Title: ‘Human Rights Due Diligence: Challenges of Method, Power and Competition’ 

Discussant: Sharifah Sekalala

Abstract: Human rights due diligence (HRDD) looks set to become a mandatory obligation imposed on many larger businesses by a variety of governments globally. But our understanding of the future potential of HRDD is currently constrained by lack of research into how it is operationalised in practice. This article fills that gap by providing the first detailed empirical analysis of HRDD on the basis of interviews with practitioners who undertake HRDD for companies. The findings of this research identify three key challenges to making HRDD effective; (1) methodological uncertainty about key aspects of the process (2) power dynamics between critical actors who are charged with undertaking vital aspects of HRDD and (3) the nature of the competition which takes place between HRDD practitioners. Mandatory HRDD laws need to focus on empowering key actors, including rightsholders themselves, if HRDD is to transform corporate human rights performance in the future.