The State duty to protect

International human rights law requires states to respect, protect and fulfil the human rights of individuals within their territory and/or jurisdiction. This includes the duty to protect against human rights abuses by third parties, including business enterprises. The Swiss federal government’s duty to protect stems from its international commitments, namely the international human rights conventions that it has ratified (UN conventions, ILO conventions, European Convention on Human Rights).

In accordance with the UN Guiding Principles, the State should introduce a smart mix of mandatory and voluntary measures, set out its expectations of the corporate sector, ensure policy coherence and pay particular attention to government-associated businesses.

Smart mix of mandatory and voluntary measures

The State duty to protect emphasises the duty to take the necessary action to protect the population from human rights abuses, whether committed by public or private-sector actors, including business enterprises. This can be achieved by means of legislation, incentives and support measures.

The State can employ both binding and non-binding instruments to fulfil its duty to protect. In particular, it can also support corporate initiatives. The State duty to protect is supplemented by the corporate responsibility to respect human rights.

Switzerland’s international obligations require it, for example, to take measures to combat forced labour and human trafficking. Human trafficking for labour exploitation is defined as the recruiting or trading of people who are forced to work against their will. SECO is committed to making labour inspectors aware of this issue. SECO’s Labour Directorate began its awareness campaign on 20 July 2020 with the publication of an information brochure containing practical tools, including indicators for identifying potential victims.

Examples of legislative measures

Regulation of private security service providers

The business context of private security service providers exposes them to an increased risk of becoming involved in human rights abuses. In September 2013, Parliament thus passed the Federal Act on Private Security Services provided abroad. The Act prohibits security firms based in Switzerland from participating directly in hostilities in an armed conflict abroad, and forbids activities that support the commission of serious violations of human rights. It also contains reporting requirements for companies wishing to provide private security services abroad, and obliges Swiss-based providers to accede to the International Code of Conduct for Private Security Service Providers.

For further information:
International Code of Conduct for Private Security Service Providers

Regulation of war material

Business enterprises which manufacture or trade in war material are exposed to an increased risk of becoming involved in human rights abuses by third parties.

The manufacture and transfer of war material and the associated technologies is governed by the War Material Act and its Ordinance. The manufacture, brokerage, export and transit of war material for recipients abroad will be authorised if this is not contrary to international law, international obligations and the principles of Swiss foreign policy. The decision on whether or not to issue authorisation for a foreign transaction must abide by the criteria laid down in the War Material Ordinance. In addition to other factors, the domestic situation in the country of destination, specifically respect for human rights, must be taken into account. If the country of destination violates human rights in a systematic and serious manner, it is imperative that the export licence be denied.

For further information:
Export Controls and Sanctions

Regulation of technologies for internet and mobile communication surveillance

Technologies for internet and mobile communication surveillance can be used for both civilian and military purposes, i.e. they are dual-use goods. They can be an element in state repression, for example, thereby exposing the business enterprises that manufacture or trade in them to an increased risk of becoming involved in human rights abuses. The export or brokerage of technologies for internet and mobile communication surveillance is governed by goods control legislation. On 13 May 2015, the Federal Council decided that a licence to export or to broker such goods must be refused if there is reason to believe that the exported or brokered good will be used by the final recipient as a means of repression. The transfer of intellectual property, including expertise and the grant of rights, concerning technologies for internet and mobile communication surveillance was also made subject to licence.

For further information:
Regulation of technologies for internet and mobile communication surveillance (in German)

Examples of support measures

Initiative on respect for labour and human rights in value chains

The federal government promotes the implementation of the fundamental conventions of the International Labour Organization (ILO) as part of economic development cooperation, and in cooperation with the ILO itself. In this context, it designed a project with the ILO to ensure that labour rights are implemented by business enterprises in developing countries. It supports the ILO and International Finance Corporation (IFC) Better Work programme for the clothing industry as well as the ILO's SCORE (Sustaining Competitive and Responsible Enterprises) programme, which focuses on working conditions at SMEs. These projects are run jointly with the ILO, governments, the private sector and unions, and are focused on compliance with fundamental labour standards, including measures to combat child and forced labour.
The federal government also pursues a wide variety of activities to support the human rights aspects of sustainable value chains.

For further information:
Economic cooperation in the field of labour and employment (in German)

Support of Multi-stakeholder Initiatives

Brochure “Human trafficking for the purpose of labor exploitation” (german) (PDF, 437 kB, 10.11.2020)

Advisory and support services provided by Swiss representations abroad

offer country-specific advice. A number of Swiss representations in conflict-affected areas have developed innovative initiatives based on the UNGP – largely on an ad-hoc basis – to promote social responsibility on the part of Swiss business enterprises. For example, the Swiss embassy in Myanmar maintains a platform for regular exchange with Swiss companies and other stakeholders. Meanwhile, the Swiss embassy in Colombia has drawn up a code through which Swiss companies commit to upholding social standards.

