Analyzing the doctrine of the human rights due diligence by business entities in Pakistan: a study of the applicability and doctrinal integration in the current legal regime

Abstract

Human Rights Due Diligence (HRDD) is a recent addition to the umbrella of corporate accountability, envisaged in the United Nations Guiding Principles on Business and Human Rights (UNGPs) 2011, requiring business entities to assess and mitigate potential human rights threats in the operations and supply chain. This investigation (research study) analyzes the current state of Human Rights Due Diligence practices in Pakistan to find out its integration in the domestic framework. This research investigation employs doctrinal methodology as it assesses the current status of the Doctrine of Human Rights Due Diligence in Pakistan. The type of research is analytical and descriptive, comparing the HRDD practices in Pakistan with countries like France, Germany and Norway. A thorough analysis shows that in Pakistan there is no law or regulatory policy which mandates business entities to conduct the process of HRDD. Due to the statutory and policy lacunae, not even a single business entity conducts HRDD, which is evident from the fact that no business entity (National or Multinational) has released a report about its HRDD activities, which is an essential element of the HRDD process. Currently, the process of HRDD is non-existent and alien to both business entities and the domestic legal framework of Pakistan. Business entities in Pakistan only focus on CSR, a voluntary give-back to society, to a certain extent. Unless and until a law mandates the process of HRDD for business entities in Pakistan, no business entity will voluntarily conduct HRDD. To strengthen corporate accountability in Pakistan, taking guidance from the best practices like France, Germany and Norway, a new law be passed providing for the HRDD as envisaged in the UNGPs 2011.