In Part One of our blog series to honour the UN’s World Human Rights Day, we consider the evolving business and human rights landscape and some of the challenges this presents for multinations. This piece was first published in the U.K.’s Law Society Gazette on 10 December 2019.
Hannah Edmonds-Camara
Hannah is a founding member of the firm’s Business and Human Rights (BHR) practice and advises on a breadth of BHR and ESG issues. In particular, Hannah has deep experience advising on the development and implementation of global human rights and environmental due diligence programmes, in response to the evolving, global regulatory landscape.
She advises on: compliance with ESG disclosure and due diligence requirements, including the EU’s CSRD and CSDDD; BHR-related investigations and remediation strategies; responding to complaints raised through non-judicial grievance mechanisms (including OECD National Contact Points); ESG due diligence in an M&A context; global risk assessments; workplace culture reviews; design of project and issue-specific human rights frameworks and stakeholder engagement strategies; and policy engagement on BHR legislative files.
U.S. Draft Human Rights Guidance for Exporters of Surveillance Technology
On 4 September 2019, the U.S. Department of State (“DoS”) published draft ‘Guidance for the Export of Hardware, Software and Technology with Surveillance Capabilities and/or Parts/Know-How’ (the “Guidance”). The DoS invited public comment on the draft Guidance until 4 October 2019, after which they will publish finalised guidance.
Goal: Preventing …
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Developments in modern slavery regulation: U.K., Hong Kong and Australia
The UK’s anti-slavery commissioner resigns
On 17 May 2018, the UK’s Independent Anti-Slavery Commissioner, Kevin Hyland OBE, announced his imminent resignation. While praising the Prime Minister’s leadership in the fight against modern slavery, he expressed concern about Home Office interference with the role, and the hope that any future Commissioner…
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Ten Key Issues to Watch in Africa in 2018
- U.S. Policy: The derogatory remarks that President Trump made about Africans and Haitians, which he denies having said, create a negative image for the U.S. across the region as the year begins. Nevertheless, the
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UK government: stronger steer on content of Modern Slavery Act statements
The U.K. government has provided updated and firmer guidance on the section 54 Modern Slavery Act transparency in supply chain reporting requirement (about which see more here). Organisations are now expected to publish transparency statements ‘at most’ six months after the organisation’s financial year end. Businesses are also encouraged…
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U.K. Government takes further steps towards increased regulation of human rights for business
We recently reported on the global trend towards improved business “non-financial reporting” of human rights and environmental practices. The latest U.K. developments in this area are the Modern Slavery (Transparency in Supply Chains) Bill 2017 (the “Bill“) and a report on labour market enforcement strategy published by David…
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A U.K. criminal offence: “Failure to prevent human rights abuses”?
The Joint Committee on Human Rights – comprised of members of both Houses – has published a report calling on the U.K. government to take significant further steps to improve corporate human rights practices, including criminalising “failure to prevent human rights abuses”.
The Committee acknowledges that the U.K. Government’s introduction…
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Top 5 Business And Human Rights Concerns For Companies To Monitor
Businesses are being bombarded with information about their global human rights and other nonfinancial responsibilities, and are under growing pressure to publicize their efforts in that regard. Below we outline five key developments that business should be actively monitoring in a rapidly evolving landscape.
1.“Hard” Legal Obligations
Governmental efforts to…
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UK rules prompt businesses to report on slavery in their supply chains
According to the 2016 Global Slavery Index, an estimated 45.8 million men, women and children around the world are ensnared in some form of modern slavery, which includes slavery, servitude, forced labor and human trafficking. Sub-Saharan Africa is particularly vulnerable to this scourge: Estimates of modern slavery in Sub-Saharan…
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