Even after ten years in this field, some events still manage to fascinate me enough to fill fifteen pages of notes! That's exactly what happened at the conference "Business and human rights in the OECD Guidelines for Multinational Enterprises."
Here are a few key takeaways:
🔹 Non-binding principles, but an unavoidable reference
"The OECD Guidelines are not 'coercive' standards, but they are becoming an unavoidable reference, both for judges and for companies, particularly when it comes to climate and societal issues."
🔹 A global movement towards greater vigilance
We are seeing a rise in texts inspired by the OECD:
- the French law on the duty of vigilance, Germany's LkSG, and others;
- European regulations (CSRD, CSDDD);
- Modern Slavery legislation (UK, Australia, Canada);
- sector-specific initiatives such as those on conflict minerals.
Companies now have to manage their risks, avoid contributing to negative impacts, and strengthen their due diligence processes.
🔹 The role of National Contact Points (NCPs)
The OECD has set up 52 NCPs, non-judicial but influential mechanisms:
- any person or organisation can bring a case before them;
- the opinions issued are public and affect companies' reputations;
- reaching an agreement depends on the voluntary cooperation of the complainant and the company, but this mechanism is increasingly used.
🔹 A real impact, even without legal constraint
"Companies often comply with NCP recommendations because they want to protect their reputation."
🔹 A study covering 2011–2022 sheds valuable light on how NCPs work and their impact
- More than 50% of cases relate to Chapter 4 of the OECD Guidelines, on human rights;
- Two main outcomes:
- Agreement between the parties, published by the NCP: one third of cases end in an agreement, which is significant for a non-binding mechanism.
- No agreement.
🔹 Current challenges and limitations
- no centralised database at the OECD;
- parallel procedures with other frameworks (e.g. duty of vigilance);
- risks of inconsistency between national and international procedures;
- "nearly 47% of cases are affected by parallel procedures (judicial vs. non-judicial), which shows the growing complexity of the regulatory landscape."
Thank you to François Guy Trébulle, Hervé Ascensio, Nicolas Hachez, Eric David, and Nicola Bonucci.
If this topic interests you, the next session of the series "The ILO's action: decent work in global supply chains" will take place on 15 December 2025 at the Cour de cassation.