Analysing OECD National Contact Point Statements for Guidance on Human Rights Due Diligence: Method, Findings and Outlook

This article examines statements issued by National Contact Points (NCPs) under the OECD’s Guidelines for Multinational Enterprises. Applying the term ‘risk-based due diligence’, the OECD’s Guidelines have adopted the human rights due diligence concept introduced by the UN Framework and elaborated by the UN Guiding Principles. OECD NCPs de facto serve as remedy institutions for those instruments. The analysis aims to identify and glean insights provided by NCPs on human rights due diligence. It identifies and analyses specific instances that have addressed due diligence in regard to state guidance for companies operating in conflict areas and the identification of a business relationship as ‘directly linked’ in the terms of the UNGPs and the Guidelines. It also considers steps that form part of due diligence, particularly stakeholder engagement, the exercise of influence through leverage, and integrating and acting upon findings on impact. The article finds that final statements and recommendations issued by NCPs can serve as sources of norms for human rights/risk-based due diligence. It also finds that there appears to be scope for a larger number of NCPs to deliver guidance through their final statements.