Devida Diligência em Direitos Humanos em Áreas Afetadas por Conflitos: Um Exemplo Infeliz da Ucrânia

Resumo

The article examines the phenomenon of human rights due diligence in conflict-affected and high-risk areas through the example of Ukraine. It is stressed that in conflict-affected and high-risk areas the companies should conduct heightened human rights due diligence, which complements the ‘classical’ ongoing due diligence with conflict-sensitive approach. Using the data presented by Business & Human Rights Resource Centre, the article shows that, unfortunately, companies have not implemented heightened human rights due diligence into their activities in Ukraine and/or Russia after the beginning of full-scale military invasion in February 2022. Besides, the article highlights that the companies should constantly evaluate the ongoing conflict and/or high-risk area, since the situation may change rapidly. This has been proved by the fact that the recently announced partial mobilization in Russia jeopardizes companies and increases the risk of them being found complicit in war crimes committed in Ukraine. Conclusions present quick step-by-step advice on how to conduct heightened human rights due diligence in conflict-affected areas.