Smart Mix in Business and Supply Chains

By Ayman Okeil

From November 25 to 27, 2024, the 13th United Nations Forum on Business and Human Rights will be held in Geneva. This year’s theme focuses on the concept of a “Smart Mix” in relation to the Guiding Principles on Business and Human Rights, adopted by resolution 17/4 of the Human Rights Council in 2011. In my view, this concept remains somewhat ambiguous and is not widely circulated across the African continent and the Arab region. When we examine the Guiding Principles, we find that the Smart Mix refers to national and international measures, both voluntary and mandatory, that enhance companies’ respect for human rights. For example, this includes legislative developments made by countries to promote adherence to human rights, as well as the implementation of “human rights due diligence” assessments by transnational companies, which align with the second pillar of the Guiding Principles. It is important to note that the Guiding Principles are based on three pillars: protection, respect, and remedy. Effective implementation of these pillars by states and transnational corporations can lead to business operations that are free from human rights violations or, at the very least, significantly reduce them.
Returning to the discussions planned for the forum from November 25 to 27 2024, a significant portion will focus on the challenges and opportunities presented by the Smart Mix concept. Attendees will discuss not only the obstacles to its implementation but also successful practices observed in the actions of countries, companies, and other stakeholders.
Among the key obstacles to implementing this concept are the pressures from Western countries and transnational corporations to avoid establishing a legally binding instrument that regulates their activities. This has persisted despite a decade since the working group’s formation tasked with achieving this goal. Additionally, weak compliance by transnational corporations with the objectives outlined in national business plans represents another significant challenge. On the other hand, positive practices associated with the Smart Mix can be observed in the adoption of national plans on business and human rights by 34 countries.
Ultimately, the forum presents an essential opportunity to exchange views and lessons learned regarding the impact of business on human rights and development. I believe the intersection between business and human rights is inevitable, and effective engagement with the Smart Mix concept by states, transnational corporations, and other business entities is a valuable practice. Building on the steps already taken may provide a real push toward establishing a legally binding instrument to regulate the activities of transnational corporations, so we do not endure another decade of stalled negotiations.