On 23 February 2022, the European Commission finally proposed draft legislation on Corporate Sustainability Due Diligence. Despite some interesting features, it falls far short of what is needed to protect human rights and the environment.
It particularly falls short on the concrete involvement of workers and trade unions in shaping and monitoring sustainable business due diligence strategies, aimed at preventing or ceasing adverse impacts on human rights and the environment.
A strong directive on Sustainable Corporate Due Diligence is desperately needed at a time of rising human rights violations including abuse of labour and trade union rights by major European companies.
Instead, some 238 days after the Commission was scheduled to present the directive, the draft proposal raises real concerns that it delivers much too little to impulse the necessary behavioural changes in business to effectively address and prevent violations of human rights and damage to the environment.
Workers and trade unions rights are Human Rights that business should comply with.
EU Human Rights Due Diligence should provide for effective measures to stop anti trade union practices and to stop violations of workers and trade unions rights.
EU Human Rights Due Diligence is the only way to hold business accountable for the impacts on people and the planet.
To recall, the ETUC key demands on mandatory Human Rights due diligence and responsible business conduct as adopted at the Executive Committee Meeting of 17-18 December 2019, include the following:
- A European directive on mandatory human rights due diligence and responsible business conduct.
- To establish mandatory and effective due diligence mechanisms covering companies’ activities and their business relationships, including their supply and subcontracting chains.
- As an important step forward to ensure the respect and enforcement of Human Rights. Human Rights should include trade unions’ and workers’ rights as main components.
- To empower workers to fight against of Human Rights’ violations. It should ensure the full involvement of trade unions and workers’ representatives in the whole due diligence process.
- For effective remedies and access to justice for victims, including trade unions.
- To hold companies accountable for the impacts of their operations : liability must be introduced for cases where companies fail to respect their due diligence obligations, without prejudice to joint and several liability frameworks.
USEFUL LINKS:
- ETUC initial analysis of the CSDD Proposal (ExCo 03/22) (English & French)
- Commission delivers “bare minimum” on Corporate Sustainability Due Diligence
- ETUC Position for a European directive on mandatory Human Rights due diligence and responsible business conduct
- Joint petition on Enforcing Human Rights
- Joint ETUC-ETUFs statement on sustainable corporate governance
- ETUC Press release “Rise in rights violations make due diligence directive urgent”
- Due diligence & subcontracting | ETUC
- ETUC Annual EWC Conference 11&12 October 2021 | ETUC : Human Rights in the supply and subcontracting chains: the role of trade unions and EWCs in the EC initiative on HRDD (Panel II)
- ETUC Press release “Rise in rights violations make due diligence directive urgent”
- ETUC Press release “Commission should be more ambitious on reporting on sustainability”
- ETUC Resolution on 2021 – Year for More Democracy at Work | ETUC
- ETUC Press release “Pressure grows for EU law on global corporate accountable”
- ETUC reply to the Commission Open Public Consultation on a proposal for an initiative on Sustainable Corporate Governance (February 2021)
- ETUC input following the dedicated Commission hearing with the European Social Partners on the Sustainable Corporate Governance initiative (22 February 2021)