UNGP: Need For Mandatory Measures

 

The UN Guiding Principles on Business and Human Rights recently celebrated its 10th anniversary. Adopted in June 2021 the Principles provides a framework which lays stress on the complementary responsibilities of states and groups in respecting and promoting human rights.

“The past decade has underscored the progress made by the UNGPs: voluntary strategies by itself aren't sufficient. The upward push of obligatory measures will undoubtedly accelerate both uptake and progress. At the same time, the experience of past years has revealed that legal measures, though important and critical, are not sufficient to ensure business respect for human rights.”

It is now realized that neither voluntary nor mandatory measures on their own are adequate. This is a critical point to consider in the present business and human rights environment.

Experience over the last decade suggests that obligatory due diligence by individuals alone will not end human rights violations by business throughout supply chains.

 It has been suggested that legislation will not make voluntary tools redundant. The question being asked is can both approaches add tandem as carrot and stick towards the common goal of improving business action on rights? The conclusion is that neither voluntary nor mandatory measures on their own are sufficient. This is a crucial point to think about within the current policy landscape on business and human rights.

Sustainability requirements have been in existence for two decades They are one of the most used voluntary tools used for driving sustainable and responsible business behaviour. They will continue to play a vital role in the next decade.

Workers’ rights in supply chains is an important issue to consider in the context of the Principles. Over the years many voluntary schemes have included specific requirements in their standards regarding workers’ rights. While most schemes have minimum criteria that refer to the ILO’s Fundamental Principles and Rights at Work, many go further in their requirements and action to protect workers’ rights.

Some multinational companies are moving closer to providing living wages to employees and ‘promoting pre-aggressive collaborative action through the Global Living Wage Coalition’. Since the violations and abuses that employees face are connected to low wages, such schemes are addressing one of the root causes of people’ rights violations.

Though good this is not enough. More needs to be done. There is need to continuously monitor, track, identify risks related to rights abuses in their supply chains and address
Business needs to think beyond just compliance assessment. They need understand how they can support access to remedies.

 

 Many schemes now transcend traditional audit mechanisms and use worker-voice tools and technologies. They have scheme-wide grievance mechanisms, new ways of identifying forced labour risk and community-based approaches to spot risks and improve human rights protection.

By looking beyond rights violations only through risk and compliance lens, sustainability systems have the potential to drive real change in supply chains through their multi-stakeholder and partnership-based approach. This is critical since rights violations, which can occur at any single point within the supply chain, are the results of decisions taken by many actors along the whole chain.

Salary cuts, process losses and precarious operating situations at garment factories during the present pandemic, can be connected directly to the contractual and demand selections of massive manufacturers and lead firms. Placing the onus of respecting workers’ rights only on the ory or farm and not on the entire supply chain would be both ineffective and unethical.

The UN report recognises, “Looking beyond the pandemic, at other major global challenges, meaningful progress would require a systemic approach by all stakeholders, and protracted efforts to leverage the multiple actors beyond states that frame policies, practices and indeed regulations that shape business behaviors during a smart mixture of measures, which cumulatively will make the difference we'd like , without hoping for a silver bullet solution.”

While mandatory due diligence by businesses can improve adherence to core labour rights, sustainability standards can help businesses think beyond legal compliance and go further to deal with the basis causes of rights abuses.