Swiss Human Rights Due Diligence Legislation Falls Short
Switzerland has introduced legislation requiring companies to conduct due diligence on potential child labor in their supply chains, aiming to address human rights concerns. However, experts argue that the scope of the law is narrow and does not fully address the issue.
The New Law
According to the new law, companies selling goods or services in Switzerland must carry out due diligence if they have “reasonable grounds for suspecting that they have been produced using child labor”. Additionally, companies importing minerals from conflict zones above a certain level are required to conduct human rights due diligence.
Comparison with Other Countries
In contrast, Norway’s human rights due diligence legislation is more comprehensive. The Norwegian law aims to assist enterprises in respecting fundamental human rights and decent working conditions, both in the production of goods and provision of services. It also requires businesses to provide information on how they address adverse impacts on basic human rights and decent working conditions.
- Decent working conditions are defined as work that guarantees basic human rights, including health, safety, and the environment in the workplace, and provides a living wage.
- This is a higher standard than some multinational corporations have committed to publicly.
Germany’s human rights due diligence legislation also covers risks to internationally recognized human rights, labor rights, and the environment. Companies with over 3,000 employees or a local branch must conduct due diligence on potential human rights violations in their supply chains.
Japan has taken a different approach, issuing guidance for companies on respecting human rights in responsible supply chains. The guidance encourages businesses to identify and mitigate adverse human rights impacts in their operations and supply chains.
Expert Opinion
Experts say that while these laws are a step forward, more needs to be done to ensure that businesses take their responsibility to uphold human rights seriously. States must play a critical role in supporting the practical implementation of responsible business conduct.
UNDP Calls for More Effective Approach
The United Nations Development Programme (UNDP) has launched an information campaign to promote human rights issues in entrepreneurship in Kyrgyzstan, within the framework of its “Business and Human Rights” project, funded by the Government of Japan. The UNDP says that public expectations or market mechanisms alone will not be sufficient incentives for businesses to take their responsibility to uphold human rights seriously.
- In a review, the UNDP has seen that due diligence in the field of human rights has gradually become the generally accepted standard for responsible business.
- However, it is clear that states must play a critical role in supporting the practical implementation of responsible business conduct.
The Japanese government’s approach to providing guidance and raising awareness among companies on human rights issues may be more effective in the context of Kyrgyzstan, according to the UNDP.
Contact Information
Contact: Nurzhan Alymkanova, Communications Specialist, UNDP Email: Nurzhan.alymkanova@undp.org