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Forced labour & modern slavery

Slavery and forced labour are prohibited under a range of international treaties and conventions. Since 1981, slavery has been prohibited by all individual states. However slavery and forced labour remain prevalent; the 2017 Global Estimates of Modern Slavery state that on any given day in 2016, 40 million people were victims of modern slavery, including 25 million people in forced labour and 15 million people in forced marriage. The Global Estimates of Child Labour 2012-2016, published in 2017, highlights that 152 million children aged 5-17 were estimated to be child labourers. Forced labour is immensely profitable with the illicit profit estimated by the ILO in 2014 at $150 billion a year. Although some may consider it an issue for ‘developing’ states, it is a universal issue with examples coming to light in states with modern legislation designed to tackle the problem.

Article 1(1) of the 1926 Slavery Convention defines slavery as “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.” The 1956 Supplementary Convention on the Abolition of Slavery elaborates on this definition of slavery to include forms of slavery including debt bondage, serfdom, where women are enslaved through marriage in various forms, or children delivered for reward or exploitation. The Guidance issued under Section 54(9) of the UK’s 2015 Modern Slavery Act, defines slavery as ”the status or condition of a person over whom all or any of the powers attaching to the right of ownership are exercised.”

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Forced labour is the most common form of modern slavery. Although it is not the same as poor working conditions or low pay. Article 2(1) of the ILO Forced Labour Convention, 1930 (No. 29) defines forced or compulsory labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.” Article 1(3) The ILO Protocol of 2014 to the Forced Labour Convention, 1930 reaffirms this definition and lists measures to be taken regarding prevention, protection and remedy to eliminate all forms of forced labour.

A number of efforts have been adopted to eradicate forced labour and modern slavery. Legislative efforts include the UK Modern Slavery Act 2015, which created offences relating to slavery, servitude, forced or compulsory labour and human trafficking. The Act also established an Independent Anti-slavery Commissioner, provided enhanced protections for victims, and established provision to ensure transparency in supply chains. The Act further requires that businesses over a certain size (regulation has set this as businesses having a total turnover of over £36 million) must prepare a slavery and human trafficking statement for each financial year of the organisation. The Business and Human Rights Resource Centre has compiled publically available statements in a Modern Slavery Registry. The Australian Foreign Affairs and Aid Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade of the Parliament of Australia commenced an inquiry in 2017 into whether Australia should adopt national legislation to combat modern slavery similar to the UK approach.

The first case under the UK Modern Slavery Act 2015 was brought before the High Court of England and Wales, whereby the Court held that the defendant business had failed to pay the national minimum wage, made unlawful deductions from wages, failed to provide adequate facilities to wash, rest, eat and drink, and owed the victims compensation. The first individual convicted in the UK for a human trafficking offence was sentenced to 27 months in jail.

Further measures include the Brazilian “Dirty List” (MTE Decree No. 540/2004) where the Brazilian government runs a register publically listing employers who have been found to be exploiting workers in slave labour by the Special Mobile Inspection Group, run by the Ministry of Labour and Employment. After two years their names can be removed from the list, provided that they have paid any fines imposed, awarded any compensation to workers, and not committed further offences. Although there are no financial penalties attached to those in the list, the decree recommends that financial bodies under the Minster of National Integration do no grant those on the list “financial or any other form of assistance with resources”. As a result, in addition to appearing in the list a business “can be can also be penalised with both criminal and commercial sanctions including:

Freezing its assets
Denial of government subsidies
Ineligibility to tender for government projects
Inability to access credit through public and private financial institutions.”

In the US, aside from the well-established Federal Criminal Code, Executive Order 13627 “Strengthening Protections Against Trafficking in Persons in Federal Contracts” has been in force since 2012. The Executive Order has enhanced the responsibilities and duties of federal contractors and subcontractors to prevent human trafficking. At the internal state-level, one of the most well-known pieces of regulation is the California Transparency in Supply Chains Act 2010, which requires all retailers and manufacturers conducting business in the state, and whose annual worldwide gross receipts exceed $100 million, to report on their implementation of anti-human trafficking compliance controls. A good overview of various efforts is provided in the reports by Mike Dottridge and Zbigniew Lasocik.

