Neïla Mangin Maïza

Comparison between EU Council and Commission proposals on human rights due diligence Directive

For updates on the Parliament’s amendments (June 2023) to the Commission’s proposal.

On November 30, 2022, the European Council released its proposal for a Directive on human rights and environmental due diligence based on the proposal submitted in February by the European Commission. While providing clarifications on important elements such as prioritisation of impacts, the Council’s draft misses the opportunity to set ambitious due diligence as it removes several key aspects such as directors’ duty of care.

EU proposal on products made of forced labour

On September 14, 2022, the European Commission released the proposal for a Regulation on prohibiting products made with forced labour on the Union market. The initiative was first announced last year by President von der Leyen in her State of the Union speech on September 15, 2021. This Regulation does not target a specific sector or region.

EU proposal to protect journalists and human rights defenders against abusive lawsuits

On April 27, 2022, the European Commission published a proposal for a Directive on protection against Strategic Lawsuits Against Public Participation (SLAPPs). SLAPPs are court proceedings initiated against persons who engage in public participation on matter of public interest to deter them by intimidating them and draining their resources. Such lawsuits are often initiated by powerful entities such as lobby groups, corporations, and state organs, and they often involve an imbalance of power – financial or political – between the claimant and the defendant. SLAPPs are typically disguised as civil or criminal claims such as defamation and constitute a threat to the right to freedom of expression and information.

New York introduces Bill on fashion sustainability and social accountability

On January 5, 2022, the Fashion sustainability and social accountability Act (Assembly Bill A8352) was referred to the legislative Consumer Affairs and Protection Committee of the New York State. If passed, the Act would be the first of its kind in the US, requiring fashion retail sellers and manufacturers, on pain of a fine based on annual revenues, to disclose environmental and social due diligence policies.

EU import ban: ‘Human rights are not for sale’ says von der Leyen

On September 15, 2021, the European Commission President Ursula von der Leyen in her annual State of the European Union speech announced that the European Commission will propose a ban on products made with forced labour, stating that “There are 25 million people out there, who are threatened or coerced into forced labour. We can never accept that they are forced to make product and that these products then end up for sale in shops here in Europe”.

Proceedings against Lafarge for complicity in crimes against humanity can go on says France’s highest judicial court

On September 7, 2021, the French Cour de Cassation (the highest judicial court) overruled (in French) the Paris Court of Appeal decision to dismiss the claim of complicity in crime against humanity against Lafarge. Lafarge’s Syrian subsidiary, more than 98% owned by the French parent company, paid over $5 million to terrorist groups, including ISIS through middlemen between 2013 and 2014 to maintain the activity of its cement plant.

Right to information under the new Norwegian human right due diligence law

On June 10, 2021, Norway adopted the Act on business transparency and work with fundamental human rights and decent work (in Norwegian), joining the small group of countries to impose human rights due diligence on (large) companies. While the act lacks on important issues (such as civil liability) interestingly, it creates an obligation for companies to provide information upon public request. None of the other legislation on business and human rights, either adopted or being currently discussed contains such obligation (see comparative table).

How can Brexit prevent victims of corporate human rights abuses from accessing justice?

On May 4, 2021, the European Commission expressed its opposition to UK’s accession to the Lugano Convention, treaty to which the UK was until recently a party via its EU membership. NGOs, academics and experts strongly criticise the Commission’s stance as prohibiting the UK to re-join the convention may have adverse consequences for victims of corporate human rights abuses seeking justice in the UK.

On going lawsuits against multinational companies

While the matter of jurisdiction has always been an important hurdle for affected communities to hold multinational corporations accountable, there has been over the past few years an increase of lawsuits brought against those companies before courts in home States. Despite some being dismissed, more and more cases are allowed to proceed, opening new doors for victims.

The article identifies on-going international lawsuits against MNCs, i.e. lawsuits brought in a country that is not the country where the alleged harm occurred.

PTTEP Australasia liable for oil spill impacting 15 000 Indonesian farmers

On March 19, 2021, the Federal Court of Australia found in the Sanda v PTTEP Australasia class action case representing over 15 000 Indonesian seaweed farmers, that the oil company breached its duty of care owed to them when suspending and operating an oil well which consequently led to an oil spill in 2009 impacting farmers’ livelihood.