- Ongoing process
- Finalised process
Key developments
Luxembourg
-
Coalition agreement (2018) commits the new government to supporting binding legislation at the European level to strengthen social and environmental responsibilities of transnational companies.
-
Luxembourg Due Diligence Initiative (2018) campaign proposes human rights due diligence legislation to cover all companies headquartered in Luxembourg.
International Bodies
- Ongoing process
- Finalised process
- UN High Commissioner for Human Rights report on HRDD and corporate liability calls for states to encourage meaningful human rights due diligence by companies (2018)
- UN Working Group on Business and Human Rights report to the General Assembly calls on states to adopt binding legislation to drive effective implementation of human rights due diligence by businesses (2018)
- UN Working Group on Business and Human Rights recommendations to the G20 recognise the trend of embedding HRDD into law (2017)
- UN Committee on Economic, Social and Cultural Rights, General Comment No. 24 calls for mandatory HRDD legislation and parent company liability at national level (2017)
- UN High Commissioner for Human Rights report on access to remedy calls for introducing HRDD into private law (2016)
- OECD evaluation report on implementing Conflict Minerals Guidance acknowledges the relevance of regulation, illustrating a trend towards recognising the need to embed corporate responsibilities through HRDD (2016)
- UN Human Rights Council Resolution 26/9 establishes an Intergovernmental Working Group to elaborate a legally binding instrument on transnational corporations and other business enterprises with respect to human rights (2014)
- UN Committee on the Rights of the Child, General Comment No. 16 calls on states to adopt legislative and regulatory measures, including requiring companies to undertake due diligence (2013)
European Union
- Ongoing process
- Finalised process
- Conflict Minerals Regulation supply chain due diligence, adopted (enters into force 2021).
- Timber Regulation mandatory due diligence system, adopted (entered into force 2013).
- EU Commission Action Plan on Financing Sustainable Growth to examine due diligence requirements for corporate boards (2018).
- EU Fundamental Rights Agency opinion calls for imposing due diligence obligations, including for parent companies (2017).
- European Parliament adopts different reports and resolutions calling for mandatory HRDD (2016, 2017).
- Green Card issued by eight national parliaments calling for EU legislative action (2016).
- EU Council Conclusions on business and human rights (2016).
- Council of Europe Recommendation to Member States to introduce mandatory HRDD where risks are significant, ensure civil liability, and allow passive joinder of parties (2016).
Australia
- Ongoing process
- Finalised process
- The Australian Modern Slavery Act came into effect in January 2019, with companies due to publish statements for the first time in 2020. Companies are required to report on what due diligence is being undertaken in relation to modern slavery matters (among other things). There are no penalties for non-compliance. Modern Slavery Act 2018 (Cth).
- Australia is also in the preliminary stages of considering amendments to its criminal code, including significant changes to the manner in which criminal liability is attributed to a company. See Australian Law Reform Commission report.
- Changes have been made to strengthen the OECD National Contact Point during 2019, which is expected to improve corporate awareness of mHRDD and increase the ability to access remedy for people affected by Australian companies operating abroad. See AusNCP website for further details.
- Joint Standing Committee on Foreign Affairs, Defence and Trade of the Australian Parliament released the results of its inquiry into the establishment of a Modern Slavery Act in Australia entitled "Hidden in Plain Sight: An inquiry into establishing a Modern Slavery Act in Australia", which recommends reporting on due diligence as a first step and to consider further due diligence meansures in a review in three years time (2017).
- Human Rights Law Center's "Nowhere to Turn" report includes a summary of the current Australian legal framework with regard to BHR issues (2019).
Canada
- Ongoing process
- Finalised process
- Choc v. Hudbay Minerals Inc.: Ontario Superior Court permitted the claims to proceed on the basis that it was not "plain and obvious" that Hudbay did not owe a duty of care to the plaintiff (ongoing).
- Araya v. Nevsun Resources: In 2020 the Supreme Court of Canada ruled that the plaintiffs’ case may proceed. It will be heard by the British Columbia Supreme Court.
- Garcia v. Tahoe Resources: British Columbia Court of Appeal allowed case to go trial (settled 2019).
- Yaiguaje v. Chevron Corporation: Litigation ended.
- Das v. George Weston Ltd. (Loblaws): Ontario courts dismissed the case (2018).
Finland
- Ongoing process
- Finalised process
- Following a joint campaign by civil society and business, the government commits to develop mandatory due diligence legislation (2019).
France
- Ongoing process
- Finalised process
- Total Uganda case & Total Climate Change case: first cases under the Duty of Vigilance Law (ongoing).
- Duty of Vigilance Law assessment report by the General Council for the Economy, Industry, Energy and Technology (January 2020).
- Duty of vigilance law enshrines a broad mandatory HRDD regime and general liability principles in case of harm (entered into force 2017).
- Vinci case: criminal liability for parent company (ongoing).
- National Action Plan calls for promoting the duty of vigilance law globally (2017).
Germany
- Ongoing process
- Finalised process
- Federal Minister for Labour and Social Affairs and Federal Minister for Economic Cooperation and Development publicly commit to a joint proposal for a supply chain due diligence law for German companies (December 2019).
- German Federal Ministry for Economic Cooperation and Development drafts a law on mandatory human rights and environmental due diligence for German companies (February 2019)
- Initiative Lieferkettengesetz: German civil society campaign for a supply chain due diligence law (begins September 2019) and legal opinion (issued February 2020).
- KiK Case: civil lawsuit on behalf of Pakistani rights’ holders against a German textile company for harm caused the result of a fire at one of its Pakistani supplier factories, killing circa 260 workers (dismissed and settled, 2019)
- Siemens vs. Neubürger: director’s liability for breaking duty of care regarding subsidiaries (2013)
- Social Democrats' (SPD) electoral program includes commitment to legalise human rights due diligence (2017)
- Government’s National Action Plan considers legislative reform concerning HRDD in 2020 (2016)
- Greens Party supports a motion calling for HRDD obligations, civil liability, and access to remedy (2016)
- A coalition of NGOs present a legislative proposal introducing mandatory HRDD for German companies (2016)
Italy
- Ongoing process
- Finalised process
- Ikebiri Community v. ENI: case settled (May 2019).
- Italian Government’s National Action Plan announces a review of commercial and civil law to assess the introduction of a “duty of care” or due diligence for companies (2016).
- Legislative Decree no. 231/2001 establishes liability of parent company in criminal law, including for human rights violations (2001).
Netherlands
- Ongoing process
- Finalised process
- Dutch Child Labour Due Diligence Act (2019, adopted) requires companies selling in the Dutch market to conduct issue-specific due diligence.
- Akpan and Other v. Shell (2015, ongoing) decision pending as to whether Dutch parent liability can be held liable for acts and omissions of Nigerian subsidiary.
Sweden
- Ongoing process
- Finalised process
- Arica v. Boliden: Chilean claimants allege that they suffered harm, including adverse health and environmental impacts, as a result of the negligent dumping and mismanagement of toxic waste in Chile by Swedish company Boliden. Ruling handed down March 8, 2018 in favour of the defendants, but the claimants intend to appeal.
- Swedish Agency for Public Management report (2018) recommends Government implement Human Rights Due Diligence obligations for Swedish companies.
Switzerland
- Ongoing process
- Finalised process
- Responsible Business Initiative (RBI) proposed horizontal mandatory HRDD and parent company liability (dismissed 2020, despite majority of popular votes).
- Parliamentary counter-proposal (I) to the RBI proposed horizontal mandatory HRDD and parent company liability (dismissed 2020).
- Parliamentary counter-proposal (II) to the RBI includes non-financial reporting and issue-specific mandatory HRDD (adopted 2020).
- Law on private and military security companies (PMSC) is a sector-focused mandatory HRDD (entered into force 2015).
- Government states that principle of separate legal entities must not be used to circumvent human rights and environmental standards (2014).
- Public Prosecutor v. Von Roll: court imposes due diligence duty on company executive (1996).
United Kingdom
- Ongoing process
- Finalised process
- Okpabi v. Shell: Court rejected parent company responsibility for damage caused by its subsidiary. Claimants appealed. (2016, ongoing)
- Lungowe v. Vedanta: Supreme Court upheld lower court rulings allowing a case brought by Zambian villagers against UK mining firm Vedanta to continue to be heard in UK courts. A trial is set for October 2021. (2019, ongoing)
- AAA v. Unilever: Court found that claims against Unilever did not have arguable merit, but helped confirm developing doctrine of parent company liability and jurisdiction of courts over subsidiary. The case ultimately could not be heard in English courts. (July 2019)
- Chandler v. Cape: Parent company deemed to have a duty of care owned to subsidiary’s employees. (2012)
- UK Parliament’s Joint Committee for Human Rights calls for legislation to impose on all companies a duty to prevent human rights abuses. (2017)
United States
- Ongoing process
- Finalised process
- Nestlé USA, Inc. v. Doe I: The Supreme Court heard oral arguments on December 1, 2020. A decision on the case is expected in late spring 2021.
- Jesner v. Arab Bank: The Supreme Court held that foreign corporations cannot be sued for violations of international law under the Alien Tort Statute.
- Alvarez v. Johns Hopkins University: a federal court ruled that Johns Hopkins University and two other corporations must face a lawsuit over a 1940s experiment that infected hundreds of Guatemalans with syphilis. (2019)
- Reformed Section 307 of the Tariff Act 1930 prohibits companies from importing products produced by forced labour, even if US domestic supply cannot meet demand. (2016)
- Section 1502 of the Dodd-Frank Act requires disclosure of due diligence results on whether or not their products contain conflict minerals. (2010)
This map shows legislative measures, judicial proceedings, authoritative guidance, institutional recommendations, reports, and policy statements which aim to embed companies’ responsibility to respect human rights across their global operations into law. The map does not, nor does it intend to, present a comprehensive compilation of all existing developments in this field. Its purpose is to highlight only mandatory measures, relevant judicial proceedings and decisions, and actionable political commitments. In this way, it demonstrates the growing acceptance of mandatory human rights due diligence (HRDD) and judicial solutions to holding parent companies in home states accountable for human rights abuses throughout their operations.