Some businesses may have limited visibility on what is occurring in their own complex multi-tier supply chains as suppliers may not be entirely transparent about working conditions, they may sub-contract in breach of contract terms, or they may use unauthorized third-party recruiters. To assist businesses tackle those challenges, the Walk Free Foundation has developed Tackling Modern Slavery in Supply Chains: A Guide, which outlines step-by-step what businesses can and must do to eliminate slavery from their business. The guide provides practical guidance and tools that businesses, governments, non-governmental organisations and civil society actors can start implementing immediately, and details measures including risk assessments and supply chain mapping. Noteworthy initiatives have also been undertaken by the Fair Labor Association, KnowTheChain, and Stronger2gether, among others.

Forced labour and modern slavery relates to the following Sustainable Development Goals

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References

US President Obama, Executive Order 13627: Strengthening Protections Against Trafficking in Persons in Federal Contracts
Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups
The California Transparency in Supply Chains Act of 2010 (SB657)
The Modern Slavery Act 2015
Walk Free Foundation, REPORT: HARNESSING THE POWER OF BUSINESS TO END MODERN SLAVERY, 2016
Walk Free Foundation, THE GLOBAL SLAVERY INDEX 2016
Walk Free Foundation: Tackling Modern Slavery in Supply Chains. Business Guide 1.0.
KnowTheChain
Ethical Trading Initiative, Base Code
ILO Combating Forced Labour Handbook
Fair Labor Association:
“Principles of Fair Labor and Responsible Sourcing”
“Workplace Code of Conduct and Compliance Benchmarks”
Global Reporting Initiative, “G4 Sustainability Reporting Guidelines”
United Nations Office on Drugs and Crimes
ILO: “Hard to See, Harder to Count: Survey Guidelines to Estimate Forced Labor of Adults and Children”:
US, List of Products Produced by Forced or Indentured Child Labor
Verité:
“Fair Hiring Toolkit, For Suppliers: Managing Labor Recruiters and Monitoring for Ethical Recruitment and Hiring – Tool 2: Monitoring the Performance of Labor Recruiters – Introduction and Key Issues of Concern”
“Research On Indicators Of Forced Labor: Successes, Challenges and Reflections on Future Engagement”:
Forced Labor Commodity Atlas
King & Wood Mallesons: Supply chain transparency – is your business ready?, 12 January 2016
M. Dottridge: Compilation report on emerging good practices by state authorities, the business community and civil society on preventing human trafficking in the business practices and supply chains, Council of Europe, 2016
Z. Lasocik: Study on demand reduction measures to combat trafficking in human beings for the purpose of labor exploitation through the engagement of the private sector, Council of Europe, 2016
P. T. Maranhão Costa Fighting Forced Labour. The Example of Brazil, ILO, Geneva, 2009
TaylorWessing: First UK company to be liable for modern slavery, 30 June 2016

What National Action Plans say on Forced labour & modern slavery

Belgium

Action point 19, Promouvoir les bonnes pratiques des PME qui adoptent une gestion de la chaine d’approvisionnement responsable, notamment grâce à l’outil « CSR Compass » [Promote best practice of SMEs that adopt responsible supply chain management, especially through the « CSR Compass » tool], briefly presents forced labour as one among several issues that the CSR Compass covers.

In the context of Action point 24, Accorder une attention particulière à la question des droits de l’enfant dans la sensibilisation des entreprises [Pay special attention to the issue of children’s rights in awareness raising of enterprises], the NAP comments that UN treaties, including those on slavery, also play an important role. One of the actions planned is therefore the ratification of the Protocol of 2014 to the ILO Convention on Forced Labor.

Chile

Colombia

Czech Republic

National Action Plan – production and objectives [page 6-7]

“The concept of business and human rights, on the other hand, is rooted in the fact that certain unwelcome developments should not happen in the course of business activities per se. Respect for human rights is not inherently voluntary – modern-day slavery, child labour, and environmental over-exploitation cannot be dependent on corporate goodwill. However, this Action Plan’s commitments to mitigate and suppress the risk of such occurrences in the absence of the state regulation that would prevent them directly are voluntary. They also make it easier for businesses to keep clear of such situations in their supply chains and among their business partners.”

