and sanitizers for their employees at work subsequently challenging the spirit of labor laws.
- Protection of the rights of pregnant women and people with disabilities at work found to be lacking
- Only 31% of businesses were found to be against a reduction in employees
- Businesses had failed to protect labor rights due to a lack of financial resources, clearly demonstrating a demand for resilient relief and recovery packages in the business sector
- Businesses with plans in place to safeguard the privacy of consumers and the general public were not aware about safeguarding the privacy of workers
- Only two-thirds of businesses had made an emergency plan to mitigate the impact of the pandemic
- Only 43% of businesses had guaranteed the labor rights of employees
- 21% of businesses did not feel the need to protect labor rights
- 44% of businesses do not consult with workers and trade unions to discuss ways in which to eliminate potential risks for workers
- Only 48% of businesses take measures to eliminate or reduce potential occupational risks for pregnant women
The assessment has recommended that the Government of Nepal (GoN) promotes sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. It also recommends that labor inspection is strengthened and mobilized in order to implement the existing provision of labor-related laws and directives issued during and before the pandemic. Recommendations are also made to arrange loans or subsidies for businesses which may be utilized as temporary or partial wages for workers thereby continuing the existing social security contribution until the end of the pandemic or subsidies, special facilities, soft loans, or tax rebates be offered to the businesses that do respect labor rights.
The recommendations drawn up for the business community include developing occupational health and safety (OHS) policy integrated within COVID-19 safety protocols, forming an OHS committee in line with labor laws, consideration being given to the sensitivity of pregnant women while engaged at work, and safeguarding the basic needs of workers with a history of illness. Utilizing the labor audit, ensuring the right to employment, providing safety material to workers, and maintaining the privacy of workers are among other recommendations made to the business community.
Recommendations made for employer’s organizations and trade unions include raising public awareness to minimize the risk of the pandemic on businesses, facilitating the GoN and the business community to streamline business and human rights strategies to respond to the COVID-19 crisis, supporting the GoN and the private sector in capacity building and advocacy on human rights.
The assessment concluded that more efforts are needed to make the business community aware of the basic requirements for the protection of the workers to fill the current void.
