Lieferkettengesetz
Katharina Brandt
In the context of several European legislative processes on supply chains this study emphasizes the importance of binding legislation for companies to comply with environmental aspects in addition to human rights along their supply chains.
The German "Supply Chain Due Diligence Act" is adopted! But what exactly is behind this? Our analysis shows: We are still a long way from reaching our goal in the fight against human rights violations and environmental degradation in global value chains, but with the new law, we are finally off to a good start.
In the last year, the German government held intense and controversial discussions on the introduction and design of national due diligence regulation. However, environmental aspects of corporate due diligence were given little attention. By contrast, the debate at European level is already much more progressive. On January 27, the Legal Affairs Committee of the European Parliament explicitly recommended the inclusion of independent environmental due diligence requirements in a future European due diligence legislation.
To this date, environmental due diligence has hardly been integrated into legislations and it is not yet as concrete as UN Guiding Principles on Business and Human Rights are in regard to human rights concerning responsibilities of corporations. Human rights due diligence captures environmental destruction when it is directly linked to human rights violation like a toxic spillage, which directly causes death or health issues.
For months, there has been an intensive and controversial debate in Germany on a Human Rights Due Diligence Regulation (so called supply chain law). Recently, a new proposal has been under discussion - a law for a supply chain register. Now that the debate on the supply chain register is public and this proposal has also been submitted to EU Justice Commissioner Reynders, Germanwatch, Greenpeace and INKOTA hereby publicly present their central points of criticism of the supply chain register.