Most serious infringements of working conditions [page 16-18]

“In 2009, there was a case where at least 22 construction workers were found to have been enslaved for up to 2 years (Judgment of the Supreme Court 4 Tdo 366/2013 of 14 May 2013).”

“Tasks: …

Raise law enforcement agencies’ awareness of issues specific to human trafficking, with a stress on victim protection and the non-punishment principle (i.e. the impunity and protection of those who have been forced into criminal activity). Take this principle into account in the preparation of legislation that may touch on human trafficking and modern-day slavery.
Coordinators: Ministry of the Interior, Ministry of Justice
Deadline: Running”

Supply chains and conflict minerals [page 20]

“Increasing attention is being paid to safety conditions at work (e.g. the use of slave and child labour in mining). Risks of this type are particularly serious in areas plagued by armed conflict, which can be attributed to the absence of state authority here. Raw materials imported from geopolitically unstable regions and flashpoints may be used as a source of funding to reconstruct the country and improve the conditions in which its inhabitants live. On the other hand, various groups may exploit slave or child labour in mining operations or in factories, and the proceeds from sales could then be used to pay for weapons and soldiers.”

Pillar II, Scope and content of the obligation to respect human rights [page 30-31]

“- Do not be associated with violations of human rights: This applies to other parties’ activities about which a business knows, on which it has a bearing, and/or which are closely related to its own business, and may encompass: …

The use of suppliers or subcontractors who exploit child labour or otherwise violate human rights in their activities.”

“What human rights? States bear liability for the full range of human rights. Businesses are required to respect those rights that could be affected by their operations, and must do so to the extent of a definite minimum, generally acknowledged fundamental standard deriving from:

the Universal Declaration of Human Rights;
the International Covenant on Civil and Political Rights;
the International Covenant on Economic, Social, and Cultural Rights; and
the International Labour Organisation’s core conventions. [the footnote states that “There are eight such “core conventions”, dealing with forced labour (the 1930 and 1957 conventions), freedom of association, the right to collective bargaining, equal remuneration, discrimination, minimum worker ages, and the eradication of child labour.”]

These rights are fleshed out in a series of other specific instruments, such as the OECD Guidelines for Multinational Enterprises.

In practice, this concerns matters such as the ban on forced labour, child labour, and life- or health-threatening working conditions”.

Denmark

2.0 The state duty to protect human rights

2.3 Actions taken [page 13]

Protection of human rights in the business sphere in Danish legislation

“Denmark’s Criminal Code protects the right to life and human rights against torture, slavery, while proscribing a range of activities connected with human trafficking, for example.”

2.4 Planned actions [page 16]

Increasing the use of labour and social clauses in public contracts

“Part of the foundation of the Danish labour market model is that work performed in Denmark must be performed on Danish pay and working conditions. In this, the authorities hold an important role in ensuring that underpaid foreign labour does not occur in public projects.”

Appendix 1, GP 3b

Status in Denmark (initiatives implemented before the UN ratification of the Guiding Principles) [page 26]

“Large parts of Danish national law support compliance with the UNGPs such as legislation on labour issues, the environment, child labour etc. This type of protective legislative framework of Denmark enables business respect for human rights.”

Finland

The Finnish NAP makes reference to the prohibition on slavery generally [Introduction, page 11] and references forced labour only in terms of provisions in public procurement.

2 The state and companies

2.1 The state as an economic operator [page 20]

SOCIALLY RESPONSIBLE PUBLIC PROCUREMENT

“In connection with the consultations organised by the working group, the idea of a statutory obligation to take social aspects into consideration in public procurement was presented. For instance, there is a federal obligation in the United States to include terms on the prohibition of the worst forms of forced labour and child labour in public procurement. In Finland, procurement legislation is procedural in nature, and it makes no statement on what is procured or on what terms.”

France

Part I, section 11 on the inter-ministerial action plan on “exemplary administration” and the national action plan on public procurement (p26-27): The NAP also describes France’s policy on public procurement including the new legal framework for public procurement giving concrete means to act against social and environmental abuse such as article 45 of Order n° 2015- 899 which excludes from public contracts any economic operator who has been convicted of fraud, corruption, trafficking and exploitation of human beings (paragraph 1, p55).

