BRUSSELS/BERLIN - With a large majority, yesterday, members of the European Parliament adopted a legislative report on corporate due diligence and corporate accountability for human rights violations and environmental damages. The report gives concrete recommendations to the European Commission that has announced its proposal for an EU due diligence law for summer 2021. While the adoption of the report is a significant step towards a future law, it needs further improvements to effectively prevent human rights violations in corporate operations and supply chains.
“With yesterday’s voting, MEPs supported the call for a much needed due diligence law. The report adopted can lay the foundation for this. It recommends mechanisms of risk identification and prevention for companies. It foresees the creation of competent authorities to investigate corporations in case of non-compliance and the possibility to go to court for harm. In addition, it recognizes the important role that stakeholders like human rights defenders and trade unions play in the prevention of human rights violations,” says Ben Vanpeperstraete, senior legal advisor at the European Center for Constitutional and Human Rights.
However, the report does not go far enough to ensure an effective law that does not only prevent future human rights violations and environmental damages, but also supports persons affected.
“An effective law must cover all businesses independent of size, location or type of the company as well as their subcontractors to ensure that the whole supply chain is covered. In addition, access to justice and remedy for victims and survivors of human rights violations are crucial for an effective law and need to be strengthened. It is now the EU Commission’s task to deliver a strong legislative proposal,” adds Vanpeperstraete.
However, strong EU legislation will not exempt member states from their responsibility to adopt national human rights due diligence laws. Quite the opposite: last week, EU Commissioner for Justiceso Didier Reynders, stressed once again that member states must lead the way to comprehensive EU-wide human rights and environmental due diligence with strong national legislation. He criticized the currently debated German bill for being too weak and too narrow in its scope.
