A/79/159 36. In addition to these human rights abuses committed by State actors, workers and workers’ organizations may face obstruction and interference by businesses and employers. For instance, many factory owners in Bangladesh reportedly stop workers from organizing and rely on external agents to threaten union members. 136 When workers at Amazon in the United States established the Amazon Labor Union, there were alleged instances of retaliation, threats, and racialized comments from the employer. 137 The Ministry of Labour of Colombia registered over 390 instances of alleged refusals to negotiate with trade union organizations among businesses, 138 and despite ongoing reforms of the kafala system, migrant workers in Gulf Cooperation Council countries continue to face the risk of termination or suspension of employment and subsequent deportation if they are involved in union activities. 139 Moreover, domestic legal frameworks lack provisions prohibiting anti -union discrimination or providing sufficiently dissuasive sanctions against such discrimination, as has been observed in Central African Republic, Eritrea, Gabon, Jersey and Sao Tome and Principe. 140 37. A related issue is the limited engagement between employers and workers’ organizations. According to a study published in 2023 by KnowTheChain, a resource for companies and investors to understand and address forced labour risks in their global supply chains, only 22 per cent of apparel and footwear companies reviewed engage with local or global trade unions to improve the freedom of association in their supply chains. 141 Social auditing, which is increasingly utilized by businesses and employers, is said to be inadequate in identifying and addressing labour rights violations as workers’ organizations are in many cases excluded. 142 In some cases, company-led grievance mechanisms are also wrongly used in a way that substitutes or undermines the legitimacy of trade unions in labour-related disputes. 143 It has been noted that a lack of adequate legislation or policy on human rights due diligence is one of the factors promoting non-engagement on the part of businesses and employers, 144 and there is an urgent need to rectify this globally. 38. It is important to highlight that these and other human rights violations and abuses suffered by workers and their organizations are not always addressed satisfactorily due to limited access to justice and remedies, thereby promoting the culture of impunity. In South Africa, for instance, concerns have been expressed over a lack of proper investigations into allegations of anti-union dismissals, arrests and killing of union members. 145 Similarly, in Brazil, despite reports of violence and discrimination against trade union leaders and striking workers, 146 the measures taken by the Government have been regarded as ineffective, 147 and in Iraq, workers who __________________ 136 137 138 139 140 141 142 143 144 145 146 147 16/21 https://survey.ituc-csi.org/Bangladesh.html?lang=en#tabs-3. Submission by Freedom Network USA. Submission by Colombia. Submissions by Maat for Peace, and Coalition on Labor Justice for Migrants in the Gulf. CEACR, Direct Request on Gabon (Right to Organise and Collective Bargaining Convention, 1949 (No. 98)) adopted 2023, published 112th ILC session (2024); and CEACR, Observation on Central African Republic, Eritrea, Jersey and Sao Tome and Principe (Conven tion No. 98) adopted 2023, published 112th ILC session (2024), available from Normlex Database. KnowTheChain, Apparel & Footwear Benchmark Findings Report (2023). Submissions by UGT-Brasil and Oxfam Brazil; and Business and Human Rights Resource Centre, “Social Audit Liability” (2021). Submission by Anti-Slavery International; and commentary on principle 29 of the Guiding Principles on Business and Human Rights (see A/HRC/17/31, annex). Ibid. CEACR, Observation on South Africa (Convention No. 87) adopted 2023, published 112th ILC session (2024) available from Normlex Database. E/C.12/BRA/CO/3 (CESCR 2023), para. 37; and submission by Central Única Dos Trabalhadores. CEACR, Observation on Brazil (Convention No. 98) adopted 2023, published 112th ILC session (2024) available from Normlex Database. 24-13043