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Article

10 Dec 2013

Author:
Joanne Bauer, Columbia Univ.

Where Is Business and Human Rights in Germany?

[T]here is a...pervasive belief in Germany that its social market values...exempt Germany from acceding to the emerging rules on business and human rights. In their minds, Germany is already doing what’s required...[T]he German government remained silent while 36 other countries...made statements of support [of the UN Guiding Principles when they were adopted in 2011]...[I]t has [also] yet to begin the process of developing [a national action plan on business & human rights]...[T]he German government has steadfastly opposed undertaking an extra-territorial obligation to ensure that German companies exercise their “duty of care” with respect to human rights harms involving their subsidiaries abroad...[despite encouragement by the UN Human Rights Committee to strengthen remedies for victims]..[T]he German government together with German industry is said to be blocking the EU effort to develop a conflict minerals transparency law...[and an initiative] to require businesses to report on their social and environmental impacts...But the ground could be shifting...[recent] developments are the result of relentless prodding of German advocates as well as ongoing efforts of the European Commission and Council of Europe to move the business and human rights agenda forward. [Refers to BASF]