New Event! Corporate (ir)responsibility made in Germany - 27 November - 3pm (CET)

On 27 November, we will host a digital discussion on Germany’s approach to corporate (ir)responsibility for human rights violations and environmental harms in the supply chains of German businesses. This event aims to analyse the evolution of the business and human rights policy discussion in Germany and its influence on the wider European debates on mandatory human rights due diligence EU legislation. Germany is the EU’s economic powerhouse and a trading giant, hence its position on the (ir)responsibility of corporations for human rights risks and harms throughout their supply chains has major consequences for the EU and beyond.

Background

Currently, Germany is debating the adoption of a supply chain law or Lieferkettengesetz. This would mark the end of a long political and legal struggle, which started in 2016, when the German government adopted its National Action Plan (NAP) 2016-2020. Germany’s NAP, like many others, counted on voluntary commitments from businesses to implement human rights and environmental due diligence throughout their supply chains. Unlike other NAP’s, the German one also included a monitoring process, which tracked the progress businesses made during that four-year period.

The final report, which was published in September, showed that only roughly 13-17% of German businesses implemented the voluntary due diligence measures encouraged in the NAP. On the basis of these rather disappointing results, as required by the coalition agreement between the two governing parties, a draft for a Lieferkettengesetz should have been presented to the Cabinet this autumn. However, the Ministry for Economic Affairs and Energy, backed by business lobby groups, strongly opposes any form of civil liability for human rights violations committed within supply chains and managed until now to delay the process.

Our discussion aims to review these developments and highlight the key drivers behind the (slow) movement towards a Lieferkettengesetz. Weaving political insights with legal know-how, our speakers will provide a comprehensive overview (in English) on Germany’s positioning in the business and human rights discussion and its potential influence on the future trajectory of a European legislation.

Speakers:

Moderator:


To register for this event, please click here. You will receive a link before the start of the event.


For enquiries, contact conferencemanager@asser.nl


Winter academy: Due diligence as a master key to responsible business conduct

On 25-29 January 2021, The Asser Institute’s ‘Doing business right’ project is organising an online winter academy on ‘Doing business right: Due diligence as a master key to responsible business conduct’.

This academy brings together students, academics and professionals from around the world and provides a deep dive into the due diligence process as a strategy to achieve responsible business conduct.

Learn more and register here. 

Doing Business Right Blog | All posts tagged 'FLEGT'

Towards a ‘due diligence’ jurisprudence: The EU Timber Regulation’s requirements in courts - By Wybe Th. Douma

Editor’s note: Wybe Th. Douma is senior researcher in EU law and international trade law at the Asser Institute

 

Although the placing of illegally harvested timber on the EU internal market is prohibited already for over four years, the first court cases are appearing only now. Judges in Sweden and The Netherlands have recently held that the due diligence requirements of the EU Timber Regulation (EUTR) had not been met by two importing companies. The companies should have ensured that the timber from Myanmar and Cameroon was logged in compliance with the local legislation, should have provided extensive evidence of this, especially where the countries in question are prone to corruption and governance challenges, and should have adopted risk mitigation measures. Moreover, another Dutch court recently ordered the Dutch competent authorities to explain why they did not enforce the EUTR in cases where due diligence requirements concerning timber imported from Brazil were not met. In other EU member states, similar court decisions were adopted.[1]

The court decisions show that the EUTR system, aimed at ‘doing business right’ in the timber trade sector, is starting to take effect in practice. Could the ‘unilateral’ EUTR system form an example for other regimes that try to ensure that trade by the EU with the rest of the world contributes to sustainable development and the protection of human rights? And what role does the bilateral Voluntary Partnership Agreement (VPA) on Forest Law Enforcement, Governance and Trade (FLEGT) between the EU and Indonesia play in this respect? More...