I- The State’s Obligation to Protect Human Rights
The International Framework
Actions to be Implemented [page 16]
- Work to enhance cooperation between the World Trade Organization (WTO) and ILO to better integrate international social standards on responsible production processes and methods (for example, targeting child labour and forced labour), in order to promote a level playing field that takes into account existing frameworks and regulations
The National Framework
11. The Inter-Ministerial Exemplary Administration Action Plan and the National Action Plan for Sustainable Public Procurement
Public Procurement Policy [page 25]
… The new legal framework for public procurement gives purchasers several ways of addressing social and environmental impacts. Having transposed Article 57 of Directive 2014/24/EU of 26 February 2014 on public procurement, French law now states that public contracts may not be awarded to economic operators that have been found guilty of … trafficking or exploitation of human beings (Article 45 of Ordinance 2015-899) …
13. The Role of Public Agencies
The Agence Française de Développement (AFD) [page 28]
… The AFD considers human rights when selecting the projects it finances. Every year, it produces a corporate social responsibility report which mentions human rights in accordance with the ISO 26000 standard. It also has an exclusion list which prevents it from financing projects that involve forced labour, …
II- Businesses’ Responsibility to Respect Human Rights
3. Risk Analysis and Impact Assessment
Practical Tools Addressing Specific Issues [page 41]
- ILO has created a business helpdesk providing questions and answers, resources and tools on issues connected with workers’ rights: … forced labour, … It also offers free and confidential assistance for company directors and workers.
III- Access to Remedy
1. Judicial Mechanisms – At the International Level
1.1 The Protocol to the ILO Forced Labour Convention [page 47]
France ratified the Protocol to the 1930 ILO Forced Labour Convention (no.29) on 7 June 2016. France was the fifth country to ratify the Protocol.
This Protocol was adopted at the ILO International Labour Conference on 11 June 2014 in Geneva. It supplements the convention, which is one of ILO’s most ratified instruments, by dealing with new forms of forced labour.
The Protocol provides for access to appropriate and effective remedies such as compensation. It also reinforces international cooperation in the fight against forced and compulsory labour. It highlights the important role played by employers and workers in tackling this issue.
This ratification is evidence of France’s commitment to fighting all forms of forced labour and promoting the universal ratification of ILO’s fundamental conventions.
1. Judicial Mechanisms – At the National Level
The Jurisdiction of French Courts to Hear Criminal Matters [page 49]
More specifically, French legislation is strict in combating human rights violations by legal entities. Under French law, it is a criminal offence for companies to engage in activities that breach people’s rights (… forced labour), …