Making human rights due diligence a legal requirement for companies including systems to identify, assess, mitigate or manage human rights risks and impacts to improve that process over time and to disclose the risks and impacts, the steps taken and the results.
Main Web Site
The main organizational Web site of the company and its direct links to major affiliates and attached documents.
The joint statement shows support for the legal framework on due diligence irrespective of diverging views on certain aspects.
The joint statement indicates that 'While we hold diverging views on certain aspects of the law, we are aligned in recognising the necessity of a common EU wide legal framework, as part of a smart and coherent mix of policy and legislative measures. We therefore urge the co-legislators to reach a political agreement in view of adopting the final version of the law ... We commend the co-legislators’ efforts in current negotiations toensure that the CS3D follows a risk-based approach and builds on existing globally recognised due diligence standards, such as the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises ... Key elements of this risk-based approach include the recognition of different modes of involvement with adverse impacts and allowing companies to prioritise the most severe and likely ones'.
Main Web Site
The main organizational Web site of the company and its direct links to major affiliates and attached documents.
The entity urges the EU to pass the law
In a website statement, RBA indicates that 'While views on the precise shape of the legal requirements continue to diverge – within and across stakeholder groups – from the onset, it was clear that most stakeholders, including businesses, agreed on the need for an EU-level playing field. Therefore, and to provide companies with the certainty they need to build long-term value, the RBA urges EU legislators to pass the law. No one will benefit from continued uncertainty; not industry, not people, not the planet. As with many areas of sustainability legislation, the key to success will be to take a collaborative approach to implementation, to closely monitor experiences from practical implementation, and to flexibly adjust our approaches along the way'.
Social Media
We search other media and sites funded or controlled by the organization, such as social media (Twitter, Facebook) and direct advertising campaigns of the organization.
RBA publicly expresses support for the approval of the CSDDD
In its post, the organization discloses that“...welcomes the adoption... of the Corporate Sustainability Due Diligence Directive.” “We look forward to working... toward implementing these new frameworks…” using positive terms like "welcomes" and demonstrating an intention to collaborate in its implementation. This signals alignment with the mandatory nature of the directive.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The entity is in favour of due diligence legislation, with a strong emphasis in harmonization, and referencing improvement over time and reporting requirements.
The entity states that ‘The RBA supports the development of an EU-wide supply chain due diligence policy that sets clear requirements on companies, provided that: It be designed to encourage an EU-wide harmonization of requirements that creates a level-playing field; Builds on existing and proven due diligence approaches and tools; Incentivizes companies to undertake effective due diligence and supports them to advance on a journey of continuous improvement’. It also points out that ‘From the onset of discussions around EU mandatory due diligence legislation, RBA has strongly emphasized the potential value of EU mandatory due diligence legislation in driving action and impact, while creating harmonization across Europe. … If the EU opts for a Directive, our expectation is that such Directive should be carefully designed so that the future EU legal framework sets across the EU member states a harmonized due diligence standard, with harmonized reporting obligations and a harmonized enforcement mechanism, within a harmonized wider smart mix of policy measures’.
Media Reports
Here we search in a consistent manner (the organization name and relevant query search terms) a set of web sites of representing reputable news or data aggregations. Supported by targeted searches of proprietary databases.
The letter expresses support for the Directive and calls for maximum harmonisation across several articles.
The letter states that 'Our associations remain supportive of the proposed directive on corporate sustainability due diligence. However, we call strongly for maximum harmonisation provisions to be introduced into the legal framework so as to ensure a level playing field and avoid further internal market fragmentation. Divergent national legal regimes on due diligence would not only be costly and burdensome for companies of all sizes but, more importantly, risk undermining the achievement of the goals of the legislation in an efficient and effective manner'. Specifcally, 'we urge the European Parliament and Member States to adopt maximum harmonisation provisions such as those previously applied to consumer law. At a minimum such provisions should be applied to the scope (Art.2), definitions (Art.3), due diligence process (Arts. 4-8), communication (Art. 11), guidelines (Art.13), sanctions (Art. 20) and civil liability (Art. 22)'.
Requiring Human rights due diligence of all companies, regardless of sector and size, while still reflecting their individual circumstances.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The entity is in favour of an due diligence approach that includes all sectors. Regarding SMEs it is in favour of detailed non-binding guidelines catering for their needs, and including them in the scope.
