As also reported by ILAW, the ECCHR has produced a policy paper that proposes key considerations for the implementation of the due diligence obligation under the German Supply Chains Act (LkSG) in relation to state-imposed forced labor. Using the example of forced labor in the Uyghur region of China, which has been connected to the supply chains of numerous German companies, it emphasizes that human rights due diligence carried out by companies operating in or sourcing from this region must take into account the specific political, legal and cultural context in which these human rights violations are occurring. Considering the context in which state-imposed forced labor is carried out, there are no due diligence measures through which companies can effectively identify or prevent these risks from occurring. As a consequence, in this situation the only feasible due diligence response should be disengagement of business relationships with companies operating in the Uyghur Region. Failure to take appropriate action to address these risks exposes businesses to potential enforcement action under the LkSG, as well as potential criminal liability for aiding and abetting crimes against humanity.
The Policy Paper can be found annexed below and on the ECCHR website.