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 does not support a mandatory human rights due diligence framework at the EU level and emphasises that the focus should be in promoting existing voluntary frameworks.
Q 2: "No, it should be enough to focus on asking companies to follow existing guidelines and standards."
Q 1: " Existing voluntary due diligence schemes in the minerals and precious metals sector are i.e., LBMA Responsible Gold Guidance, LPPM Responsible Sourcing Guidance, ICMM Responsible Sourcing initiative, RJC Chain-of-Custody Certification Program, Together-for-Sustainability, Initiative for Responsible Mining Assurance, DriveSustainability, etc.
IPA believes it is important to recognize the process of alignment between and cross-recognition of standards/schemes, covering material risks and avoiding fragmentation. Therefore, the EU’s focus should be on the already existing frameworks and how they can be promoted beyond the national and the EU level. "
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 cross-sectoral and international due diligence obligations, but calls for the exclusion of SMEs from scope.
Q16: "SMEs should be excluded with some exceptions (e.g. most risky sectors or other)" - " A SME will not be able to conduct human rights due diligence of the same form and sophistication as a big multinational. "
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 having an "efficient, impartial and transparent" enforcement mechanism, but cautions against administrative burdens and disproportionate sanctions.
Q 19a: Selected "Other". "If the EU decides to propose new due diligence legislation, it should be based on efficient, impartial and transparent enforcement mechanisms, in line with policy objectives and goals. The EU should particularly aim to avoid creating an administrative burden on EU companies, which might reduce the incentive to produce or deal with products containing the concerned minerals or lead to their withdrawal from the market and replacement by companies from other regions that are not bound by similar regulations."
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.
In response to Q 19 on enforcement of the CSDDD, the entity did not select that there should be judicial enforcement or liability for non-compliance.
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 calls for the value chain scope to be limited to direct, tier 1 suppliers.
Q2: "Regarding the scope of a possible EU legislation, IPA believes that the focus should be on the area of direct impact, i.e., companies’ own operations, and tier 1 suppliers of the upstream supply chain. "
Q 14: ": It is unclear whether companies are expected to conduct due diligence across their entire supply chain (direct and indirect sourcing) and how this would look in practical terms (without creating overly burdensome due diligence process). Value chain thinking does not mean that upstream economic operators should have endless responsibilities vis-à-vis their downstream partners ... IPA therefore believes that companies’ efforts should be limited to first-tier suppliers/subcontractors."
| Legislation | Phase of Active Company Engagement | Position |
|---|
| Member | Performance band |
|---|---|
| BASF | E+ |
| Anglo American | F |