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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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 61f
- 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:] Companies that use audits to measure supply-chain compliance are encouraged to review assessment protocols to support improvements in audit quality and create conditions to enable auditors to better identify risks of trafficking;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 62d
- 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:] Analyse the impact that non-financial disclosure regulations have on company policies on trafficking in persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 95
- Paragraph text
- Companies should establish or participate in an operational-level grievance mechanism, in accordance with the Guiding Principles on Business and Human Rights, and cooperate with State-based judicial and non-judicial grievance mechanisms. In designing and establishing the mechanisms, companies should engage with workers, with worker representatives and with civil society organizations that have expertise in issues of trafficking in persons and labour exploitation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 89
- Paragraph text
- In selecting new suppliers, companies should develop an evaluation mechanism that takes into account a supplier’s compliance with the policy the company has adopted or to which it adheres, by establishing risk indicators such as those mentioned in the recommendations set out above for multi-stakeholder initiatives on strengthening criteria and indicators. Companies should widely communicate among potential bidders the conditions for selection.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 18
- Paragraph text
- Notable examples of this are the California Transparency in Supply Chains Act of 2010 in the United States, which came into effect in January 2012, and the Modern Slavery Act of 2015 in the United Kingdom of Great Britain and Northern Ireland. Under the California Transparency in Supply Chains Act, retail sellers and manufacturers with over $100 million in annual worldwide gross receipts who do business in the state, regardless of whether or not they are headquartered in California, are required to disclose their efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale. In accordance with the Act, companies concerned must report on their efforts in five different areas: verification, auditing, certification, internal accountability and training.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 46
- Paragraph text
- Furthermore, given the impact that the results of an audit evaluation may have on the business relationships with suppliers, the practices of presenting model factories prepared specifically for audits and model workers coached to respond to auditors have proliferated in the past few years. These practices aggravate yet another challenge of current audit-based monitoring systems, which is the concentration of company resources in monitoring the first tier of their supply chains. It is widely acknowledged that most of the human rights violations and the worst labour abuses occur beyond the first tier of suppliers. However, few companies have extended their due diligence efforts throughout the entire value chain or to include their labour supply chains.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 27
- Paragraph text
- In 2016, together with Verité, an international non-governmental organization, the Special Rapporteur, thanks to earmarked contributions received for this purpose, launched a new project building on the previous work carried out under the mandate on addressing the risks of trafficking in persons in global supply chains. The goal of the project is to reduce the vulnerability that workers face in supply chains and tackle the risks of trafficking in persons by strengthening multi-stakeholder and industry-based strategies, and to promote the catalysing effect of multi-stakeholder initiatives and industry coalitions to enhance efforts made by businesses to improve their policies and measures to address trafficking in persons and other types of labour violations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 50
- Paragraph text
- The Special Rapporteur deemed it essential to engage with multi-stakeholder initiatives, industry coalitions and representatives of the auditing industry in order to discuss how they address challenges and criticisms, and, through constructive dialogue, to identify areas on which further efforts should be focused. In particular, the consultations and subsequent follow-up activities provided opportunities to enhance learning about the risks of human trafficking in supply chains, consider the strengths and weaknesses of strategies to detect and remedy trafficking in persons, identify challenges and share good practices in auditing and assessments, explore current trends in the professionalization of the auditing industry, and explore synergies between participating organizations, the Special Rapporteur, governments and civil society.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 94
- Paragraph text
- In cooperation with other businesses and suppliers, and after an evaluation of risk indicators and a mapping of suppliers’ supply chains, companies should invest in the assessment and monitoring of second-tier suppliers. Also in cooperation with other businesses and suppliers, companies should establish a capacity-building programme to improve the compliance of second-tier suppliers with standards on trafficking and forced labour.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Movement
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66k
- 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 advances or loans provided to workers, including interest rates and repayment terms, are compliant with the law, explained to workers in their own language and agreed in advance by both parties;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 71
- Paragraph text
- Multi-stakeholder initiatives should coordinate with other standards systems owners to ensure that all standards on trafficking and labour exploitation are consistent with international human rights instruments and labour conventions, and avoid duplication of members’ efforts in demonstrating compliance with the standards by sharing and coordinating assessment processes and results.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66f
- 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:] Contract substitution and changes that diminish originally agreed wages, benefits or other conditions of work are prohibited;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66n
- 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:] Mandatory residence in employer-operated residences is not a condition of employment;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 82
- Paragraph text
- Non-conformity with human trafficking and forced labour standards should entail suspension of certification or any other envisioned sanction of a similar nature and level of severity. A stepwise plan should be established together with the companies to ensure that issues of non-conformity are corrected and workers are not negatively affected by the sanction applied.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 20
- Paragraph text
- Both Acts, while considered legislative breakthroughs in developing business accountability for non-financial obligations, are nonetheless not exempt from criticism. The Modern Slavery Act has been criticized for allowing United Kingdom-based companies to hide their supply chains as long as the goods they produce do not enter the United Kingdom, and the California Transparency in Supply Chains Act is considered insufficient, as it requires companies only to report their efforts with no regard for the quality of the effectiveness of the measures taken to eliminate trafficking in persons from their supply chains. In 2015, the Special Rapporteur on contemporary forms of slavery, including its causes and consequences presented a report to the Human Rights Council (A/HRC/30/35) in which those two domestic efforts were further analysed.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 21
- Paragraph text
- Feedback generated from consultations held with multi-stakeholder initiatives and private sector representatives indicated that while this type of legislation represents a good starting point for most companies and facilitates the mainstreaming of transparency efforts in smaller companies, more transparency is needed. In addition, private sector stakeholders consulted agreed on the need for stronger normative frameworks at the State level that would establish, based on international standards, clear expectations for businesses regarding their obligations to respect workers’ rights and to protect workers from labour abuses. Stronger normative frameworks would not only help businesses to ensure that their suppliers are bound to the same level of commitment regarding the elimination of trafficking in persons and respect for workers’ rights, but would also help to guarantee an even playing field for those who conduct their operations in accordance with those standards.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 67
- Paragraph text
- Multi-stakeholder initiatives should map all relevant stakeholders for each specific standard, taking trade unions into special account, and ensure they are actively involved in the determination of criteria and indicators in the standard-setting process and subsequent revisions. They should also ensure that gender considerations are embedded in the standard when specific vulnerabilities based on gender are identified within the industry or workplace affected by the standard. Multi-stakeholder initiatives should consider establishing a capacity-building programme adapted to each audience to equip stakeholders to participate in the standard-setting and standard-revision processes.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 55
- Paragraph text
- Other proposed strategies to strengthen audits, improve measures to detect and provide remedy in trafficking cases, and better implement complementary efforts alongside assessments included increasing community and stakeholder engagement, improving auditor training, strengthening initiatives to share data and information, and using new technologies to enhance information gathering, for example through information technology platforms, hotlines or other such mechanisms.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe