A/HRC/30/35
workplaces, the role of private security firms, the presence of organized criminals attracted
by high value commodities such as gold or other minerals, and the growth of illegal,
unlicensed or unregulated mines and forestry operations that benefit from weak regulation
and law enforcement.
C.
Steps taken by States to comply with their duty to ensure business
accountability for ending contemporary forms of slavery in supply
chains
28.
States have an obligation under international human rights law to respect, protect
and fulfil the human rights of all persons in their territory and/or jurisdiction. This includes
the duty to protect individuals and groups against human rights abuses committed by
private actors, such as business enterprises. The Human Rights Committee, in paragraph 8
of its general comment No. 31 (2004) on the nature of general legal obligations on States
Parties to the Covenant, stipulates the need for States to exercise due diligence to prevent,
punish, investigate or redress the harm caused by private persons or entities.
29.
The Guiding Principles on Business and Human Rights,25 unanimously endorsed by
the Human Rights Council in 2011, validate the duty of States to protect against and redress
business-related human rights harms, and it is stipulated therein that this is to be done
through effective policies, legislation, regulations and adjudication (principle 1). State
duties include setting out clearly the expectation that all business enterprises domiciled in
their territory and/or jurisdiction respect human rights throughout their operations (principle
2).
30.
In the context of contemporary forms of slavery, this duty to protect could translate
into a smart mix of measures to ensure that businesses engage in their responsibility to
respect human rights, including through undertaking human rights due diligence throughout
their supply chains and remediating the adverse impact of their operations on human rights.
At the very minimum, States should ensure that businesses realize the implications of
purchasing products or services that have in any way been linked to forced labour or other
contemporary forms of slavery. To date, States have adopted diverse approaches to
addressing this issue, which include ensuring criminal, civil and tort liability for businessrelated human rights violations, setting up mechanisms to regulate such compliance in trade
and consumer protection and addressing it in government procurement. Disclosure and
transparency can also feature as legal obligations rather than being limited to voluntary
corporate social responsibility initiatives.26
31.
In the most recent development, in March 2015, the Parliament of the United
Kingdom passed the Modern Slavery Bill, which includes a specific part on transparency in
supply chains and imposes obligations on businesses to disclose the steps, if any, they are
taking to address contemporary forms of slavery in supply chains. 27 The duties imposed in
25
26
27
In the Guiding Principles on Business and Human Rights, which operationalize Protect, Respect and
Remedy: a Framework for Business and Human Rights, the different roles and responsibilities of
States (first pillar) and businesses (second pillar) to address their impact on human rights and the
access to remedy for business-related human rights abuse (third pillar) are clarified.
For a detailed analysis of different regulatory frameworks, see International Corporate Accountability
Roundtable report, “Human Rights Due Diligence: The role of States” (2012) (http://icar.ngo/wpcontent/uploads/2012/12/Human-Rights-Due-Diligence-The-Role-of-States.pdf).
It is widely acknowledged that the provisions for transparency in supply chains were inserted largely
owing to advocacy conducted by the Ethical Trading Initiative, a multi-stakeholder partnership of
businesses, trade unions and non-governmental organizations, covering over 70 companies and in
2015 reaching nearly 10 million workers across the globe.
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