Part I, section 13 on the role of public agencies, the development agency AFD (p30):

The AFD has established a list of exclusions which prohibits the funding of projects implying forced labour, child labour, grave environmental damage, (…) (paragraph 3, p30).

Part II, section 3 on risk analysis and impact assessments (p43-46), in the list of existing tools providing practical solutions to specific issues, the NAP cites the ILO’s help desk which provides tools and resources among other regarding forced labor (paragraph 2, p45).

Part III, section 1.4 on national level procedures (p54-58), the NAP recalls French courts’ jurisdiction on criminal matters which include forced labor as part of the criminal offenses covered (paragraph 1, p55).

Part III, sub-title 1 on judicial mechanisms, the NAP cites France’s ratification of Protocol to ILO Convention 29 on forced labour on June 7th 2016 (p52), as an example of “France’s compromise to fight against all forms of forced labour and promote universal ratification of the ILO’s core conventions” (paragraph 4, p52).

Actions

Part I, Proposed Actions n°1, Actions to be implemented (p16-17):

“Work towards strengthening cooperation between the WTO and the ILO in order to allow for a better integration of international social standards for responsible processes and methods of production (which for instance aim at combating child labor and forced labor) with a view to promote a level playing field while taking into account existing frameworks and regulations.”

Germany

1.1 Basic rules of economic policy

The current situation [page 16]

“People in vulnerable situations pose a particular challenge in Germany as elsewhere. These include migrants and, in general, employees in precarious work. These groups of people are exposed to a high risk of labour exploitation. The introduction of a general statutory minimum wage in Germany has established an effective instrument against excessively low wages. Since 1 January 2015, a minimum hourly wage of €8.50 has been payable, and its rate is to be adjusted every two years by an independent commission. The minimum wage has increased the earnings of four million people, whose income has risen by an average of 18%.

People who are affected by or at risk of labour exploitation need information about their rights and assistance in enforcing them. In recent years, advice and contact centres have been created in various parts of Germany, some with national and some with regional funding. With support from the Federal Government and the European Social Fund (ESF), for example, the German Trade Union Confederation (DGB), through a project called “Faire Mobilität” (fair mobility), provides such advice to employees, especially those from the EU Member States in Central and Eastern Europe. There is no permanent nationwide advisory structure yet for employees from all geographical origins and occupational sectors. In the fight against human trafficking and exploitative employment, Germany is also bound by EU Directive 2011/36/EU and has ratified both the Council of Europe Convention of 2005 on Action against Trafficking in Human Beings and the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. To coordinate the diverse activities designed to combat human trafficking, the Federal Government established the Federal Working Group on Trafficking in Human Beings in 1997, whose members include representatives of non-governmental organisations. …

The Federal Government is currently preparing for the incorporation of numerous international legal instruments into German law. These include the Protocol to the ILO Forced Labour Convention (No 29).”

1.2 Public procurement

The current situation [page 21]

“Germany has fully transformed into domestic law its obligations to protect human rights under international agreements. This applies, for example, to the prohibitions of child labour and forced labour that are imposed by the ILO core conventions. If enterprises break the law in Germany in either of these respects, they can be disqualified from receiving public contracts.”

Ireland

Section 2: Current legislative and Regulatory Framework

Anti-trafficking [page 14]

“Combatting human trafficking is an important and fundamental part of the business and human rights agenda. The Government is committed to ensuring that people are not exploited or forced to work against their will either in Ireland or by Irish companies operating overseas. In October 2016, the Government launched the second National Action Plan to Prevent and Combat Human Trafficking. The plan contains 65 actions designed to crackdown on individuals and gangs involved in the crime, to support victims, to raise public awareness, and to enhance training for those likely to encounter victims.”

Lithuania

Netherlands

The Dutch NAP references international forced labour protection and includes one action on the topic.

3.1 An active role for the government

Level playing field [page 15]

“The Netherlands is also committed to universal ratification of the ILO’s fundamental labour standards: the ban on child labour and forced labour, equality of opportunity and treatment, and freedom of association.”

