Public Procurement and Human Rights

The Agency of Public Management and eGoverment (Difi) offers guidance on public procurement and human rights (PPHR).

Public Procurement and Human Rights

According to §5 in the Norwegian public procurement law (§5 LOA), public organisations have to promote human rights when procuring products with high risk of human rights breaches in the global supply chains.

Difi has therefore produced a list of high risk products. Official documentation reveals systmatic breaches of human rights in the supply chains of these products.

Besides the high risk list, Difi offers model templates of contract performance clauses and qualification criterias based on the Universal Declaration of Human Rights, the ILO core convetions and national legislation of the country of production.The contract performance clauses holds suppliers liable for carrying out human rights due diligence in global supply chains when the risk of breaches of human rights is high. 

A model supplier self-assessment scheme is suggested for desktop contract follow-up. Difi suggests more detailed contract follow-up through document inspection at the suppliers headoffice. If the documentation of human rights due diligence carried out by the supplier is lacking or not sufficent, a direct factory inspection might be required. The supplier is giving a certain timeframe to correct breaches with the special contract clauses. As a last resort, when suppliers are not cooperating or when corrections of breaches are not proven, the contract with the supplier is terminated.

Difi is refering to suppliers human rights due diligence based on the UN Guiding Principles on Business and Human Rights (UNGP) and the OECD Due Diligence Guidance for Responsible Busines Conduct.