CYIL vol. 11 (2020)

ONDŘEJ SVOBODA CYIL 11 (2020) defendants in suits brought under this law in order to provide redress for human rights abuses. 42 The still novel French Duty of Vigilance law (2017) requires companies of a certain size to create and implement annual vigilance plans in order to assess and address the risks of human rights, health and safety and environmental violations resulting from their activities, including that of their business relationships. Hence, the law also covers activities of their subcontractors and suppliers. As it happens, it corresponds to the concept enshrined in the UNGP. In addition, the law includes judicial mechanisms to enforce obligations and provide remedies to victims. A judge can order a company to establish, publish and implement a vigilance plan and impose a fine up to 30 million Euros. Interested parties, including adversely affected people and communities, may file a civil action to invoke company’s liability, claiming compensation. In June 2019, a group of French city mayors and NGOs sent the first formal notice under this law to the multinational gas company Total, requiring the company to take measures to identify the risks to human rights and the environment caused by its emissions of greenhouse gas, as well as adequate preventive measures against climate change. In Switzerland, the National Council approved introducing mandatory human rights considerations in the Human Rights Due Diligence Bill in June 2019. Envisaging to introduce an obligation for Swiss companies to undertake human rights and environmental due diligence to in high-risk sectors in their business activities abroad, it is inspired by the concept of due diligence as developed in the UNGP and by the OECD. 43 A referendum on the bill could take place in 2020. This track has been followed in other countries as well. For instance, the Finnish government announced in its official programme plans to make compulsory conduct human rights assessment for companies. 44 The German government proposed to establish due diligence processes within the National action plan on business and human rights and possibly binding legislation later. 45 But probably the most important development takes place in Brussels. In April 2020, the EU Commissioner for Justice, Didier Reynders, committed to a legislative initiative on mandatory human rights and environmental due diligence obligations for EU companies, which will include liability and enforcement mechanisms and access to remedy provisions for victims of corporate abuse. 46 42 Jesner v. Arab Bank, 138 S. Ct. 1386 (2018). 43 GOERGE, A., BURCKHARDT, P. Responsible Business Initiative – Swiss Council of States adopts conservative counter-proposal. Lexology , 19 December 2019. Available at: https://www.lexology.com/library/detail.aspx?g= 1374f1c8-5063-47d5-8021-f69c43f963bd [accessed 12 April 2020]. 44 European Coalition for Corporate Justice: Finnish Government commits to HRDD legislation, 3 June 2019. Available at: https://corporatejustice.org/news/15476-finnish-government-commits-to-hrdd-legislation [accessed 12 April 2020]. 45 Federal Foreign Office: The German National Action Plan on Business and Human Rights. Presentation by Commissioner for Human Rights Policy and Humanitarian Aid Dr. Bärbel Kofler on 29 November 2017 at the UN Forum on Business and Human Rights. Available at: https://www.ohchr.org/Documents/Issues/Business/ ForumSession6/Germany.pdf [accessed 22 March 2020]. 46 FOX, B. New human rights laws in 2021, promises EU justice chief. EURACTIV , 30 April 2020. In this context, see the recently released study for the European Commission focused on due diligence requirements to identify, prevent, mitigate and account for abuses of human rights: Study on due diligence requirements through the supply chain: Final report, 24 February 2020. Available at: https://op.europa.eu/en/publication-detail/-/ publication/8ba0a8fd-4c83-11ea-b8b7-01aa75ed71a1/language-en [accessed 12 April 2020].

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