Ⅱ Recommendation for NAPs
B. Domestic / overseas standards and cases
1) UNGPs
6. States should promote respect for human rights by business enterprises with which
they conduct commercial transactions.
2) The UN Guiding Principle above emphasizes that public procurement is a major
means for the government to conduct commercial transactions with enterprises
and that human rights consideration is required in procurement. Specifically, it
means that the government explains the negative impact of procured materials
on human rights to bidders, gives guidelines on the government expectation
regarding due diligence and where appropriate, requires the implementation of
due diligence.
3) Since 1970s, as a measure against apartheid in South Africa, the United States
had excluded business enterprises operating in South Africa from the US
procurement market and is currently applying its criteria to prohibit business
enterprises involved with child labor, forced labor and human trafficking from
participating in the government procurement. The European Union introduced the
concept of social procurement in the 2000s, and the various social factors
including human rights have been used as a criteria to select business enterprises
participating in the procurement market.
4) In case of Korea, some local governments have developed and are using corporate
social responsibility as selection criteria for public procurement. However, there
is no such attempt at the central government level, nor a policy foundation to
consider human rights in procurement.
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