Global Deal Tool Emphasizes the Crucial Role of Social Dialogue in Human Rights Due Diligence
The Global Deal has released the tool “Enabling Effective Due Diligence on Human Rights Risks through Social Dialogue” which emphasizes the pivotal role of social dialogue and stakeholder engagement with workers’ representatives and trade unions in companies’ human rights due diligence (HRDD) efforts. It provides a channel for workers to express concerns about workplace conditions, helping companies in understanding human rights risks. The tool recommends integrating social dialogue throughout the HRDD process, emphasizing embedding responsible business conduct into policies, identifying and assessing impacts, mitigating impacts, and also conducting HRDD on freedom of association and collective bargaining rights.
Renewable Energy & Human Rights Benchmark Reveals Progress and Persistent Gaps
The Business & Human Rights Resource Centre (BHRRC) released its “Renewable Energy & Human Rights Benchmark: Key Findings from the Wind and Solar Sectors”, assessing 28 major companies in the wind and solar sectors against the UN Guiding Principles. While it notes that there is “modest progress” since the 2021 benchmark, notable shortcomings persist, particularly in relation to Indigenous Peoples’ and land rights. The report emphasizes the need for companies to focus on shared prosperity, corporate duty of care, fair negotiations, and planning for a low-carbon transition. Despite some improvements, the report notes that transparency issues, discrepancies between policy and practice, and limited engagement with affected stakeholders on remedy persist, requiring urgent attention.
Assessing the Impact: Strategic Human Rights Litigation on Corporate Behavior
The Freedom Fund’s commissioned report entitled “The Impact of Strategic Human Rights Litigation on Corporate Behaviour” was published. It explores the positive and negative potential impacts of strategic litigation on corporate behavior related to human rights. The report underscores the positive influence of litigation in raising awareness, prompting changes in corporate culture, fostering sectoral changes, and encouraging meaningful engagement with rights holders. However, it also highlights potential drawbacks such as regressive legal precedents, strained relationships, and increased security risks. The report provides six key strategies for those considering strategic litigation, including selecting the right case, evaluating and managing risks, collaborating with local partners, managing expectations, employing complementary redress mechanisms, and securing sustainable funding. Practical recommendations for stakeholders, particularly companies, are highlighted, urging them to embrace litigation as an opportunity for constructive engagement in line with international business and human rights standards.
Impact of EU Supply Chain Legislation on Third Countries: Insights and Recommendations
The Greens/European Free Alliance (Greens/EFA) group of the European Parliament released a report titled “Spillover Effects of EU Supply Chain Legislation – Perspectives from Third Countries” examining the spillover effects of EU supply chain legislation, particularly the Corporate Sustainability Due Diligence Directive (CSDDD) proposal, in Brazil, Chile, Kenya, and Uganda. While acknowledging the early stage of understanding these effects, the report sheds light on governmental and private sector responses in the selected countries. Governments show varying progress in adapting national laws, with Brazil seeing EU legislation as crucial for transparency, human rights, and investigations. The private sector’s reaction is divided, with companies expressing concerns about compliance challenges and potential market exclusion. The report offers recommendations for EU institutions and the private sector, emphasizing stakeholder engagement, constructive dialogue with Global South partners, adaptation of legislation to local contexts, and capacity building to ensure effective compliance without imposing undue burdens.
Guiding Businesses: UNDP and UN Working Group Draft Guide on Human Rights Due Diligence and the Environment
UNDP and the UN Working Group on Business and Human Rights (UNWG) issued a draft on ‘Human Rights Due Diligence and the Environment: Draft Guide for Business’ in November 2023. This guidance is intended to equip businesses with practical advice, experiences, and insights to get started or build on existing efforts to carry out effective human rights due diligence in the context of the triple planetary crisis.
WWF Report: EU Financial Institutions Linked to Environmental and Human Rights Harms
WWF just issued a New Report: “Financial institutions in the EU are driving harm to the environment and human rights.” According to its findings, financial institutions are often contributing to human rights harms, which is why an effective Corporate Sustainability Due Diligence Directive could and should promote more responsible financial decisions.
WBA Gender and Corporate Human Rights Benchmarks 2023: Slow Progress and Supplier Challenges
The 2023 WBA Gender and Corporate Human Rights Benchmarks was published. Some of its key findings include a slow-paced overall progress in key areas including gender equality and rightsholder engagement. Moreover, the study found that suppliers are expected to respect human rights and promote gender equality but are set up to fail by buying companies.
B-Tech’s Focus on Responsible AI: Incorporating Human Rights in Generative AI Development
B-Tech has recently published foundational papers on generative AI, which include the acknowledgement of the importance of human rights impacts, which should be the focus of State and company action to advance the responsible development and deployment of generative AI technologies. They draw on the UNGPs to establish the multi-layered architecture of governance needed to address the conduct of private sector actors across the full generative AI value chain. Moreover, the implementation of thorough human rights due diligence by companies developing advanced foundation models will provide an important basis for risk management across the generative AI value chain.
Silent Giants: Amazon and Walmart Face Worker Rights Scrutiny After UN Human Rights Rapporteur Letters
After receiving letters from the UN Human Rights special rapporteur, about allegations concerning inadequate treatment of workers, especially those without permanent contracts, including “gig workers”Amazon and Walmart remained silent, underscoring the problems with relying on voluntary action by companies, rather than reformed law, to safeguard workers’ rights in the growing gig economy.
Author: Ana Carina Duarte.