{"id":22720,"date":"2023-07-10T11:52:39","date_gmt":"2023-07-10T11:52:39","guid":{"rendered":"https:\/\/crigroup.com\/?p=22720"},"modified":"2024-01-15T07:31:21","modified_gmt":"2024-01-15T07:31:21","slug":"supply-chain-and-human-rights-due-diligence","status":"publish","type":"post","link":"https:\/\/crigroup.com\/ar\/supply-chain-and-human-rights-due-diligence\/","title":{"rendered":"EU Shocks Global Supply Chains with Mandatory Human Rights Due Diligence Directive"},"content":{"rendered":"
The European Union has released a groundbreaking directive that will transform global supply chains forever. This directive will require large EU companies and non-European companies conducting significant business in Europe to assess and address their human rights and environmental impacts. The numbers are staggering – <\/span>13,000 EU companies and 4,000 non-EU <\/span><\/a>companies will be affected by this monumental regulation.<\/span><\/p>\n But why is this directive causing such a seismic shift? The answer lies in the importance of Human Rights Due Diligence (HRDD) for companies. The European Union, as the headquarters of some of the world’s largest corporations, understands the critical role it plays in shaping global business practices. Shockingly, the 2020 Corporate Human Rights Benchmark revealed that 85% of alleged human rights impacts occur in developing countries, despite 78% of the implicated companies being based in OECD countries.<\/span><\/p>\n This directive builds upon previous transparency initiatives such as the EU Non-Financial Reporting Directive and the Conflict Minerals Directive. Its aim is to hold companies accountable for their human rights and environmental impacts, ensuring they take proactive measures to prevent, mitigate, and remedy any harm caused.<\/span><\/p>\n Non-compliance with this groundbreaking directive will have severe consequences. Companies failing to conduct effective due diligence or implement necessary measures will face administrative penalties and civil liability.<\/span><\/p>\n The implications are immense. The EU’s influence on global business practices is unparalleled, with \u20ac223.3 billion worth of goods imported into its territory. This directive is set to reshape supply chains, foster responsible business conduct, and protect vulnerable workers and communities worldwide.<\/span><\/p>\n Human Rights Due Diligence entails taking deliberate actions to ensure that their operations and choices do not contribute to or benefit from human rights abuses. It is a responsibility that extends to businesses of all sizes and sectors. HRDD requires companies to be conscious of the products they procure, the services they utilize, and whether the rights of the people involved in their production have been safeguarded.<\/span><\/p>\n<\/p>\n Did you know that major global players like the United States, the European Union, and Germany are taking decisive steps to ensure that supply chains uphold human rights and environmental standards? It’s a crucial development that companies cannot afford to ignore.<\/span><\/p>\n The <\/span>movement<\/span><\/a> to hold companies accountable for their supply chains is gaining momentum worldwide, emphasizing tracing activities down to raw materials. The rules vary, with some being specific to individual companies based on their registration location, while others extend to goods crossing borders, irrespective of the manufacturer’s origin. Non-compliance human right risks range from minimal enforcement to penalties, civil actions, and even goods detainment.<\/span><\/p>\n Let’s delve into some of the notable regulations and proposals.<\/span><\/p>\n While these jurisdictions are taking the lead, numerous other countries, including the United Kingdom, France, Australia, the Netherlands, Canada, and Norway, are also considering similar measures. The global trend is clear: companies will soon face heightened expectations and obligations regarding human rights and environmental sustainability.<\/span><\/p>\n The <\/span>Guiding Principles on Business and Human Rights<\/span><\/a> outline the corporate responsibility to respect human rights. These principles provide a global standard of expected conduct for all businesses and apply independently of a state’s obligations. The responsibility to respect human rights requires that businesses avoid infringing on the rights of others and address adverse human rights impacts they are involved in.<\/span><\/p>\n Here is a summary of the key principles:<\/span><\/p>\n Business enterprises should respect human rights and avoid infringing on the rights of others. This responsibility exists regardless of a state’s ability to fulfill its own human rights obligations and goes beyond compliance with national laws.<\/span><\/p>\n<\/li>\n The responsibility to respect human rights includes internationally recognized human rights as expressed in the International Bill of Human Rights and the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work.<\/span><\/p>\n<\/li>\n Businesses should avoid causing or contributing to adverse human rights impacts and address such impacts when they occur. This includes both impacts from their own activities and impacts linked to their business relationships.<\/span><\/p>\n<\/li>\n The means through which businesses meet their responsibility to respect human rights may vary based on factors such as size, sector, operational context, and severity of impacts. All businesses, regardless of these factors, have the responsibility to respect human rights.<\/span><\/p>\n<\/li>\n Businesses should have a policy commitment to meet their responsibility to respect human rights. This commitment should be approved at the most senior level, informed by expertise, communicated internally and externally, and reflected in operational policies and procedures.<\/span><\/p>\n<\/li>\n Businesses should conduct human rights due diligence to identify, prevent, mitigate, and account for their adverse human rights impacts. The complexity of due diligence may vary based on the size of the business and the severity of human rights impacts.<\/span><\/p>\n<\/li>\n Findings from human rights impact assessments should be integrated into relevant internal functions and processes, and appropriate actions should be taken to prevent or mitigate impacts. The enterprise should exercise leverage to address impacts it contributes to and seek to increase leverage where necessary.<\/span><\/p>\n<\/li>\n Businesses should track the effectiveness of their responses to human rights impacts and communicate externally about their actions. Communications should be accessible, provide sufficient information for evaluation, and not pose risks to stakeholders or commercial confidentiality.<\/span><\/p>\n<\/li>\n When businesses identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes.<\/span><\/p>\n<\/li>\n Businesses should comply with applicable laws, respect internationally recognized human rights, and treat the risk of causing or contributing to gross human rights abuses as a legal compliance issue. In complex contexts, businesses should seek external expertise from <\/span>credible sources <\/span><\/a>and prioritize actions to address the most severe impacts.<\/span><\/p>\n<\/li>\n<\/ul>\n These principles aim to guide businesses in fulfilling their responsibility to respect human rights and promote accountability and transparency in their operations.<\/span><\/p>\n
<\/p>\n<\/p>\nWhat is Human Rights Due Diligence?<\/b><\/h2>\n
Supply Chain and Human Rights Due Diligence<\/b><\/h2>\n
\n
<\/p>\n<\/p>\nUN Guiding Principles on Business and Human Rights<\/b><\/h2>\n
\n
Principle of Respect: <\/b><\/h3>\n
Internationally Recognized Human Rights:<\/b><\/h3>\n
Avoidance of Adverse Impacts:<\/b><\/h3>\n
Size and Context:<\/b><\/h3>\n
Policy Commitment:<\/b><\/h3>\n
Human Rights Due Diligence:<\/b><\/h3>\n
Integration and Action:<\/b><\/h3>\n
Tracking and Communication:<\/b><\/h3>\n
Remediation:<\/b><\/h3>\n
Contextual Considerations:<\/b><\/h3>\n