Non-judicial remedies for corporate human rights abuses have a viable and complementary role to judicial remedies in mature jurisdictions, although in Ukraine the ‘bouquet’ of effective remedies is more of a still-life. The national mediation community is gaining momentum and the authors argue that mediation may take place within state-based non-judicial remedies when institutionalized by the office of the Ombudsman. The objective of this article is to scrutinize the rule of law, access to justice, and the effectiveness criteria of the UNGPs with regard to mediation. The authors conclude that mediation can meet all of the effectiveness criteria requirements and special effort should be devoted to addressing the challenges of power imbalances between parties, the confidential nature of mediation and the public demand for transparency, to ensure that mediation outcomes are in accord with internationally recognized human rights. Based on the findings, the authors suggest that a state-based business and human rights mediation scheme, in line with the UNGPs’ effectiveness criteria, should have its own three pillars, namely, accessibility, availability and awareness, with quality assurance as its cornerstone.

The concept of heightened human rights due diligence (hHRDD) is often used to address corporate responsibilities in situations of armed conflict. For companies in these contexts, the first step is to assess whether their activities impact the conflict and its dynamics, and, as a result, whether they are involved in conflict-related human rights abuses. However, companies often find that they have no impact on the conflict. Should companies in these scenarios just focus on regular human rights due diligence (HRDD)? This piece aims to illustrate, based on the example of Ukraine, the human rights challenges that emerge during a war which companies with no influence on the conflict still face and to respond to the question of whether in such situations companies should still engage in hHRDD or continue to conduct HRDD as usual.

This article aims to highlight peculiarities relating to the realization of the state duty to protect human rights during the crisis situation after the 2020 presidential elections in Belarus. It proposes that we engage more seriously with the context of a strong authoritarian state, which does not have people’s protection as a priority and deliberately involves business in human rights violations. Such a context is at odds with the more often presumed model in the BHR discussion: a strong business and a weak state that cannot protect its people. Two systemic factors, which stem from the authoritarian nature of the Belarusian political regime and which worsened during the crisis are discussed in the context UN Guiding Principles on Business and Human Rights: the use of business as a tool to achieve political goals and the dependence of all institutions in the country on the authorities. One of the key conclusions of the article is that the Belarusian crisis, aggravated by the complicity of Belarus in the Russian aggression, prompts businesses to adopt a new optic on human rights due diligence and to assess their long-term risks and strategies in authoritarian countries. At the very least there is an awareness among businesses of the direct link between political and human rights risks.

The debate over home state responsibility for human rights has focused on how home states might use accountability mechanisms to promote respect for human rights among their businesses abroad. However, a set of activists and researchers have opened a new front on the question of home state responsibility by focusing on the activities of Canadian diplomats providing advice and consular services to extractive firms abroad. This work documents how home states can be directly implicated in business and human rights controversies and how home state diplomats can put human rights defenders at increased risk. This paper outlines the growing body of research on the hidden influence of Canadian economic diplomacy in human rights controversies, suggesting a troubling disregard for corporate social responsibility and human rights concerns in these contexts, and making the case for robust accountability mechanisms to influence the conduct of both corporate actors and diplomatic officials.

This DiF paper analyses the 2021 Consultations for Central & Eastern Europe and Central Asia, conducted as part of the process underlying the United Nations Working Group ‘Report on human rights-compatible international investment agreements’. These consultations led to three unique conclusions concerning International Investment Agreements (‘IIAs’), which were absent in other consultations: (i) the ‘regulatory chill’ caused by IIAs with respect to human rights regulations is moot in authoritarian and ‘hybrid’ regimes in this region, (ii) IIAs tend to be perceived in this region as tools to protect human rights, which can spill over to other areas of socio-economic life, and as a source of inspiration and a model for building similar protections in such other areas, and with the potential to (iii) have a positive impact on the development of domestic laws (and their relationship with the rule of law and good governance reforms in developing host states).

Since their adoption, the UN Guiding Principles on Business and Human Rights have become crucial to intensify actions to protect human rights in the context of business conduct. Numerous countries, including Poland, have adopted National Action Plans (NAPs). Taking into account the years that have passed, it is worth assessing the implementation of their goals. Guidelines for the preparation of NAPs on business and human rights of the United Nations Working Group on Business and Human Rights (UNWG) are helpful in assessing the Polish NAPs. This Development in the Field piece concludes that every NAP should begin with an assessment that would help identify areas where there is a need to implement necessary policies. Such an assessment could be used to compare the initial stage with future achievements. It should rely on clear milestones mentioned in NAPs, and on key performance indicators to assess effectiveness while also relying on inclusive decision-making processes. Unfortunately, this was not the case with the two Polish NAPs.

Multiple independent studies have highlighted the remarkable process of multistakeholder dialogue in the development of Peru’s first National Action Plan (NAP) on business and human rights. While facing several challenges, not least a global pandemic, the process was indeed a success in so far as it opened up a new path for policy making in Peru: that of multistakeholder dialogue including actors who traditionally deeply mistrust each other. This piece describes the key enabling conditions and operational strengths that allowed for such a highly participatory process and, ultimately, resulted in some strong commitments on business and human rights.

Globally, companies are developing and implementing their strategies to reduce greenhouse gas emissions to limit the global temperature increase to 1.5 degrees Celsius above pre-industrial levels, in line with the Paris Agreement. However, there is also growing recognition and awareness of the potential negative impacts of these activities on human rights. Recent pressure from international normative standards and ESG expectations, emerging legislative developments, and legal precedents are driving companies to consider human rights impacts across their climate action. This piece explores some of the human rights risks associated with the transition to renewable energy; the transformation to regenerative agriculture; the scaling up of the circular economy; and the implementation of nature-based solutions. It then explores the challenges of conducting effective human rights due diligence given the scale and scope of the transitions needed and provides examples of how companies are seeking to respect human rights in their climate action.

In 2021, the first-ever Ukrainian business and human rights strategy and action plan were approved. Although a positive political shift, the Government-led endevour failed dismally. This piece explores the drafting process and content of the policy in question, its many shortcomings and the possible way forward as business and human rights becomes even more pressing matter in times of war and in post-conflict context.

This article discusses the relatively new phenomenon of corporate activism concerning the LGBT+ community in Central and Eastern Europe, particularly in Poland. It highlights how companies use various forms of corporate activism to show support and solidarity with LGBT+ people, especially during Pride Month. The authors note that there is a need to understand how these actions are perceived by civil society organizations (CSOs) that support LGBT+ people. To address this issue, a qualitative study was conducted to gather the perceptions of 11 CSO representatives from different organizations on the activities undertaken by companies for LGBT+ groups. The study intended to explore whether CSOs identified the support provided by businesses as activities to protect human rights, which business activities were valued most by the LGBT+ community, and what business actions in the public sphere are expected.

This article analyses a domestic litigation matter seeking to establish accountability for air pollution-related human rights violations. It examines how the judiciary applied national and international law to dismiss the case on procedural grounds. It argues that the domestic case deserves careful reading for a number of reasons that can be distilled into two premises. Firstly, the national legal framework and its respective judicial interpretation impede access to justice for victims of state and/or corporate human rights violations. Secondly, it is essential that the state develops laws and policies in line with the United Nations Guiding Principles on Business and Human Rights, which would allow claimants to focus their argumentation on material, rather than procedural issues relevant to proving the merits of the case.