The federal government will involve Switzerland's representations abroad more closely in its efforts to raise awareness of and provide support for respect for human rights among business enterprises. Among other measures, this will involve training and awareness-raising for embassy staff, better experience-sharing between representations and with the relevant federal agencies in Bern, and more active communication about the representations' activities.

For further information:
Representations

Guidance on business and human rights for the Swiss network of representations

The Guidance on Business and Human Rights for Swiss representations abroad is intended to help them engage in a constructive dialogue with Swiss companies in order to raise awareness of human rights issues and provide specific advice in relation to the local context.

The guidance is part of the National Action Plan on Business and Human Rights 2020-2023, which foresees the involvement of representations in raising awareness and supporting Swiss companies to ensure respect for human rights in line with the Federal Council's expectations. It provides an overview of internationally recognized guidelines, standards and principles relating to business and human rights, as well as practical tools for implementing human rights due diligence measures.

Guidance on business and human rights for the Swiss network of representations (PDF, 4 MB, 20.10.2022)

For further information

The Federal Council's expectations

The Federal Council expects business enterprises based and/or operating in Switzerland to fulfil their human rights responsibilities wherever they operate and to carry out human rights due diligence. Swiss companies must therefore ensure their business operations have no adverse human rights impacts.

Policy coherence

The federal Council is active on the basis of different policies and action plans.

The present National action plan on business and human rights is the first strategy document from the federal government that addresses the specific issue of business and human rights. The objective of the NAP is to improve the protection of human rights in the context of business activities. It also helps to improve the consistency of government action: The implementation of the UNGP will also be taken as an opportunity to strengthen cooperation between the federal agencies concerned.

In view of the rapidly changing environment and the variety of ways in which State action affects and is affected by the business and human rights domain, constant vigilance is required to ensure that government policy remains consistent. This can be fostered by means of an inclusive, ongoing process of drafting, reviewing and renewing the National Action Plan.

Policy coherence

Economic, social, environmental, development and human rights policies are all interrelated elements of a policy to promote sustainable development. The Federal Council attaches great importance to coherence between these policies.

Corporate social responsibility (CSR)

The corporate social responsibility covers among other topics the working conditions, human rights, environment, anti-corruption measures, fair competition, consumer interests, taxes, transparency, etc. The Position paper and Action plan of the Federal Council concerning the corporate responsibility for the society and the environment explains the strategy of the Confederation and the corresponding activities.

Portal of the Confederation on CSR

The 2030 Agenda

The 2030 Agenda for Sustainable Development sets the globally applicable framework for national and international efforts to find shared solutions to the world's greatest challenges.

Goals of the 2030 Agenda

Sustainable Development

In its Sustainable Development Strategy, the Federal Council sets out the areas on which its sustainability policy will focus. It highlights sustainable development priorities for the medium to long term.

2030 Sustainable Development Strategy

International cooperation

Switzerland's international cooperation efforts aim to reduce poverty and global risks, alleviate suffering, and promote peace and respect for human rights.

Dispatch on Switzerland's International Cooperation Strategy 2021-2024

Swiss foreign policy

In its foreign policy reports, the Federal Council sets out how Swiss foreign policy was formulated in the past and what its most important objectives and priorities are for the years to come.

Foreign policy reports

Foreign Economic Policy Reports

The Report presents an overview of the key events and activities in the field of foreign economic policy during the year under review.

Foreign Economic Policy Reports

FDFA Human Rights Guidelines 2021-2024

Switzerland has a new human rights strategy for the 2021-2024 period which aims to promote human rights in the areas of peace and security, business, and sustainability. 

FDFA Human Rights Guidelines 2021-2024

Human Rights Defenders

The FDFA aims to provide better protection for human rights defenders and through this give legitimacy to their work. Switzerland’s representations abroad play an important role in achieving this. The “Swiss Guidelines on the Protection of Human Rights Defenders “form the basis of its commitment.

Swiss Guidelines on the Protection of Human Rights Defenders

National Action Plan to Fight Human Trafficking

The National Action Plan (NAP) to Fight Human Trafficking shows where action is required by Switzerland to combat this crime. It also explains what strategy and specific measures stakeholders at federal and cantonal level as well as from NGOs and international organisations follow to tackle it.

National Action Plan to Fight Human Trafficking (de/fr)

State-business nexus

Given the federal government's direct influence on the activities of federal government-associated businesses, it has a particular obligation to ensure that these companies respect human rights, for example by promoting human rights due diligence. It also expects federal government-associated businesses to have human rights best practices in place. The Federal Administration intends to promote the exemplary role of federal government-associated businesses and encourage them to develop human rights due diligence processes.