USA Law and Practice Contributed by: Michael G. Congiu and Gillian Gilbert, Littler
Littler 1300 IDS Center 80 South Eighth Street Minneapolis Minnesota 55402 Tel: +161 2630 1000 Email: mcongiu@littler.com Web: www.littler.com
1. Introduction 1.1 Business and Human Rights: A Summary The United States maintains a multifaceted legal and policy framework addressing business and human rights (BHR). While the USA supports key international standards such as the UN Guid - ing Principles on Business and Human Rights (UNGPs), it has not endorsed a binding inter - national treaty on BHR. Recent trends reflect a growing emphasis on responsible business con - duct, particularly in areas such as forced labour prevention, supply chain transparency, and cor - porate accountability.
• ILO Conventions: The USA ratified the Aboli - tion of Forced Labour Convention in 1991 and the Worst Forms of Child Labour Convention in 1999. • OECD Guidelines: As a member of the OECD, the USA adheres to the OECD Declaration on International Investment and Multinational Enterprises, which includes the Guidelines for Multinational Enterprises on Responsible Business Conduct. • UN Declaration on the Rights of Indigenous Peoples (UNDRIP): The USA supports UNDRIP but does not consider it legally bind - ing or reflective of current international law. 2.2 National and Regional 2.2.1 National Action Plan On 20 March 2024, the United States released an updated National Action Plan on Responsible Business Conduct (NAP). Overview The NAP reaffirms the US government’s (USG) commitment to promoting responsible busi - ness conduct (RBC), particularly in the areas of human rights, labour standards, anti-corruption, environmental sustainability, and technology governance. It emphasises the importance of human rights due diligence (HRDD) and outlines
2. Legal Framework 2.1 International
The United States has adopted and supported several international and regional instruments relevant to BHR: • UN Guiding Principles on Business and Human Rights (UNGPs): The USA endorses the UNGPs and other international standards, though it has expressed opposition to a bind - ing international treaty on BHR.
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