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Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 60
- Paragraph text
- Speaking to the criticism that voluntary initiatives have received on their lack of impact in terms of transforming current business models, representatives of multi-stakeholder initiatives shared promising examples of efforts carried out by some initiatives in sector transformation that illustrate the positive impact that voluntary standards can have in enhancing higher standards in national-level policies and legislation. As voluntary standards alone are not sufficient to achieve sector transformation into a new sustainable business model, innovative approaches seek to combine the efforts of the public sector and those of voluntary initiatives. Collaboration across stakeholder groups, from businesses to civil society and regulators, was acknowledged as a precondition for such transformation, as were partnerships with governments, international organizations and the broader United Nations system.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 62a
- Paragraph text
- [Given the potential that multi-stakeholder initiatives and industry coalitions may have to cascade corporate policies on eliminating trafficking in persons across sectors, and the role the Special Rapporteur can play in providing a powerful and neutral platform, the mandate holder will continue to explore further engagement with such initiatives, specifically to:] Reinforce voluntary standards on trafficking in persons and identify good practices in that area, by providing feedback and expert advice in standard revision processes and by co-developing capacity-building activities for the initiatives and their stakeholders;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 62b
- Paragraph text
- [Given the potential that multi-stakeholder initiatives and industry coalitions may have to cascade corporate policies on eliminating trafficking in persons across sectors, and the role the Special Rapporteur can play in providing a powerful and neutral platform, the mandate holder will continue to explore further engagement with such initiatives, specifically to:] Enhance workers’ voices within the standard-setting process, and in monitoring mechanisms, through the identification of good practices in workers’ participation in monitoring schemes and the development of capacity-building programmes;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 51
- Paragraph text
- The two consultations revealed that multi-stakeholder initiatives, industry coalitions and the auditing community were greatly interested in collaborating with the Special Rapporteur, recognizing the instrumental role that the Special Rapporteur can play in creating a space for open and ongoing dialogue and exchanges on lessons learned and good practices. As no other platform having the same level of credibility and independence as that of the Special Rapporteur exists, representatives of multi-stakeholder initiatives and auditing companies welcomed and encouraged the continuation of the initiatives led by the mandate holder with a view to identifying good practices that can be replicated in other contexts and exploring innovative responses to common challenges.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 75
- Paragraph text
- The assurance programme must require that, during auditing exercises or alternative monitoring mechanisms to assess indicators of labour exploitation, sufficient time be allocated for auditors to interview workers, that any necessary interpretation services be provided, that any arrangements necessary to address gender concerns be made, that interviews be held outside the workplace if possible, and that sufficient time be allocated for document review, management interviews, interviews of other relevant stakeholders, such as local trade unions and communities, and report writing.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 61j
- Paragraph text
- [Participants identified several other actions and interventions, listed below, which have also helped the Special Rapporteur define areas for further engagement and work under the mandate in strengthening the strategies implemented by multi-stakeholder initiatives and industry coalitions to detect and tackle trafficking in persons:] Dialogue with governments should be facilitated to incorporate good practices from voluntary standards into national legislation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 69
- Paragraph text
- Multi-stakeholder initiatives should develop and implement capacity-building activities to ensure that all stakeholders, including buyers, suppliers, labour recruiters, workers, civil society organizations and trade unions, especially at the local level, and their relevant partners understand the risks of trafficking in persons and labour exploitation in their activities and in those of their business partners, and should develop measures to be implemented to comply with the standards.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 73
- Paragraph text
- In establishing an assurance programme or certification system, multi-stakeholder initiatives should engage with workers and trade unions to ensure that their concerns and feedback are taken into consideration and that they are informed of the procedures through which they can provide input. Engagement should take place not only during the assessments, but also during pre-audit consultation, the assessment of assurance providers, the review of policies and procedures, and dispute resolution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66c
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] No fees or costs for recruitment are charged, directly or indirectly, in whole or in part, to the worker, including costs associated with the processing of official documents and work visas;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66i
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Wage payments are made at regular intervals directly to the worker and/or their bank account, and not delayed, deferred or withheld;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 99
- Paragraph text
- States should protect workers against human rights abuses perpetrated in the recruitment process by employers, labour recruiters and other enterprises. This requires that States take appropriate steps, through effective policies, legislation, regulations and adjudication, to prevent and investigate such abuses, to punish those responsible and to provide redress, and that they exercise and mandate due diligence to ensure that human rights are respected.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 97
- Paragraph text
- States should ratify all relevant international instruments prohibiting trafficking in persons, forced labour, slavery and slavery-like practices, including the Protocol of 2014 to the Forced Labour Convention, 1930, align their domestic legislation with international standards, criminalize all forms of trafficking in persons and impose adequate penalties for violations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 31
- Paragraph text
- Strategies to promote transparency in supply chains at the legislative level are enhanced by efforts to go beyond auditing in supply chain due diligence, to integrate workers’ voices and empowerment through new policy, communications and grievance mechanisms, and to increase company focus on remedy and the strengthening of corrective action. These trends and others formed the basis of the consultations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 37
- Paragraph text
- Corporate codes of conduct and the voluntary standards set by multi-stakeholder initiatives and industry coalitions typically include a reference to trafficking in persons or forced labour. The trafficking in persons, or forced labour, standard is normally based on international human rights instruments and labour standards. However, the reference is often limited to a mere prohibition of the use of forced labour or trafficking in persons and is not further developed into specific indicators to help identify risk practices and define what forced labour or trafficking in persons may look like in practice.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 45
