In addition to the development of NAPs, some
countries have introduced national legislation
to mandate corporate transparency or human
rights due diligence. Given the global footprint of
the tourism industry, many businesses outside of
these jurisdictions will be affected and will have
to engage with the legislation in some manner.
For example, businesses that are in the value
chains or have a business relationship with a
reporting entity will be asked what they are doing
to identify, address, and remedy their human
rights risks and impacts.
Legislative developments
There is growing momentum from countries around the world to develop legislation that
requires businesses to ‘know and show’ they respect human rights.
The content and scope of these laws varies from country to country. For example, some
legislation is issue-specific, focusing on areas such as modern slavery or child labour, while
other laws cover all human rights and environmental issues. Some legislation is focused on
reporting (for example, Australia and the United Kingdom have modern slavery legislation),
whereas other laws require businesses to engage in the process of human rights due
diligence (such as the French Duty of Vigilance Law). Examples include:
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Australia: Modern Slavery Act 2018 (Cth), Modern Slavery Act 2018 (NSW)
France: French Corporate Duty of Vigilance Law 2017
United Kingdom: Modern Slavery Act 2015
United States: California Transparency in Supply Chains Act of 2010 (SB 657)
Netherlands: Child Labour Due Diligence Act 2019
EU: EU Directive on Non-Financial Disclosures (Directive 2014/95/EU)
Germany: Act on Corporate Due Diligence in Supply Chains 2021 (which will
enter into force in 2023)
Norway: Norwegian Transparency Act 2022
In addition, the EU Commission is currently developing a Directive on Corporate
Sustainability Due Diligence, which would require EU Member States to legislate mandatory
corporate human rights and environmental due diligence.
Responsible business conduct and the tourism industry in Vietnam • Guidance for companies • 2022 | 23