Business and Human Rights PDF 2024

Business and Human Rights The course provides an introduction to BHR through a series of concrete examples and testimonies from practitioners. It is rooted in some of the most pressing global challenges such as the fundamental principles and rights at work. It is meant to connect students with r...

Business and Human Rights The course provides an introduction to BHR through a series of concrete examples and testimonies from practitioners. It is rooted in some of the most pressing global challenges such as the fundamental principles and rights at work. It is meant to connect students with realities in different countries and initiate them to the practical questions that business professionals have to deal with. Students will learn how to identify human rights abuses in the workplace and what mitigation strategies can be put in place. They will discover how businesses are dealing with these issues, the difficulties they are facing and achievements that have already been made. Grading and assesment: Grading for this course is made up of three components: - In class and online participation (20% of the grade) - Final in-class exam (40% of the grade) - Student essay, individual or in groups up to 3 (40% of the grade) Lecture 1: Introduction, decent work for maritime workers & Accor Procurement Questions: Students will be invited to do presentations (1-2 min.) on the following topics: What was the "Penn Sardin" movement and what can we learn from it? o The sardine workers' strike was a series of strikes in 1905 and 1924 in Douarnenez and Concarneau in the French province of Brittany initiated by women workers in fish canneries to protest against the hardships of their tasks and to demand wage increases. This strike is considered as an important date of feminist struggles in France What is forced labour. o See forced labour Fish enters in the composition of what types of products? o Fishmeal: high protein pellets used in aquaculture Human rights concerns in commercial fishing. o Depleting fish stocks lead to more long-distance fishing. As the costs of crews increase employers look for lower-paid labour, such as migrant labourers from less developed countries. Increased competition has negative impact on safety. increasing number of transnational fishing operations, which makes law enforcement more difficult. Key aspects of Accor's human rights policy. Introduction Evaluation: - MCQ/ individual/ 40% - Final essay/ individual or group of 2-3/ 40%  - Active participation/ individual/ 20% Essay: submitted by January 10th. 7-10 pages long. Will be marked on: relevance of essay topic, presentation of the issue, recommendations and/or discussion on existing solutions, style, editing, creativity and quality. Participation: take time to engage News: - Omnibus directive EU CSDDD Documentary: the compromise The negotiations around the directive Ended up being about “chains of activities” to avoid saying value chain. Financial sector was also excused to have responsibility. No liability for human rights abuses in the companies they fund. Legislation calls for identifying and acting upon cases. But doesn’t state that companies will be prosecuted if they find violations. If you look hard enough you should find human right violations. Decent work of fishers, exploring human rights issues in commercial fishing Penn sardine movement Sardine worker strike 1924 in Brittany. Josephine Pencalet essential for movement. Was elected on communist list, but her election was annulled later. Historical for women speaking up for themselves, feminist history, recognized for valuable contribution. Forced labour, child labour. Remembrance is a form of remedy. - Remedy: access to justice - Remembering is a way of acknowledging human rights violations Forced labour convention was six years after this. Forced labour before it was recognized. Human rights, in past and future. View events in light of acknowledgement of convention How Fish-Meal Production Is Destroying Gambia’s Waters One of the few remaining waters that are not completely depleted of fish stocks and other marine life. In the last few years there’s been a rush to scale up industrialized fishing. Three Chinese factories that take massive amounts of fish and grind them down to hig protein pellets called fishmeal. High secrecy around the factories and the chemicals they use. International states that they shouldn’t be closer than one km from open waters. Waste from factory is pumped directly back into the oceans.  Fish meal: Is used as a protein supplement in the aquaculture industry. Destructive for the oceans as it requires huge quantities of fish. The waters outside the Gambia are being depleted, and local fishermen are struggling to catch the bare sustenance level of fish. No information is available to them on how much is being fished and how many boats there are. A growing fear that the waters will be empty for the next generations. Creating a critical food situation for the population. The Gambian government doesn’t really have the resources to police their water and control what’s happening. Dark ships: a vessel that is operating with their transponder off and without a fish log. The fish log shows the position they fish and the quantity of fish. Some of these ships have very poor living conditions for the fishermen onboard. They tend to be out days or weeks at the time. Fishing industry: touches upon many