A RECORDING OF THIS SESSION IS AVAILABLE HERE.As mandatory measures are being further developed, there is a need to consider how enforcement of such measures can be effective in practice, ensuring that the focus of implementation is to drive better outcomes for people. Doing so will depend on including groups at risk of vulnerability or marginalization, trade unions, human rights defenders and others in the consultative processes leading to the drafting of legislation.
In other words, there is a need to design legislation and its enforcement to drive meaningful due diligence, including by clarifying expectations on the quality of due diligence; how companies should document due diligence beyond simply declaring that they have done it; and how to guarantee remediation. As mandatory human rights due diligence laws emerge in different jurisdictions, the UNGPs (together with OECD Guidelines which integrate the UNGPs due diligence standard) can provide a focal point for consistency and quality of laws. However, questions of enforcement remain open. Among the key issues for effective delivery of mandatory due diligence legislation, are the needs for a structure (national, regional, global) that can support implementers (regulators, business) and other stakeholders with a role to play (reinforce implementation drive through dialogue, engagement and monitoring).
This forum session will involve different stakeholders in dialogue on the most effective set of enforcement mechanisms needed for meaningful due diligence.
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