The entity selects several of the measures proposed by question 16 referred to support for SMEs and tates that ‘Whether or not SMEs are directly in scope of the future legal due diligence duty, they will be impacted due to their relations with customers in scope of the binding requirements. For effective harmonization of due diligence standards, we recommend including SMEs in the scope of the future legal framework but based on a principle of proportionality whereby their risk profile, size, and other relevant factors are considered when setting their level of responsibility. As indicated by our response to the question, capacity building support in the form of funding, training, non-binding guidelines and other practical, accessible and tailored resources will be of paramount importance’.
Implementing an enforcement mechanism where companies fail to carry out due diligence as described.
Main Web Site
The main organizational Web site of the company and its direct links to major affiliates and attached documents.
The joint statement shows support both for administrative enforcement and civil liability
The joint statement indicates that 'This common standard should be effectively enforced, recognising the need for a balanced combination of administrative enforcement and civil liability, as well as access to justice measures'.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The entity advocates for supervision by national authorities based on complaints (and/or reporting) about non-compliance with setting up and implementing due diligence measures, etc. with effective sanctions (such as fines). This should include a coordinating mechanism.
The entity states that 'As set out in depth previously, we advocate for full harmonization of requirements at EU level, and therefore also believe that in the enforcement of the future EU legal framework, cooperation between EU member states and EU coordination to ensure consistency throughout the EU will be crucial. Should the EU decide to include sanctions in its future legal framework, the RBA would suggest the following recommendations, in light of the size and complexity of companies’ supply chains’: … Hold companies accountable for failure to establish or maintain reasonable due diligence processes; providing misleading or inaccurate statements regarding due diligence policies and processes; and harm caused as a result of the failure to establish or maintain reasonable due diligence processes. Sanctions should be commensurate with these obligations. If future EU legislation would establish legal liability for current or future harms, it should be limited to civil liability for the most severe human rights harms, caused by a company’s own activities or the activities of suppliers with whom the company has a contractual relation liability should only be triggered in those cases where the harm results from the failure to duly implement due diligence obligations’.
Including in the duties of directors and company law obligations to avoid human rights impacts or “harms”.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The entity does not have a position on whether there should be a specific legal duty on individual company directors to set up procedures to ensure that risks and impacts on stakeholders are identified, prevented and addressed.
It does not take a position neither in relation to questions 7 nor 6 and it states that 'The Responsible Business Alliance is an initiative that enables companies to conduct due diligence, and, on a collaborative basis and through a collective approach to improve sustainability in their supply chains. It is not in our area of expertise nor in our mandate to formally endorse that the above-mentioned elements should be formally mandated by law. … Many of these leading standards such as the UNGPs or the OECD Due Diligence Guidance on Responsible Business Conduct include many of the elements which are proposed for inclusion in the corporate directors’ duty, as these are part of effective due diligence. Thus, for the sake of efficiency and effectiveness, in our view the main focus for the EU should be on helping catalyse and encourage good and sound due diligence.
Enabling judicial enforcement with liability and compensation in case of harm caused by not fulfilling the due diligence obligations.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The entity describes recommendations on how articulate liability
In its response to question 19a, despite not selecting judicial enforcement with liability and compensation as one of the enforcement options, the entity describes how it should be designed: '‘If future EU legislation would establish legal liability for current or future harms, it should be limited to civil liability for the most severe human rights harms, caused by a company’s own activities or the activities of suppliers with whom the company has a contractual relation liability should only be triggered in those cases where the harm results from the failure to duly implement due diligence obligations’.
Require companies to implement a due diligence process covering their value chain to identify, prevent, mitigate and remediate human rights impacts and improve that practice over time.
Main Web Site
The main organizational Web site of the company and its direct links to major affiliates and attached documents.
The statement advocates for enforcing due diligence in own operations and 'value chains'.
The statements shows support for the Directive in general, and also states that 'The Directive aims to harmonise requirements for companies to carry out due diligence in their own operations, subsidiaries and value chains, thereby ensuring an EU-wide level playing field and avoiding market fragmentation. This common standard should be effectively enforced, recognising the need for a balanced combination of administrative enforcement and civil liability, as well as access to justice measures'.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The entity considers that an EU legal framework on due diligence is needed, it largely agrees with due diligence duty definition provided by the consultation, and advocates for a horizontal, minimum process and definitions approach. It seems to advocate for an approach that focuses on tier 1 suppliers.
