Action plan shows human rights breaches are still a serious legal risk for UK companies
On 4 September 2013, the UK Government became the first to release a national action plan to implement the UN Guiding Principles on Business and Human Rights. The plan follows the European Commission's appeal, as part of its policy on corporate social responsibility, for EU member states to develop national action plans to implement the Guiding Principles by the end of 2013. The principles were formulated by Professor John Ruggie, the former Special Representative of the UN Secretary General for Business and Human Rights, and recognise, through a "protect, respect and remedy" framework, that: states have a legal duty to protect against human rights abuses; businesses have a responsibility to comply with applicable laws and respect human rights; and effective remedies are needed for victims of human rights abuses.
September 26, 2013 at 07:03 PM
6 minute read
Despite disappointment among activists, Government policy highlights increasing pressure on businesses
On 4 September 2013, the UK Government became the first to release a national action plan to implement the UN Guiding Principles on Business and Human Rights.
The plan follows the European Commission's appeal, as part of its policy on corporate social responsibility, for EU member states to develop national action plans to implement the Guiding Principles by the end of 2013.
The principles were formulated by Professor John Ruggie, the former Special Representative of the UN Secretary General for Business and Human Rights, and recognise, through a "protect, respect and remedy" framework, that: states have a legal duty to protect against human rights abuses; businesses have a responsibility to comply with applicable laws and respect human rights; and effective remedies are needed for victims of human rights abuses.
The creation of national action plans extends beyond the EU and can be seen as part of a broader global movement to promote respect for human rights, which has been gathering pace since the UN Human Rights Council endorsed the Guiding Principles in 2011.
In its plan, the UK Government does not credit the EC's appeal as its inspiration, but refers to companies' need for certainty about the Government's expectations on human rights and support in meeting those expectations, and describes its plan as a response to that need.
Despite frustration among some human rights activists about the plan's reach, it does at least carry a clear message that the Government intends to promote the Guiding Principles, both within the UK and internationally, and to encourage UK businesses to meet their responsibility to respect human rights. It outlines the principal steps the Government has taken and intends to take to comply with its legal duty to protect human rights.
In addition, it sets out a list of guidelines for businesses to follow. These are: comply with all applicable laws; respect internationally recognised human rights; carry out human rights due diligence; consult potentially affected people; influence compliance with the Guiding Principles by their supply chains; adopt effective grievance mechanisms; be transparent about human rights policies, activities and impacts; and report publicly on human rights issues.
To that extent there seems to be little doubt about the Government's commitment to leadership on business and human rights and implementation of the Guiding Principles. Beyond this, the plan does not forecast wide-reaching legislative or regulatory reform. Indeed, the sense is that the Government does not anticipate radical change in policy, but intends to motivate and incentivise UK businesses to respect human rights, and seek the co-operation of other countries and institutions to promote good business practices globally.
Consistent with this approach, the plan emphasises that respecting human rights "brings business benefits", including a better brand perception in the minds of ethical consumers and investors and a reduced risk of litigation.
That does not mean that the Government will not legislate at all. Most recently, the amendments to the Companies Act 2006, which require directors of UK-listed companies to include human rights issues in annual strategic reports from 1 October 2013, demonstrate Government appetite for action. But for now the UK seems content to encourage and incentivise businesses rather than increase regulation, suggesting an intention to create the 'smart mix' of mandatory and voluntary measures advocated by the Guiding Principles.
Human rights campaigners may, however, be disappointed with aspects of the plan. For example, while it seems clear enough that the Government's focus is not restricted to domestic human rights abuses, the plan does not confirm to what extent UK companies will be held to account for abuses committed outside the UK.
Moreover, the emphasis in the section on access to remedies is heavily focused on businesses' own grievance processes, rather than any improvement in judicial options, notwithstanding the stated intention to keep the UK provision of remedy under review. The reference to the UK's National Contact Point (established in accordance with the OECD Guidelines for Multinational Enterprises) will be of little comfort to those who argue it is ineffective. And the possibility of the Government imposing sanctions on UK companies for human rights abuses is hardly touched upon outside the procurement process.
The accountability of businesses for human rights abuses committed abroad continues to be the focus of actions in the English courts (and elsewhere). Recalling the commentary to Guiding Principle 23, the plan calls on businesses to treat respecting human rights as a "legal compliance issue", at least where there is a risk of contributing to gross human rights abuses. The potential for legal claims against companies and individuals is given as a reason for taking this approach, and, particularly for multinational businesses operating in high-risk jurisdictions and industries, this remains a major legal risk.
Overall, the thrust of the plan seems to be to promote, rather than enforce, compliance with the Guiding Principles. Even so, the message for UK businesses seems clear: they must seek to comply with the Guiding Principles and be able to "know and show" that they can do this.
It is also worth remembering that the plan is the first of its kind and the start of a more coherent approach by the Government to addressing human rights issues in a business context. The Government has said it will report annually on progress and update the plan by the end of 2015.
By the end of this year, we should see the action plans of other states, which should provide a useful comparison with UK policy. With greater international momentum, we could see more robust policy in this area, but, even without this, the plan echoes increasing pressure on companies worldwide to operate responsibly, and is an important reminder to UK businesses of the need to address human rights issues.
Jehan-Philippe Wood is a partner and Stuart Neely an associate at Norton Rose Fulbright, who specialise in disputes and investigations.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllX-odus: Why Germany’s Federal Court of Justice and Others Are Leaving X
Mexican Lawyers On Speed-Dial as Trump Floats ‘Day One’ Tariffs
Threat of Trump Tariffs Is Sign Canada Needs to Wean Off Reliance on Trade with U.S., Trade Lawyers Say
5 minute readTrending Stories
- 1Reviewing Judge Merchan's Unconditional Discharge
- 2With New Civil Jury Selection Rule, Litigants Should Carefully Weigh Waiver Risks
- 3Young Lawyers Become Old(er) Lawyers
- 4Caught In the In Between: A Legal Roadmap for the Sandwich Generation
- 5Top 10 Developments, Lessons, and Reminders of 2024
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250