USA Law and Practice Contributed by: Michael G. Congiu and Gillian Gilbert, Littler
5. Business and Human Rights in Action 5.1 Best Practices The USNCP provides a range of resources to support businesses in implementing best prac - tices related to human rights. These resources include the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct, which serve as a foundational framework for cor - porate responsibility. The USNCP emphasises the importance of due diligence, noting: “Companies implementing due diligence pro - cesses are much better equipped to handle actual and potential adverse impacts. Due dili - gence processes may also reduce the risk of becoming the subject of complaints.” In addition, the U.S. Department of State, in col - laboration with non-governmental organisations (NGOs), administers the Responsible Sourcing Tool (www.responsiblesourcingtool.org). This platform offers practical guidance and informa - tion to assist companies in identifying and elimi - nating human trafficking risks within their supply chains.
The United States’ NAP on Responsible Busi - ness Conduct articulates the federal govern - ment’s expectations regarding corporate HRDD. Specifically, the NAP states: “The government expects businesses to con - duct HRDD throughout their value chains in line with internationally recognized standards set out in the UN Guiding Principles on Business and Human Rights (UNGPs), the OECD Guidelines, and the International Labor Organization’s (ILO’s) Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration). Businesses should treat these standards and principles as a floor rather than a ceiling for implementing responsible business practices while incorporating lessons learned and striving for continuous improvement.” The US government expects all businesses, regardless of size, sector, operational context, ownership, or structure, to integrate HRDD into their operations and supply chains.
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