The entity agrees that a legal framework is needed (question 2) and advocates for a minimum process and definitions approach (question 15). In relation to due diligence duty definition, it states the following: '‘We recommend further clarification to the definition of ‘business relations’ and ‘suppliers’, to focus on relations governed by a contractual relationship, given the consequences of this definition for scope and the feasibility of future legal requirements. We agree on the risk-based, proportionate, and context-specific nature of due diligence … Whereas we generally agree with the proposed definitions, there is a major gap to be addressed: the acknowledgement of the role of collective initiatives and collective approaches, incl. industry schemes’. In addition, in its response to question 2, the entity advocates for incentivizing continuous improvement. However, it does not refer to remedy, nor does it clarify whether the scope should cover the value chain, as it appears to refer only to direct suppliers (with which it has contractual agreements).
Require that companies identify their stakeholders and their interests.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The entity does not take a position on whether there should be a legal requirement for directors to identify stakeholders and their interests
The direct response consists in not taking a position. It then states that ‘The Responsible Business Alliance is an initiative that enables companies to conduct due diligence, and, on a collaborative basis and through a collective approach to improve sustainability in their supply chains. It is not in our area of expertise nor in our mandate to formally endorse that the above-mentioned elements should be formally mandated by law. … Many of these leading standards such as the UNGPs or the OECD Due Diligence Guidance on Responsible Business Conduct include many of the elements which are proposed for inclusion in the corporate directors’ duty, as these are part of effective due diligence. Thus, for the sake of efficiency and effectiveness, in our view the main focus for the EU should be on helping catalyse and encourage good and sound due diligence while promoting company leadership ownership of due diligence efforts.
Require directors to establish and apply mechanisms or, where they already exist for employees for example, use existing information and consultation channels for engaging with stakeholders.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The entity does not take a position on legal duties for individual company directors to establish mechanism for engaging in stakeholder consultation as part of due diligence duty
The entity does not take a position in relation to question 20a, and then explains: 'The Responsible Business Alliance is an initiative that enables companies to conduct due diligence, and, on a collaborative basis and through a collective approach to improve sustainability in their supply chains. It is not in our area of expertise nor in our mandate to formally endorse that the above-mentioned elements should be formally mandated by law. … Many of these leading standards such as the UNGPs or the OECD Due Diligence Guidance on Responsible Business Conduct include many of the elements which are proposed for inclusion in the corporate directors’ duty, as these are part of effective due diligence. Thus, for the sake of efficiency and effectiveness, in our view the main focus for the EU should be on helping catalyse and encourage good and sound due diligence.
Require that human rights risks and impacts should be assessed through dialogue with stakeholder or with their legitimate representatives.
Main Web Site
The main organizational Web site of the company and its direct links to major affiliates and attached documents.
There's a support for stakeholder engagement throuhgout due diligence.
The joint statement indicates that 'It is important that the Directive integrates stakeholder engagement as a critical component of effective due diligence, recognises the role of trade unions and worker representatives, and promotes effective collaboration between companies, including in the context of industry and multistakeholder initiatives'.
Require that action plans are developed in consultation with affected stakeholders.
Main Web Site
The main organizational Web site of the company and its direct links to major affiliates and attached documents.
There's a support for stakeholder engagement throuhgout due diligence.
The joint statement indicates that 'It is important that the Directive integrates stakeholder engagement as a critical component of effective due diligence, recognises the role of trade unions and worker representatives, and promotes effective collaboration between companies, including in the context of industry and multistakeholder initiatives'.
Require that corporate directors should manage the human rights risks for the company in relation to stakeholders and their interest including on the long run.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The entity does not take a position on whether there should be a legal requirement for directors to manage the risks for the company in relation to stakeholders and their interests.
The direct response consists in not taking a position. It then states that ‘The Responsible Business Alliance is an initiative that enables companies to conduct due diligence, and, on a collaborative basis and through a collective approach to improve sustainability in their supply chains. It is not in our area of expertise nor in our mandate to formally endorse that the above-mentioned elements should be formally mandated by law. … Many of these leading standards such as the UNGPs or the OECD Due Diligence Guidance on Responsible Business Conduct include many of the elements which are proposed for inclusion in the corporate directors’ duty, as these are part of effective due diligence. Thus, for the sake of efficiency and effectiveness, in our view the main focus for the EU should be on helping catalyse and encourage good and sound due diligence while promoting company leadership ownership of due diligence efforts.
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