Comments on Due Diligence Guidance and companion for responsible business

The Danish Institute for Human Rights contributed to the public consultation on the draft general Due Diligence Guidance for Responsible Business Conduct from the Organisation for Economic Co-operation and Development.

The Organisation for Economic Co-operation and Development's (OECD) draft general Due Diligence Guidance for Responsible Business Conduct aims at providing practical support to companies on the implementation of the OECD Guidelines for Multinational Enterprises.

In collaboration with the National Council of Human Rights of Morocco (CNDH) and the French National Commission for Human Rights (CNCDH) the Danish Institute for Human Rights (DIHR) have presented the OECD with our input to their draft.

The guidance can have tangible impacts on business conduct in OECD countries. Both multinational corporations and small and medium sized enterprises operating or based in countries adhering to the guidelines can be agents of change through their way of implementing human rights due diligence. Additionally, the documents constitute a reference document for stakeholders and governments to understand the scope and contents of the OECD Guidelines.

Our input

While our comment acknowledges the potential value of the guidance, it also stresses certain elements of the draft that require improvement prior to finalisation. Our input focused on the following business and human rights topics:

  • The way in which enterprises cause, contribute or are linked to human rights adverse impacts, stressing that irrespective of such categorisations companies have a responsibility to act.
  • The value of human rights impact assessments.
  • The importance of a correct interpretation and application of the concept of severity of adverse human rights impacts.
  • The role of transparency, communication and stakeholder engagement.
  • Human Rights grievances and grievance mechanisms.
  • Accessibility and relevance of the guidance to small and medium size enterprises.

The Danish Institute for Human Rightswill continue to follow the finalisation of the guidance documents.