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.
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.
Overall, the entity is supportive of a mandatory human rights due diligence framework at the EU level, but cautions against the legislation being too complex or punitive.
Q 2: "Yes, an EU legal framework is needed.The AWDC supports the idea of a cross-sectoral EU legal framework on mandatory due diligence that ensures a level playing field for companies on both a European as well as an international level. However, the EC should be careful to draft legislation that is too complex and should focus on developing a clear framework that is supportive of European companies and does not focus purely on punitive measures. Moreover, there are several key considerations and potential loopholes that should be taken into account when developing such a legal framework."Q 14: "Furthermore, any framework on due diligence should be based on an obligation of means rather than an obligation of results."
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 supports the inclusion of all sectors and companies within scope of the Directive, with the exception of micro-enterprises.
Q 14: "Taking into account the specificities of the European diamond sector, the new legislative framework should apply to all companies with proportionate requirements for SMEs and with the exemption of micro-enterprises (less than 10 employees). In this respect, it is crucial that an agile framework is envisaged for SMEs so that they can incorporate due diligence into their business model without increasing the administrative and financial burden. It is essential that the new rules are pragmatic and implementable."
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 does not support the inclusion of civil liability provisions in the CSDDD.
Q 19a: In response to the enforcement of the CSDDD, the entity did not support the inclusion of judicial enforcement with liability and compensation. - "The AWDC would like to underline that emphasis should be put on rewarding companies as opposed to sanctioning them at first stage. This will positively trigger and motivate companies to implement due diligence practices into their business structure
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.
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 support including the full coverage of the value chain in due diligence obligations and calls to narrow the scope to direct suppliers.
Q 14: "With regard to the value chain, the AWDC believes that due diligence should encompass only the direct suppliers in the company’s value chain, and if possible, all parts of the value chain that companies can reasonably control. Indeed, not all companies within the European diamond sector, mainly composed of micro SMEs with limited human and financial resources, can exert control over the whole supply chain."
Q 3: Selected both option 4 & 5, indicating that possible benefits of an EU legal framework would include, "Increasing legal certainty about how companies should tackle their impacts, including in their value chain;" and "A non-negotiable standard would help companies increase their leverage in the value chain."
| Legislation | Phase of Active Company Engagement | Position |
|---|
| Member | Performance band |
|---|---|
| Rio Tinto | F |