6th Meeting, (Room XIX) Forum on Business and…

Key developments in the WEOG region over the past year

Brief description of the session:

This session will consider the issues pertinent to the business and human rights agenda across WEOG States. This includes the development by some States of second, or reviewed, National Action Plans on Business and Human Rights. Due to the significant developments at the EU level during 2024, and the impacts beyond the EU, there will be a special focus on mandatory human rights due diligence and the EU's Corporate Sustainability Due Diligence Directive (Directive 2024/1760) which entered into force on 25 July 2024.

The aim of the EU Directive "is to foster sustainable and responsible corporate behaviour in companies' operations and across their global value chains. The new rules will ensure that companies in scope identify and address adverse human rights and environmental impacts of their actions inside and outside Europe". The Working Group conducted advocacy on the Directive, including in its statement of 7 February 2024. The Working Group's advocacy was conducted alongside that of the High Commissioner for Human Rights. This outreach sent a strong message on the need for regulation at the European level.

The session will consider the lessons learned from efforts by governments and regional entities to drive greater policy coherence on the business and human rights agenda through regulation. It will discuss how to scale up the implementation by business enterprises of the corporate responsibility to respect human rights. It will examine how to ensure that compliance with legislation by businesses does not become a formulaic "tick the box" exercise. The session will also examine some good practices followed by businesses when undertaking human rights due diligence, for example in contractual provisions in contracts along their value chains and in stakeholder engagement.

Key objectives of the session:

• Consider developments within the WEOG region, including the development of revised National Action Plans on Business and Human Rights;
• Clarify the key provisions of the EU's Corporate Sustainability Due Diligence Directive and consider how States and businesses are responding;
• Consider what new causes of action may arise from the Directive and what remedies might be available; and
• Clarify what effectiveness of these pieces of legislation means for the different stakeholders.

Key discussion questions: 

• What needs to happen in the WEOG region in terms of policy and legislation to further develop the business and human rights agenda? What role is played by National Action Plans on Business and Human Rights in this regard?
• What can be learned from the processes followed during the drafting and negotiation of the EU's Corporate Sustainability Due Diligence Directive?
• What factors should all stakeholders consider when contemplating drafting legislation on mandatory human rights due diligence and other regulation relevant to the business and human rights agenda?

Moderator:

• Robert McCorquodale

Speakers:

• Jordyn Arndt
• Gabrielle Holly
• Joseph Byomuhangyi
• Ralf Sauer
• Elina Rääsk
• HeleneBudliger Artieda