"The National Action Plan: tackling supply-chain human rights violations," 29 Mar. 2024

... The recent release of the US government’s National Action Plan on Responsible Business Conduct (NAP) marks a significant milestone in the ongoing battle against human rights abuses within the domestic operations and the global supply chains of US companies. Oxfam has actively engaged in the consultation process; there is no doubt that this version of the NAP is a huge improvement over the last one, but some significant weaknesses remain.

... The NAP incorporates some of Oxfam’s other recommendations, such as the need to increase the engagement of stakeholders —including workers—to strengthen the role of what’s called the US National Contact Point (NCP) for the OECD Guidelines, and to improve the NCP’s confidentiality policy. Improving the functioning of the US NCP is key to enabling better access to remedy from US businesses whose practices are causing harm to rights-holders around the world.

It is encouraging to see a commitment to increased transparency by committing to publicly disclose the existence and status of pending cases on the NCP’s website.

... the commitment to promote internationally recognized labor rights, including freedom of association and the right not to be subjected to forced labor is promising. This includes measures to improve Custom and Border Patrol’s ability to identify and prevent the entry of products made with forced labor into the United States.

... The USG should have used this opportunity to make mandatory the conduct of robust, gender-responsive HRDD processes from all federal contractors, in alignment with the United Nations Guiding Principles on Business and Human Rights (UNGPs).

... Perhaps most concerning is the gender blindness apparent in the NAP. Despite Oxfam's efforts to advocate for a gender-sensitive approach to HRDD, the NAP lacks any such recommendations. Additionally, there is a lack of acknowledgment of or provisions for vulnerable groups, including Indigenous peoples, and their right to free, prior, and informed consent.