National Technical Expert on the Legal Framework for Business and Human Rights in Libya

Globally, the perception ofStates being the sole guardians of the compliance of human rights is shifting. Companies holding the majority of the global financial capital and their meandering values chains all around the globe are increasingly taken into the responsibility to comply with human rights standard. This is demonstrated by an increase of laws and regulations forcing businesses to comply to human rights standards throughout the value chain for access to markets. Governments at the same time are asked to update the national legislation to keep companies accountable.

In 2011, theUnited Nations Human Rights Council endorsed the United Nations Guiding Principles on Business and Human Rights (UNGPs).Made up of 31 principles under three pillars, the UNGPs provide an outline of the complementary but differentiated duties and responsibilities of governments and business in preventing and addressing human rights abuses in business activities and relationships across value chains.They do not promulgate new obligations but rather re-state and clarify a set of focused commitments under existing international human rights law. They set out and detail a ‘Protect, Respect, and Remedy’ framework to address human rights risks in the context of business activities and business relationships. Importantly, the UN Guiding Principles delegate responsibilities for business to share in the overall scope of activities in support of human rights. The UN Guiding Principles also provide guidance on the measures states must take to ensure this framework has its intended impact.

Our client started working onBusiness and Human Rights (BHR)in2016 and since has been working in 44 countries with growing interest and engagement from donorsand host governmentsall over the world.In addition, Our client RBAS commissioned the development of a region-wide BHR Project Document in 2023 and supported the Inaugural Dialogue for Business and Human Rights inOctober 2024.

So far, there are noOur client BHR initiatives in Libya. Due to Libya’s proximity to Europe and its trade interests, aligning with European regulations is of direct relevance.

In February 2022, theEuropean Commissionintroduced theCorporate Sustainability Due Diligence Directive (CS3D)as part of the EU’s broader agenda to promote sustainable corporate governance and responsible business practices. On 13 June 2024, the European Parliament and the Council issued a directive with the aim to ensure that companies operating in the EU respect human rights and environmental standards throughout their value chains. Member States will be required to transpose the directive into their national law after its adoption.

The directive applies to both EU and non-EU companies that meet specific thresholds:

Libya, due to its proximity to Europe, is directly impacted by the (CS3D)CS3D DirectiveParagraph 42 of the directive cites Our clients “Heightened Human Rights Due Diligence for Business in Conflict-Affected Contexts: A Guide”as one of the key resources for companies operating in such environments. As Libya is considered a conflict or post-conflict context, European companies working in Libya are directly affected by these guidelines.Our client, as the author of this guide, holds unique expertise in supporting governments and businesses in Libya to effectively manage risks and uphold human rights standards.

With its special expertise in this field, Our client Libya wants to bring forward BHR in Libya with dedicated project. To kick-start awareness on BHR and funding opportunities leading to the implementation of a dedicated BHR project, the RoL project is looking to implement the following activities.

In support ofthisproject, Our client Libyais lookingfor a national technical expert on the legal framework for Business and Human Rights in Libya to support these activities..