The forum 'Due diligence and reparation for impacts of business activity', carried out on March 12 and 13 in Mexico City, generated high expectations and united a range of interested stakeholders in the business and human rights agenda.  As well as the discussion panels, experiences from affected communities and interventions by the Special Rapporteur on Economic Social and Cultural Rights from the Interamerican Human Rights Commission, the UN Working Group on Business and Human Rights (UNWG), and the Organisation for Economic Cooperation and Development (OECD), the participation and involvement of companies at different moments was a fundamental part of the forum's success.

Before the forum began and by way of discussing the role that businesses should play with regard to due diligence measures, on March 11 the UN Office of the High Commissioner for Human Rights in Mexico, the OECD, the Business and Human Rights Resource Centre and Oxfam Mexico organised a preparatory workshop on the responsibilities of companies in terms of human rights, particularly their obligation to carry out due diligence processes, as indicated in the UN Guiding Principles on Business and Human Rights, brought into practice in the OECD Due Diligence Guidance for Responsible Business Conduct. The main objective was to approach companies interested in the scope of this responsibility to make the most of possible debates that would be held in the forum.

Companies and business associations from the renewable energy, mining, agriculture, construction and food and drink sectors, as well as the Global Compact and the Coordinating Business Council (CCE) – the largest business organisation in Mexico, formed by 12 bodies representing tens of thousands of companies – took part in the workshop. In a space created to foster exchange of experiences and a discussion about the correct implementation of human rights due diligence processes, the companies immersed themselves in open conversation with representatives from the international organisations mentioned.  They highlighted issues related to the incorporation of impacts expressed by indigenous and farming communities, as well as ways to build relationships with such communities.

The workshop included an introduction to international instruments and standards relating to business and human rights, given by Dante Pesce, member of the UNWG. Marie Bouchard and Germán Zarama from the OECD gave a module on the OECD Due Diligence Guidance for Responsible Business Conduct, which represents the first standard backed up by governments about corporate due diligence, covering all sectors of the economy and tackling a large range of risks in commercial operations and supply chains, including human rights, labour, the environment and corruption.

Practical experiences of the implementation and guidance on due diligence processes were given by the Responsible Business Alliance and the Schlange & Co., private sector organisations that promote the international standards mentioned.

Finally, complaint mechanisms and reclamation inside the companies was discussed, which generated an interesting dialogue to find the best way companies can obtain information about the impacts they produce or the projects they are involved with have generated. The challenges that exist in guaranteeing access to remedy mechanisms for possible negative impacts of companies were also evaluated, including the role of the National Contact Points for Responsible Business Conduct. At the end of the workshop, the companies that participated were grateful for the space and showed enthusiasm towards participating in the days to follow in the forum on due diligence and reparation.

During the forum, the private sector participated in the inauguration and the closing of the event, two symbolic moments of this effort from civil society and international organisations to bring companies, civil society, affected community, government and academia to the table. Acknowledging the invitation to participate in the forum, both the Global Compact and the CCE showed their willingness through their interventions to listen and continue the dialogue with civil society and communities. Considering that they are the actors often involved in confrontation in situations of potential and real human rights impacts, these messages open the door for the construction of a normative and institutional human rights due diligence framework in Mexico.

Given the atmosphere of good will, immediately after the event, civil society organisations organised a meeting with the companies, accompanied by the UNHCR, the OECD and academia. After a conversation about the different perspectives and results of the forum, general agreements were reached to continue the commitment to dialogue expressed during the forum. As well as recognising that the central pillar of the question of business and human rights is the concept of human rights due diligence, the companies expressed their desire to learn more about the implementation of this process, to involve more companies in the conversation to advance in a constructive way and to play an active role in multi-actor spaces organised by the Mexican Government.

In conclusion, the forum “Due diligence and reparation for impacts of business activities” not only managed to unite a critical mass on a global level about the need to integrate frameworks of mandatory human rights due diligence, but also managed to take a first, historic step in establishing a baseline of dialogue between all actors involved. Although there are still difficulties and points of disagreement, we hope that in the near future, the results of this unique forum in the Global South will support the human rights of people and their communities.