A/HRC/38/49
combination of measures, including effective regulation. Several recent regulatory and
policy developments by States beyond national action plans were highlighted:
• Laws with broad human rights due diligence provisions for companies of a certain
size (the “duty of vigilance” law in France)
• Laws geared towards improving transparency with regard to how companies address
specific human rights risks (Modern Slavery Act in the United Kingdom, and
forthcoming modern slavery act in Australia; forthcoming due diligence
requirements with regard to child labour in the Netherlands)
• Policies aimed at addressing the impact on human rights in specific sectors
(ministerial directive on expected conduct of business enterprises in the fisheries
sector with regard to human rights and fighting forced labour and trafficking in
Indonesia)
• Policies to strengthen corporate reporting on social risks and human rights due
diligence in supply chains and foreign direct investments through industry initiatives
(China)
• Facilitating multi-stakeholder sector-based platforms for identifying and addressing
human rights risks (sector agreements in the Netherlands; sector dialogues in
Germany) or issue-specific multi-stakeholder processes (such as human trafficking
and the Bali Process on People Smuggling, Trafficking in Persons and Related
Transnational Crime, co-chaired by Australia and Indonesia)
• Warnings of introduction of mandatory human rights due diligence if companies fail
to take necessary action voluntarily (Germany)
B.
Corporate respect for human rights in practice
62.
Discussions held during the Forum touched on different aspects of how companies
were implementing the second pillar of the Guiding Principles (the corporate responsibility
to respect) and what was needed to bring about faster change. Participants concluded that:
(a)
Effective change is about addressing problems faced, learning from them and
improving for the future;
(b)
Business and human rights is an issue that should not be confined to the
sustainability or compliance department, but addressed throughout the organization to
ensure coherence between all business operations;
(c)
There is a need for internal training to sensitize the organization;
(d)
Suppliers should be closely monitored to ensure that they comply with their
commitments to codes of conduct; mutual, ongoing engagement with suppliers is one
possible way for their successful implementation;
(e)
Leadership and company culture are essential in initiating and executing
respect for human rights;
(f)
It is a continuous journey of learning, where the connection between business
and human rights needs to be “demystified” and explained in a way that everyone in the
business and value chain can understand.
63.
Time was allocated in discussions to reflect on progress made in recent years and to
explore emerging trends and developments. Speakers from different backgrounds
recognized that some progress had been made in, inter alia, regulatory frameworks
(particularly with regard to the issue of modern slavery and to transparency). Major
challenges nonetheless remained in the implementation of the Guiding Principles:
(a)
There is still little concrete commitment from businesses to respect human
rights beyond a relatively small group of global corporations;
(b)
Even companies that have adopted policy commitments in line with the
Guiding Principles demonstrated gaps in operationalization at the local level;
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