Abstract

On 9 December 2016, the Swiss government presented the Swiss National Action Plan on the implementation of the United Nations Guiding Principles on Business and Human Rights. It highlighted that corporations are expected to conduct human rights due diligence in their activities in Switzerland and abroad. Despite identified international developments, it did not recommend the adoption of regulatory measures introducing a mandatory due diligence provision in Swiss law. In parallel to these developments, a coalition of Swiss non-governmental organizations submitted the popular constitutional Responsible Business Initiative (RBI). The RBI aims at modifying the Swiss Constitution by including a specific provision on the responsibility of companies to respect human rights and the environment. In order to fill the same accountability gap and avoid a popular vote on the RBI, the parliament is currently elaborating the text of its Counter-Proposal at the legislative level. This piece presents the content of the RBI and its counter-proposal and explains the differences between them. It aims at informing similar debates currently taking place in other countries.

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