Corporate accountability mechanisms are an effective tool – but more NGOs must get involved
We highlight civil society success in recent corporate accountability cases, the U.N. expresses deep concern over the UK’s Nationality and Borders Bill, and a new study outlines the benefits of play-based approaches in anti-trafficking prevention work with children.
There were a significant number of gains made last year using corporate accountability mechanisms in the effort to hold companies responsible for forced labour in their supply chains. While the consequences and impact of these actions are still unfolding and require ongoing examination, analysis and understanding, much suggests that they are an effective tool for use by NGOs and other activists. Pursued by civil society on behalf of the vulnerable, rather than solely by government agencies acting to protect their state interests, such pathways to justice can, with a parallel ground strategy, have a substantial impact on improving the treatment of workers.
Withhold Release Orders issued by U.S. Customs and Border Protection (CBP), and a limited number of orders from Canadian authorities, have led to import bans on several products from the Xinjiang region of China, as well as Malaysia (rubber glove manufacturing and palm oil) and Mexico (tomatoes), and from Chinese and Fijian-owned fishing vessels. Petitions to CBP can also put a spotlight on particular industries and companies, providing leverage for campaigning and stakeholder engagement such as that taking place against tire production in Malaysia, clothes made by Boohoo in Leicester, UK, and the operations of Irish-owned fishing boats.
The European Commission is currently considering a similar traceability and import ban mechanism, in order to scrutinize goods coming into the EU, and it is hoped that evidence and arguments for existing mechanisms will be applicable to this.
Securities exchanges – which have an obligation to protect investors against misleading and false statements – have also become involved in holding businesses to account. In November, British technology company Dyson terminated its contract with Malaysian supplier ATA due to concerns about its labour practices, triggering an investigation over fears that such cases were affecting foreign investor confidence, while a complaint to the same local stock exchange caused enough concern for a leading palm oil company to bring legal action against a human rights activist.
A number of legal cases highlight litigation as another potential route through which to push companies into abiding by human and labour rights laws: Corporate Accountability Lab sued The Hershey Company and certifier Rainforest Alliance for false advertising, claiming that Hershey’s supply chain relies on child labour and other exploitative practices; the European Center of Constitutional and Human Rights filed a complaint in Germany against brands such as Hugo Boss and Lidl for profiting from Uyghur forced labour in Xinjiang; France’s anti-terrorism prosecutor’s office opened an investigation into Uyghur forced labour and crimes against humanity in the supply chains of four textiles giants; Imperial Pacific International, a Chinese casino operator, was ordered to pay seven Chinese construction workers a total of US $5.9 million in damages for mistreatment suffered while building a resort in the Northern Mariana Islands; and while, in June, the U.S. Supreme Court overturned a ruling that had allowed six men to sue Nestlé USA and Cargill over claims they were trafficked as child slaves, another lawsuit has now been brought against them – and six other companies – by eight Malian citizens who claim they were trafficked as children to work on Ivory Coast cocoa plantations.
Some legal protections have also been created, such as California’s Garment Worker Protection Act, which gives protection to the state’s garment workers and penalizes manufacturers and brands for wage theft and illegal pay practices.
However, despite their effectiveness, these mechanisms are not being used to their full extent because too few NGOs are involved. The same names recur, which is admirable but also a sign of a systemic weakness in the civil society community. Much more could be achieved if a greater number of NGOs followed this route to protection and prevention. Furthermore, in order to remain effective, the implementation of these mechanisms requires ongoing scrutiny, reform and improvement – the teams behind them need to be expanded, better resourced and more stable, and this will only happen if more organizations make use of them.
Currently, work needs to be done to dramatically increase the capacity and willingness of NGOs and personnel to explore this pathway to progress. Training and education in the legal and technical aspects of corporate governance, investment in relevant resources, and partnerships between NGOs and groups that specialize in corporate accountability, for instance, would be a start. As is the case with much in the anti-labour abuse sphere, collaboration is the key to fully utilizing these mechanisms and creating meaningful change.
Here’s a round-up of other noteworthy news and initiatives:
Last week, U.N. human rights experts expressed serious concern over the UK’s Nationality and Borders Bill, which they said breaches the country’s obligations under international law. “If adopted, it would seriously undermine the protection of the human rights of trafficked persons, including children, increase risks of exploitation faced by all migrants and asylum seekers, and lead to serious human rights violations,” according to U.N. Special Rapporteur Siobhán Mullally.
This recent U.S. Department of Labor blog post revisits the 1995 El Monte forced labour case which helped launch the modern anti-human trafficking movement. The first of its kind, the case highlighted how complex labour trafficking can be, how it involves overlapping financial, economic and other crimes, and often operates in plain sight.
This policy research paper reviews more than 300 trafficking and trafficking-related laws spanning 188 countries, and identifies common flaws in trafficking definitions relating to the implementation of the Palermo Protocol and the obligation it places on nations to criminalize all forms of trafficking. The article describes these trends, attempts to uncover why they exist, and ultimately explains how they can negatively affect efforts to combat trafficking in persons.
In 2020 and 2021, researchers and practitioners in Kenya and the UK ran a collaborative project using participatory photography and ethical storytelling techniques with survivors of human trafficking in Kenya, to amplify their voices in their own communities and beyond. A new book chapter brings together analysis and contemporary reflections from members of the research team on conducting this work during the global pandemic.
A recent article published in the Journal of Human Trafficking shares the first results of a longitudinal research study conducted in Southeast Asia, which indicate that experiential play-based activities are beneficial for increasing program facilitators’ knowledge of human trafficking. The study was undertaken in partnership with A21 Primary Prevention Program, which provides child-centered learning opportunities designed to empower young children to protect themselves from trafficking and other risks.
The Philippines has raised the age of consent to 16 and signed a bill banning child marriage; a law to ban online sexual exploitation is also underway. However, experts have said that unless law enforcement is improved, the Philippines will still be a global hotspot for sexual violence against children.
Traffickers are exploiting the exodus of nearly six million people from Venezuela – the world’s largest continuing refugee crisis in terms of the number of migrants fleeing – by coercing some into debt bondage using bogus job offers.
NGO Human Resources Without Borders is currently recruiting for project managers for its education and protection of agricultural workers program in Costa Rica (available in Spanish only).
Freedom Collaborative, PILnet, and La Strada International are pleased to invite you to an informal online meeting on 26 January to discuss and brainstorm legal needs and opportunities for collaboration among organizations and pro bono lawyers working in support of migrants from Asia to Europe. Please email us to RSVP.
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