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.
The entity is supportive of the introduction of mandatory human rights due diligence legislation at the EU level.
Q 2: “Yes, an EU legal framework is needed”. -
“The Cobalt Institute enthusiastically supports efforts to address human right and environmental impacts. We support efforts to do this in a horizontal way, capturing all uses of cobalt, not only specific end uses. … We urge that any legal framework that is put in place adds value in terms of impact to people and planet, and does not introduce new standards or processes which may conflict with or duplicate internationally accepted standards or existing/emerging) legislation.”
Q 3: “The Cobalt Institute believes all of the above are important factors. In addition, the legal framework should offer the following benefits:
-Leveraging internationally recognised standards and instruments (UNGPs, OECD, ILO).
- Implementing risk-based due-diligence that allows principled prioritisation - based on the severity of the risk or the irremediability of delaying a response - that would allow companies to prioritise and respond to the most severe issues in a more effective way.”
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 coverage of all companies based and/or active in the EU, but calls for proportionate responsibilities and lighter requirements for SMEs.
Q 17: "This should be applicable to all companies domiciled or based in the EU, or companies active in the EU market. The same requirements should apply for both."
Q 16: "SMEs should be subject to lighter requirements ... SMEs should have lighter reporting requirements; Capacity building support, including funding." -
"All businesses have the potential to contribute to environmental and social, including human rights impacts, and the responsibility to respect human rights in particular under the UN Guiding Principles on Business and Human Rights, however efforts should be proportionate to their size and impact."
Implementing an enforcement mechanism where companies fail to carry out due diligence as described.
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 implementation a grievance mechanism where companies fail to carry out due diligence as described.
“Supervision by competent national authorities (option 2) with a mechanism of EU cooperation/coordination to ensure consistency throughout the EU” -
“Supervision/coordination at European level will be needed to complement the option selected. Grievance mechanisms available to affected rights-holders should meet the effectiveness criteria as set out in the UNGPs.”
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 19: For enforcement of the CSDDD, the entity calls for "Supervision by competent national authorities, with a mechanism of EU cooperation/coordination to ensure consistency throughout the EU" but does not support the inclusion of sanctions or civil liability provisions.
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 supports comprehensive coverage of due diligence requirements and calls for the value chain scope to go beyond merely specific end uses.
Q 14: Option 1. “Principles-based approach”: A general due diligence duty based on key process requirements (such as for example identification and assessment of risks, evaluation of the operations and of the supply chain, risk and impact mitigation actions, alert mechanism, evaluation of the effectiveness of measures, grievance mechanism, etc.) should be defined at EU level regarding identification, prevention and mitigation of relevant human rights, social and environmental risks and negative impact. These should be applicable across all sectors. This could be complemented by EU-level general or sector specific guidance or rules, where necessary.
We support efforts to do this in a horizontal way, capturing all uses of cobalt, not only specific end uses. ... We urge that any legal framework that is put in place adds value in terms of impact to people and planet, and does not introduce new standards or processes which may conflict with or duplicate internationally accepted standards or existing/emerging) legislation."
| Legislation | Phase of Active Company Engagement | Position |
|---|
| Member | Performance band |
|---|---|
| BASF | E+ |
| Vale | F |
| Anglo American | F |
| Glencore | F |