3.2 Policy coherence

Trade and investment agreements [page 20]

“The government is committed to including clear provisions on the relationship between trade, investment and sustainability in trade and investment agreements. Within the EU, the Netherlands urges the inclusion in these agreements of a section on trade and sustainable development, with monitoring and enforcement mechanisms. The aim is for parties to reaffirm their commitment to fulfilling their ILO obligations to eliminate child labour and forced labour and to working together to this end.”

Norway

The Norwegian NAP makes reference to forced labour in the section listing The ILO Core Conventions [page 31]: “The eight ILO core conventions provide a globally recognised framework for what constitutes a decent working life. The conventions are of key importance for the UN Guiding Principles on Business and Human Rights, the UN Global Compact and the OECD Guidelines for Multinational Enterprises. They include the following areas: (…) The elimination of forced or compulsory labour (Convention No. 29 on Forced Labour, and Convention No. 105 on the Abolition of Forced Labour).”

Poland

The Polish NAP makes a reference to slavery in section Protection Under Criminal Law. The provisions of the Penal Code

“it is worth mentioning the amendment to the Penal Code that introduced a definition of slavery (Article 115 § 23 PC) and a definition of trafficking in human beings (Article 115 § 22 PC) modelled on the standards set by the Palermo Protocol and the Council of Europe Convention on Action against Trafficking in Human Beings. Penalisation was provided not only for the act itself, but also for the preparatory stage for its execution (Article 189a PC). In connection with Council Decision (EU) 2015/2071 and Poland’s ratification of the Protocol of 2014 to Convention No 29 on Forced Labour of 1930, it is advisable to continue the work on verifying whether the provisions related to forced labour under Article 115 § 22 PC are sufficient to penalise the phenomenon of trafficking in human beings for forced labour.”

The NAP also refers to international standards concerning slavery while listing conventions in the section Conventions for the Protection of Human Rights and Fundamental Freedoms [page 58]; “Poland has also ratified the Convention for the Protection of Human Rights and Fundamental Freedoms (Journal of Laws of 1993, No 61, Item 284, as amended). Article 34 of the Convention provides for the right to file an individual complaint, which makes it possible to initiate proceedings against the defendant state before the Court in order to protect the rights and freedoms of the Convention: (…) Article 4: Prohibition of slavery and forced labour (…).”

The Polish NAP devotes a whole section to this issue – Prohibition of Forced or Compulsory Labour [page 9]:

“Referring to the prohibition of this type of work, it should be noted that, although the Labour Code does not contain a definition of forced labour, according to Article 65(1) of the Constitution of the Republic of Poland, everyone has the freedom to choose and to pursue their own occupation and to choose their place of work (with exceptions specified by law). On the other hand, one of the basic principles of labour law is the right to choose work freely, resulting from the provision of Article 10 LC, which also guarantees minimum remuneration and the assistance of the public authorities in taking up employment, as part of state policies to combat unemployment. This provision does not, however, provide the grounds to demand employment. In addition to the right to choose work freely, as specified in Article 10 § 1 LC, there is the principle of discretion when establishing an employment relationship, set out in Article 11 LC.”

In Section 5. Corporate Social Responsibility in Companies with State Treasury Shareholding [page 32], the NAP states that “as Poland ratified the Protocol of 2014 to Forced Labour Convention No 29 of 1930, it is necessary to initiate measures that will require employers in the public and private sectors to provide information under their reporting procedures on implemented procedures, processes, and standards for counteracting forced labour.”

Additionally, In the Section 10 listing Planned and Ongoing Activities [page 37], the NAP notes the government’s intention of “working to establish cooperation between state institutions and business-sector entities to counteract and reduce the phenomenon of forced labour, as one of the forms of trafficking in human being.”

The NAP also refers to forced labour in the chapter on Access to Remedy. In the section Protection Under Criminal Law, the NAP states [page 42]: “In connection with Council Decision (EU) 2015/2071 and Poland’s ratification of the Protocol of 2014 to Convention No 29 on Forced Labour of 1930, it is advisable to continue the work on verifying whether the provisions related to forced labour under Article 115 § 22 PC are sufficient to penalise the phenomenon of trafficking in human beings for forced labour”

The Polish NAP also refers to forced labour in the section Tasks of the National Labour Inspectorate in the Field of Combating Human Trafficking, and, in particular, Forced Labour, the NAP states [page 47]:

