Operating in conflict-affected and high-risk areas poses complex challenges for multinational enterprises (MNEs) concerning human rights abuses and modern slavery within global supply chains. The presence of MNEs in such environments often worsens human rights violations, necessitating a shift from neutrality to proactive engagement. This shift entails increased responsibility for MNEs operating in conflict-affected, high-risk zones, including the implementation of rigorous human rights due diligence and the adoption of a conflict-sensitive approach in decision-making processes. While the international framework offers guidance on responsible conduct in such challenging situations, the practical implementation of heightened human rights due diligence and responsible disengagement processes presents significant obstacles for MNEs, underscoring the need for clearer guidance and best practices. This chapter explores over 15 cases from OECD National Contact Points (NCPs) involving corporate activities in conflict zones like Myanmar, the Occupied Palestinian Territory, and the Democratic Republic of Congo. By analysing these cases, the chapter aims to illuminate how companies can fulfil their human rights responsibilities in conflict environments. It underscores the expanded role of companies in upholding human rights through enhanced due diligence, stakeholder engagement, and responsible exit strategies. The critical analysis of case law provides insights into effectively meeting human rights obligations amidst the complexities of conflict situations.

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Analysing Heightened Corporate Human Rights Responsibilities in the Context of OECD Case Law

  • Kateryna Buriakovska,
  • Otgontuya Davaanyam

摘要

Operating in conflict-affected and high-risk areas poses complex challenges for multinational enterprises (MNEs) concerning human rights abuses and modern slavery within global supply chains. The presence of MNEs in such environments often worsens human rights violations, necessitating a shift from neutrality to proactive engagement. This shift entails increased responsibility for MNEs operating in conflict-affected, high-risk zones, including the implementation of rigorous human rights due diligence and the adoption of a conflict-sensitive approach in decision-making processes. While the international framework offers guidance on responsible conduct in such challenging situations, the practical implementation of heightened human rights due diligence and responsible disengagement processes presents significant obstacles for MNEs, underscoring the need for clearer guidance and best practices. This chapter explores over 15 cases from OECD National Contact Points (NCPs) involving corporate activities in conflict zones like Myanmar, the Occupied Palestinian Territory, and the Democratic Republic of Congo. By analysing these cases, the chapter aims to illuminate how companies can fulfil their human rights responsibilities in conflict environments. It underscores the expanded role of companies in upholding human rights through enhanced due diligence, stakeholder engagement, and responsible exit strategies. The critical analysis of case law provides insights into effectively meeting human rights obligations amidst the complexities of conflict situations.