Public money carries public responsibility
Every euro a municipality spends through procurement is a choice. An Ethical Procurement Policy (EPP) ensures that this choice does not contribute to human rights violations, war crimes, or other serious breaches of international law.
An EPP is a policy framework that allows governments to exclude companies from procurement procedures if those companies are involved in gross violations of human rights or international humanitarian law. This is not a political statement — it is a legal obligation. Both international law and European legislation require local governments not to spend public money on companies complicit in international crimes.
Why now?
The 2014 EU Public Procurement Directive already provides contracting authorities with the tools to act. Article 57 makes it possible to exclude companies on the grounds of “grave professional misconduct” — a broad concept that explicitly includes participation in systematic human rights violations. In addition, Article 18(2) requires governments to actively verify whether contractors comply with international standards in the areas of labour, environmental, and social law.
The strategy: from motion to policy
Adopting an EPP follows a recognisable sequence of steps. The most effective approach begins with the municipal council:
- Submitting a motion — Council members submit a motion calling on the municipality to adopt an EPP. A model text is available in the Operational Guide for an Ethical Procurement Policy, produced by the BDS National Committee and the European Legal Support Center (ELSC).
- Embedding clauses in procurement contracts — The municipality adds human rights clauses to standard contracts, based on internationally recognised norms such as the UN Guiding Principles on Business and Human Rights and the OECD Guidelines.
- Screening and enforcement — Bidders are vetted through due diligence procedures. Companies involved in serious violations are excluded — before, during, or after the procurement process.
Cities such as Ghent, Bologna, and Dublin have already taken the lead. The guide demonstrates that an EPP is legally sound and that objections citing discrimination or restriction of competition are unfounded.
Want to learn more or get started with an EPP in your municipality? Download the full Operational Guide for legal grounding, model motion texts, and concrete clauses.