- Paragraph text
- At the same time, representatives from the auditing community raised concerns about their limited role in addressing audit findings and the implementation of their recommendations. Moreover, many of the issues that constitute the root causes of common labour abuses identified at the supply chain level, such as those related to unethical recruitment practices and compulsory overtime, are strongly connected to the behaviour and business decisions of client companies. Some representatives of the auditing community also noted the difficulties faced in bringing such concerns to the attention of client companies, given the race-to-the-bottom practice encouraged by some in the audit industry who agree to perform audits under unrealistic conditions.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 98e
- Paragraph text
- [States should:] Enhance legislation on transparency, which should require companies to disclose actual measures adopted to tackle trafficking in persons in their operations and supply chains. Such measures should address at the minimum certain areas of concern, such as recruitment practices, methodology used in monitoring compliance with the company policy, use of alternative sources of information to supplement audit information, the quality of the grievance mechanism, and coordination with relevant stakeholders, including trade unions and civil society representatives;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 77
- Paragraph text
- Multi-stakeholder initiatives should ensure that an evaluation of labour recruiters, when such recruiters are used by the supplier to recruit workers or as employment agents, is included in the assurance process and that the above-mentioned criteria and indicators that are under the control of those intermediaries, as recruitment or employment agents, are applied. The results of the evaluation of the labour recruiters’ compliance should be made an integral part of the evaluation of the company’s compliance and have an effect on the determination of certification status.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 29
- Paragraph text
- The first of the two consultations targeted participants in multi-stakeholder initiatives and industry coalitions; the second was aimed at representatives from companies that perform social audits and other types of supply chain assessments.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 41
- Paragraph text
- Voluntary standards and certification schemes are the object of criticism by some in the labour rights movement, particularly trade unions, which have claimed that such schemes and their use of audits as a verification method have failed to protect the rights of workers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 49
- Paragraph text
- The above issues, along with the absence of good practices related to remedy for aggrieved workers, were raised throughout the consultation with multi-stakeholder initiatives and industry coalitions as areas for further engagement across supply chain initiatives.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 58
- Paragraph text
- The second consultation also highlighted several data-sharing initiatives aimed at helping businesses to prioritize efforts, as well as the need to record data on labour recruiters. Partnerships and the role of advocacy in the social audit industry were also discussed, as was the need for an oversight mechanism, for example an accreditation system, to ensure quality and standards across the industry.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 65
- Paragraph text
- Against this backdrop, the Special Rapporteur wishes to make the recommendations listed below.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 22
- Paragraph text
- In 2012, an executive order aimed at strengthening protections against trafficking in persons in federal contracts was signed in the United States. The new amendments to the Federal Acquisition Regulation include further due diligence measures in respect of contractors and address key risk indicators, such as the use of unethical recruitment practices, in particular by prohibiting contractors from charging recruitment fees to workers and from denying employees access to their personal documents.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 28
- Paragraph text
- In 2016, the mandate holder conducted a mapping of multi-stakeholder and industry-based initiatives active in different industries, including fishing, aluminium, electronics, coffee and tea. The mapping was a first step towards engagement with these initiatives through bilateral dialogue and two consultations. The objective was to identify and understand challenges, lessons learned and good practices in detecting and addressing trafficking in persons and labour exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 35
- Paragraph text
- Companies have also addressed sustainability concerns through industry-led initiatives. These are industry associations or coalitions that bring together companies around a voluntary code of conduct or standard and a compliance programme on sustainability issues, including human rights and labour standards. While the modus operandi is similar to that of multi-stakeholder initiatives, there may be differences in the organization of the governance structures, with businesses, including suppliers, playing a stronger role.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 43
- Paragraph text
- During the consultation, private sector stakeholders expressed concern about the difficulty of designing a system that could efficiently support the efforts of companies moving at different speeds in achieving sustainability targets. It is difficult for multi-stakeholder organizations to address the capacity-building needs of those starting to implement measures to achieve baseline targets, while responding to others who are seeking a platform to launch new tools to move beyond baseline targets towards higher levels of corporate due diligence.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 44
- Paragraph text
- Auditing, as a way to evaluate the compliance of companies with labour standards, has also been criticized for its lack of capacity to assess the performance of companies in the long term. An audit, even the most comprehensive, i.e., when it includes worker interviews and is supplemented with information from alternative sources, such as local actors, including representatives of civil society and local trade unions, is still a snapshot offering only a partial view of day-to-day working conditions.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 48
- Paragraph text
- With regard to sector transformation, industry, multi-stakeholder and certification initiatives hold internal discussions on how to move beyond the engagement of a single company or the “silo” of a single supply chain towards sector-wide or market transformation to ensure that sustainability standards, including respect for human rights, are the norm in business. However, the role of such initiatives in sector transformation and their impact on national legal frameworks to promote labour and human rights has been challenged.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66d
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Employers that engage private employment and/or recruitment agencies use only agencies that are licensed or certified by the competent public authority;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66q
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Workers, irrespective of their nationality and residence status, have the right to join trade unions and bargain collectively.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph