Public procurement is the process where governments purchase different goods and services from different suppliers to help them implement government policies and deliver services. In this process, governments seek efficiency and cost-effectiveness. According to the OECD public procurements account for around 12 % of the GDP. Having in mind the significant economic activities and interaction with different suppliers’ public agencies must be aware of the human rights risks in the supply chains.
Knowing these risks, they can ensure that suppliers identify salient human rights risks such as modern slavery, discrimination, child labour, workplace safety, and discrimination and address them and provide appropriate remedies. In essence, this means that public agencies do have the responsibility to respect human rights in the State value chains by ensuring that suppliers are not violating human rights.
The digitalization of public services
The digitalization of public services especially in the areas of education, healthcare and transportation is driven by the purchase of different forms of technology thus making the governments some of the largest purchasers. By providing improved access to major public services governments can meet their human rights obligations. On the other hand, there are major concerns about human rights violations in the provision of these services through the violation of privacy in cases of mass surveillance for example, discrimination or limitation of the right to freedom of expression.
This is why it is important to address human rights risks during every stage of the digitalization of public services from the start of the project to the procurement and implementation of the technology. Different tools can support the procurement cycle, however, from a human rights perspective it is important to consider how buyers’ policies are applied in the different departments and how stringent are national laws. Some initiatives relate to sustainable procurement practices such as Swedwatch in healthcare; Sweatfree Purchasing Consortium in apparel; Electronics Watch in electronics.
Whilst these initiatives do focus on exchanging good practices, development of tools and training, there is still a need for stronger implementation of the human rights due diligence process as outlined in the UNGPs. Governments in their purchasing practices could respect human rights, fulfill their obligations and provide an example for other companies.
There seems to be a contradiction between what happens in public procurement and buying practices and the expectation posed on private companies to respect human rights. The contradiction can be eliminated through a new dialogue where public procurement includes respect for human rights, engages with different stakeholders, and supports responsible value chains.
