New discussion paper on mandatory human rights due diligence - includes perspectives from business, government and civil society
"Let's talk mandatory measures", Fall 2019
[M]andatory measures have not been a central part of the mix considered by states in the initial years of UNGPs implementation... That is now changing, particularly in Europe. A growing number of states are actively considering the use of mandatory due diligence measures...
Civil society organizations have been advocating for greater consideration of mandatory measures for some time. However, we are increasingly hearing businesses across diverse sectors and geographies start to urge consideration of a level playing field... As engagement increases, the discussion is starting to move beyond whether these measures are necessary, towards what shape regulation can take to be most effective in fostering rights-respecting business practice...
This requires that space be made for a diversity of business voices... To inform the design of any future measures, we need to unpack their concerns...
[B]usiness needs to listen to civil society advocates and human rights defenders...
Governments of course have a key role to play both in creating space for dialogue among stakeholders and in crafting thoughtful legislative proposals grounded in a solid evidence base of what works.
A "smart mix" also means looking at all the different levers the state has...