Mineral Supply Chain Transparency: Soft and Hard Laws on Supply Chains Due Diligence and the Rise of Public-Private Partnerships

Abstract

This article looks at soft (voluntary) and hard (mandatory) laws on due diligence and supply chain transparency in the mineral sector and the rise of multi-stakeholder initiatives or public private partnerships (PPPs) as a means to promote legal advancement and compliance. Focusing on responsible mineral supply chains, it argues that since the Human Rights Council endorsed the UN Guiding Principles on Business and Human Rights in 2011, the path to regulate businesses’ behaviour turned towards mandatory legislation, whilst keeping voluntary forms of regulation. The greater call for due diligence in mineral supply chains has also been accompanied by a greater interest in PPPs to promote companies’ compliance with human rights, environmental standards and laws. The article concludes PPPs are becoming agents for legal advancement and a prominent feature in the respect and protection of human rights along supply chains, as agents of human rights advancement, legal enforcement and legal efficiency. It also emphasises that in order to succeed PPPs need the full engagement of governments of minerals’ producing countries whose role should not be limited to the mere provision of a regulatory framework, but include the creation of a supportive environment for the full implementation of due diligence.