“National Labour Inspectorate services play an extremely important role in combating trafficking in human beings, including forced labour. The National Labour Inspectorate is included in a group of institutions and organisations carrying out tasks to counteract this phenomenon, as part of their competencies. At the central level, a representative of the Chief Labour Inspectorate participates in meetings of the interdepartmental Team for Combating and Preventing Trafficking in Human Beings and in proceedings of the Teams’ Working Group. The National Labour Inspectorate carries out tasks under the National Plan and reports annually on their implementation to the Ministry of Interior and Administration. In addition, selected labour inspectors from district labour inspectorates participate in the work of Voivodship Teams for Preventing Trafficking in Human Beings.

Within the framework of the supervisory and inspection tasks performed, in particular when inspecting the legality of employment and the assignation and performance of work by foreign nationals, labour inspectors check where there are indications of forced labour at an inspected establishment, which is characterised by taking control over an employee and resulting in a violation of human rights. In order to evaluate and identify potential victims of trafficking, indicators are used, i.e., the circumstances of taking up and performing work, which may indicate that the employee is a victim of this type of crime (developed by both the ILO and the Ministry of Interior and Administration). The signing of an agreement between the Border Guard Chief Commander and the Chief Labour Inspector in 2008 and then in 2015 served as an instrument to strengthen the capacity of labour inspectors to respond to the illegal employment of foreign nationals and to the phenomenon of trafficking in human beings. The agreement serves as the basis for cooperation in undertaking joint inspections by Border Guard officers and labour inspectors, and to exchange information on infringements of the law concerning foreign nationals, including cases of their illegal employment. Effectively combating crimes of trafficking in human beings for forced labour is also possible thanks to mechanisms for cooperation and the exchange of information between National Labour Inspectorate units and prosecutors’ offices, at both the central and local levels, also on the basis on an agreement concluded in 2014. Training courses are conducted at the National Labour Inspectorate Training Centre in Wroclaw to help improve the qualifications of the inspectorial staff involved in the activities related to the issues in question.

The procedure for handling complaints by PIP authorities is an important tool in the prevention of trafficking in human beings for forced labour and violations of labour rights against foreign nationals. Complaints that suggest the need for immediate action are examined first. Respecting the dignity and other personal interests of employees is a fundamental duty of employers. This also includes the prohibition of unequal treatment and discrimination at work. The activities of the National Labour Inspectorate to prevent and combat unequal treatment and discrimination in labour relations include the implementation of activities in the sphere of oversight and inspection, as well as in prevention and information. (…)”

In the section devoted to Education, the NAP states [page 54]: “It is appropriate to take preventive measures against forced labour, including education and information initiatives for employers, and to support both the public and private sectors in preventing and responding to the threat of forced labour.”

Spain

Sweden

Switzerland

The Swiss NAP makes reference to eight ILO core conventions, including on forced labour in a footnote. The NAP further notes in relation to the Initiative on respect for labour and human rights in value chains that:

“The federal government promotes the implementation of the fundamental conventions of the International Labour Organization (ILO) as part of economic development cooperation, and in cooperation with the ILO itself. In this context, it designed a project with the ILO to ensure that labour rights are implemented by business enterprises in developing countries. It supports the ILO and International Finance Corporation (IFC) Better Work programme for the clothing industry as well as the ILO’s SCORE (Sustaining Competitive and Responsible Enterprises) programme, which focuses on working conditions at SMEs. Among its economic cooperation programmes, the federal government also supports projects to protect children. These projects are run jointly with the ILO, governments, the private sector and unions, and are focused on compliance with fundamental labour standards, including measures to combat child and forced labour. The federal government also pursues a wide variety of activities to support the human rights aspects of sustainable value chains. The federal government will continue these activities, as set out in its Dispatch on International Cooperation 2017-2020.”

United Kingdom

The UK 2013 NAP makes no direct reference to slavery or forced labour.

The UK 2016 Updated NAP recognises in the Introduction that the Global Goals for Sustainable Development contains commitments to “take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking (SDG 8.7)“ The Introduction further notes that:

“The G7 Leaders’ Declaration (7-8 June 2015) contained the following commitments:

“To enhance supply chain transparency and accountability, we encourage enterprises active or headquartered in our countries to implement due diligence procedures regarding their supply chains …”

The UK fully supports these commitments which the Government is addressing through our work to implement the UNGPs and through the Modern Slavery Act and Modern Slavery Strategy.”

