Impact case study database

The Guiding Principles are soft law. They are not directly enforceable on governments or the millions of domestic or multinational businesses worldwide. As principles, they are also somewhat abstract. They do not set out exactly what businesses must do or how might they be persuaded, supported or mandated to act on human rights. Rather than relying on business goodwill, a practical mechanism for ensuring implementation of the UNGPs was needed.

1. Addo’s research led directly to NAPs as a policy instrument and shaped their process and content. Addo was appointed to the UNWG in 2011 based on his research expertise on business and human rights [5.1]. The idea of a NAPs emerged directly from his research (see Sections 2,3). The first Chair of the UNWG confirms “Michael [Addo] was indeed the [UNWG] member responsible for the original idea of developing National Action Plans and guidance...” [5.3]

Addo then led on their development: “Michael was proactive in elaborating how the National Action Plans should be constructed, both in terms of process and content” [5.3]. This included primary authorship [5.3] of the UNWG’s report to the UN General Assembly on NAPs in 2014 [5.2]. In that document, NAPs are defined as “plans drawn up by governments with relevant stakeholders to develop practical and actionable policy measures and goals to prevent and strengthen protection against human rights abuses by business enterprises” [5.2]. Addo also took the lead in developing the UNWG’s Guidance [5.4], supported by his two research grants (section 3).

Both the report to the General Assembly [5.2] and Guidance for member states [5.4] reiterated key themes from Addo’s research, including the need for an inclusive process [3.3, 3.4], attention to SMEs [3.6] and vulnerable groups [3.4, 3.5].

In 2014, following the UNWG paper on NAPs [5.2], UN Human Rights Council Resolution 26/22 recommended that member states started developing NAPs to implement the UNGP. Addo’s research-inspired idea had become UNHRC policy. [5.4]

2. NAPs have been adopted rapidly around the globe. The policy change inspired and shaped by Addo’s research was adopted quickly by member states, initially in Europe but spreading to Africa, Asia, the Americas and Australasia. To date, 24 States have adopted NAPs and NAPs are being developed in 32 more [5.5].

3. NAPS are making human rights a reality on the ground

Those twenty-three NAPs adopted globally have already resulted in multiple new policy instruments and initiatives for governments to encourage, support, and increasingly, to mandate businesses to act on human rights. “Of all the various initiatives and activities of the UN Working Group from 2012-2016, I believe Michael Addo’s push for National Action Plans and guidance for States was the most successful and impactful in terms of generating action on the [UNGP].” [5.3].

The two most impactful instruments so far have been:

Public procurement. Multiple countries, including the UK, France, Netherlands and Chile have included public procurement provisions in their NAPs [5.6]. The Danish NAP, for example, introduced a new requirement that all government building contracts include employee rights protection. Public procurement is estimated at about 15-20% of GDP globally. This concerted use of the purchasing power of governments therefore provides a very powerful lever to positively influence value or supply chain practice in relation to human rights for many millions of workers in both the developed north and the global south.

Due diligence reporting [DDR]. NAPs have also been a primary vehicle to develop initiatives on due diligence, that is, ensuring that businesses identify and address adverse human rights impacts arising from their activities, including direct and indirect suppliers in the developing world. Multiple NAPs also address the additional support needs for SMEs, consistent with Addo’s findings [3.6]. The German NAP, for example, includes a help desk for SMEs, a certification mark and a prize for responsible supply chain management [5.10].

Many NAPs include voluntary encouragement of DDR, enhancing corporate, social responsibility. These have been influential. The large German car-maker Daimler, for example, developed a code to identify human rights risks in its supply chain, including those such as mica or cobalt for car batteries with known concerns about safety and/or child labour - “We actively create transparency in the supply chain, right down to the mine if necessary”. [5.8]. Daimler then work with suppliers to ensure compliance, or they are replaced [5.8].

Increasingly, NAPs are emphasising the need for mandatory measures. The German NAP [5.10] included a threat of legislation if under half of businesses with 500 or more employees had not completed voluntary due diligence by 2020. Two surveys conducted as part of NAP monitoring showed insufficient progress. The German government will now introduce a Due Diligence Law to oblige companies to adhere to human rights standards in their global production chains, enforced by possible fines [5.9]. The upshot is that the fourth largest economy in the world will have a mandatory due diligence regime, with teeth, as a direct result of Addo’s proposal for NAPs. That is putting principles into practice and ensuring greater protection for human rights for millions of workers and communities across the world, including the most vulnerable.