In the action-oriented section Actions Taken, the NAP states [page 8]:

“To give effect to the UN Guiding Principles, the Government has: Introduced the Modern Slavery Act which consolidates and simplifies existing legislation, toughened penalties to allow a maximum sentence of life imprisonment, and provides safeguards for victims. Companies covered by the Act are required to produce a “slavery and human trafficking” statement for each financial year setting out what steps they have taken to ensure that slavery and human trafficking is not taking place in its business and supply chains. The Act, which entered into force on 31 July 2015, also created an Independent Anti- Slavery Commissioner. …”

The UK 2016 Updated NAP provides a Case Study [page 11]:

“MODERN SLAVERY ACT

It is estimated that there are between 10,000-13,000 potential victims of modern slavery in the UK alone. Globally, the ILO estimates the total illegal profit made from the use of forced labour amounts to more than $150 billion a year. The UK Government is committed to tackling this heinous crime and as a response the Modern Slavery Act came into force on 31July 2015. It makes the penalties for those who perpetrate Modern Slavery simpler and tougher and provides help for victims, including through a statutory defence for victims of modern slavery who are forced to commit some offences as a direct consequence of their slavery. It also created an Independent Anti-Slavery Commissioner whose work is expected to lead to an increase in investigations and convictions. His work will also look at the countries of origin for victims of slavery and recommend measures to address the problem at source. The Act is supported by a Modern Slavery Strategy, published in November 2014 and guidance for companies on eliminating slavery through increased transparency in supply chains, published in October 2015.”

The Updated NAP also refers to forced labour in the section Actions Taken to Support Business Implementation of the UNGPs [page 15]: “To help businesses to fulfil their responsibility to respect human rights the Government has (…) provided guidance to companies on transparency in supply chains and implementing the reporting requirement in the Modern Slavery Act 2015. https://www.gov.uk/government/publications/transparency-in- supply-chains-a-practical-guide”

The UK 2016 Updated NAP further notes that:

“The UK has a range of judicial mechanisms that help to support access to remedy for human rights abuses by business enterprises both at home and overseas. This includes: …

Specific criminal law provisions, including under the Bribery Act 2010, Modern Slavery Act 2015, Serous Crime Act 2007, Corporate Manslaughter and Corporate Homicide Act 2007 and Gangmasters (Licensing) Act 2004”

United States

Outcome 1.2: Utilize U.S. Law, Multilateral Agreements, and Diplomacy to Promote and Enforce High Standard

New Actions [page 9]

“Enhanced Enforcement of U.S. Laws Relating to Forced Labor or Convict Labor: As a result of the February 2016 enactment by the President of the Trade Facilitation and Trade Enforcement Act of 2015, the U.S. government has removed an exception (the “consumptive demand” clause) in 19 U.S.C. § 1307 that allowed for the importation of certain forced labor-produced goods if they were not produced “in such quantities in the United States as to meet the consumptive demands of the United States.” This exception existed since 1930, and its removal facilitates the Department of Homeland Security’s (DHS) ability and ongoing commitment to prevent and investigate the importation of goods manufactured with forced labor.” – Implementing Department or Agency: DHS

Outcome 1.3: Leverage U.S. Government Purchasing Power to Promote High Standards

New Actions [page 10]

“Research and Tools on Preventing Trafficking in Global Supply Chains: The State Department funded research on “Strengthening Protections Against Trafficking in Persons in Federal and Corporate Supply Chains” to develop a set of online tools and resources to help federal contractors and corporations analyze, prevent, and address human trafficking risks in their global supply chains. In 2016, State and nongovernmental organizations launched ResponsibleSourcingTool.org. This online platform focuses on the sectors and commodities at greatest risk for trafficking and provides guidance on developing effective management systems. State anticipates funding the development of additional sector-specific tools and the maintenance of the site over the next five years. In addition, DOL is funding research on forced labor in specific industries’ global supply chains and an ILO-led Global Business Network on Forced Labor.” – Implementing Department or Agency: State, DOL

Ongoing Commitments and Initiatives [page 11]

““Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor,” (E.O. 13126), signed on June 12, 1999 and in effect since 2001, is intended to ensure that U.S. federal agencies do not procure goods made by forced or indentured child labor. The U.S. government will seek to review the status and effectiveness of implementation of these requirements and take steps to improve implementation, as feasible and appropriate.” – Implementing Department or Agency: State, DOL

Outcome 2.1: Enhance the Value of Multi-Stakeholder Initiatives on RBC

Ongoing Commitment [page 15-16]

“DOL Technical Cooperation: DOL funds a range of projects involving collaboration with private sector actors on RBC issues, including:

A $12 million project, From Protocol to Practice: Building a Bridge to Global Action on Forced Labor, supports global and national efforts pursuant to the 2014 ILO Protocol and Recommendation on Forced Labor. Among other things, this project will organize a global supply-chain forum focused on the role of business in addressing forced labor.
A $6 million DOL project in Brazil and Peru, launched in March 2014, partners with national governments, businesses, and civil society organizations to combat forced labor and promote the exchange of good practices between the two countries. In Brazil, the project partners with the state of Mato Grosso’s Integrated Action Program to provide livelihood opportunities to households vulnerable to forced labor. In Peru, the project has conducted research on forced labor in gold mining and logging and trained more than 1,000 government officials on the issue of forced labor.” – Implementing Department or Agency: DOL

“Sustainable Development Goals: The 2030 Agenda for the Sustainable Development and its 17 Sustainable Development Goals (SDGs or Global Goals) establish an ambitious framework to make progress on many of the fundamental social, economic, and environmental challenges facing the world over the next 15 years. The U.S. government encourages uptake and implementation of the SDGs and intends to facilitate dialogue among key actors to discuss best practices, public-private partnership opportunities, lessons learned, and action necessary to ensure the SDGs’ success. As part of this initiative, DOL has been actively engaged in the ILO-led Alliance 8.7, a coalition of business and other stakeholders committed to increasing action to achieve SDG Target 8.7 on the elimination of the worst forms of child labor, forced labor, and human trafficking” – Implementing Department or Agency: State, Treasury, USAID, DOL

Outcome 3.1: U.S. Government Reports

Ongoing Commitments and Initiatives [page 18]

“DOL Child Labor and Forced Labor Reports: DOL publishes and updates three reports on international child labor and forced labor (the Findings on the Worst Forms of Child Labor, the List of Goods Produced by Child Labor or Forced Labor, and the List of Products Produced by Forced or Indentured Child Labor) that serve as valuable resources for government action, civil society advocacy, and private sector due diligence on these issues. Since 2015, DOL releases these three reports through a new mobile application, Sweat & Toil: Child Labor, Forced Labor, and Human Trafficking Around the World, which streamlines this wealth of information and makes it available on mobile devices. DOL regularly engages with companies and industry groups on how they can use these tools to strengthen their social compliance programs.” – Implementing Department or Agency: DOL

“Reducing Child Labor and Forced Labor: A Toolkit for Responsible Businesses: This DOL online resource, launched in December 2012, will continue to provide step-by-step guidance to businesses that seek to develop and improve social compliance systems to address child labor and forced labor in supply chains. The Toolkit is available to the public in English, Spanish, French, and Portuguese and will be regularly updated based on feedback from users.” – Implementing Department or Agency: DOL

Outcome 3.3: Capacity Building and Technical Support to Promote Enabling Environments

Ongoing Commitments and Initiatives [page 20-21]

“Eliminating Child and Forced Labor in Agricultural Supply Chains: In 2011, USDA, DOL, and State released the Guidelines for Eliminating Child and Forced Labor in Agricultural Supply Chains, developed as part of a multi-stakeholder process that included high-level officials of these agencies, representatives of business, civil society, and academics. The Guidelines’ specific elements should be integrated into any agricultural company program to reduce child or forced labor, and include adhering to ILO standards on child labor and forced labor; mapping supply chains and conducting risk assessments; providing communication and monitoring mechanisms; and developing plans and programs for remediating violations. DOL is now funding a four-year pilot project in Turkey to test implementation of the above Guidelines by a leading company.” – Implementing Department or Agency: USDA, DOL, State