of the indicators of forced labor. Huge legal complexity in fishing. You can flag your ship wherever – meaning you can flag your ship where theres no prosecution for human rights abuses. In fishing the cheapest flags are the worst. Value chain of fish A lot of fish goes to the trash. Another big chunk goes to feeding other fish. But theres also a very complex value chain where fish can be used in many sorts of industries and products. Found in cosmetics and very healty. Should be on front pages of e.g. loreals human rights reporting. Fishing is the last sort of hunter gatherer situation – but it has been industrialised. Very little empathy for the fish. Difference between supply chain and value chain: different concepts - Value chain: the total of upstream and downstream activites - Supply chain: what a business has upstream Where is a business responsible for human rights? Solely within own business? Upstream suppliers? Downstream activities? Value chain vs. chain of activities For the nuance introduced by the EU between value chain and chain of activities, see: https://www.circularise.com/blogs/csrd-and-csddd-what-are-the-key-differences#csrds- value-chain-is-broader-than-the-csddds-chain-of-activities The CSRD has a broader scope that covers the entire “value chain,” while the CSDDD covers a narrower “chain of activities” of a company. This may seem like a subtle difference in wording, but the terms have big implications.  CSRD’s “value chain” includes all activities related to the creation, delivery, and support of a company’s products and services. This includes virtually all business relationships a company might have, and all internal operations, upstream activities, and downstream activities, from raw material extraction to a product’s end-of-life. CS3D’s “chain of activities” is also broad, but it focuses on the activities of a company and the company’s suppliers. This narrower scope covers upstream activities from a company’s business partners and downstream activities in distribution, transport, and storage of the product, but not product disposal. ILO: Forced labour in commercial fishing The latest global estimates of 2021 identified at least 128,000 victims of forced labour in the fishing industry. Due to the isolated nature of the sector, the actual figure is likely to be higher. Human cost of fishing: estimated the 100,000 fishers are killed/died every year. Estimates used to be around 30,000, but has been increased. In the case the body is often nowhere to be found. Fishing is a small industry with seven countries being the major players. (China, Indonesia, Peru, India, Russian Federation, United States of America & Viet Nam) Have been growing steadily since 1950. Not fishing for fish, but fishing to produce food for aquaculture. Historically fishers have always been excluded from labour conventions. Because fishers are not structured through labour organisations they can’t partake in developing conventions. A lot of discrimination. A majority of men working as fishers, and majority of women working in fish processing. Historically a business with a lot of abuse. Lacks standardized legislation. There are two main forms of fish production: commercial fishing and aquaculture. Forced labour is particularly a challenge in the commercial fishing sector. Commercial fishing represents the main source of fish in the world with 48.9% of fish produced. ILO Convention No. 188: The main objective of the Convention No. 188 is stated in its Preamble: “to ensure that fishers have decent conditions of work on board fishing vessels with regard to minimum requirements for work on board; conditions of service; accommodation and food; occupational safety and health protection; medical care and social security”. As of 1 April 2024, 21 countries have ratified the Convention. Article 8 of the convention establishes that fishing vessel owners have the overall responsibility to comply with the obligations of the Convention. It also highlights the responsibility of the skipper of the vessel as he/she is the person in command on board (labour abuses are often perpetrated by or on the order of the skipper) Migrant fishers: defined as fishers working on board a fishing vessel flying the flag of a country other than that of their own nationality or country of permanent residence. Within the broader group of fishers, migrant fishers are particularly vulnerable to abuse and discrimination. Forced labour: is defined in the Forced Labour Convention, 1930 (No. 29), Art. 2, 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”. the ILO has identified eleven indicators: Abuse of vulnerability  Deception Restriction of movement Isolation Physical and sexual violence Intimidation and threats Retention of identity documents Withholding of wages Debt bondage Abusive working and living conditions Excessive overtime Debt bondage: acquire debt to go fishing, means you can also sell fishers across boats. Modern technology has made it so that boats don’t ever need to go into port, with boats supplying resources/ picking up fish. This makes inspections even harder. Depleting fish stocks lead to more long-distance fishing. As the costs of crews increase employers look for lower-paid labour, such as migrant labourers from less developed countries. Increased competition has negative impact on safety. increasing number of transnational fishing operations, which makes law enforcement more difficult. Exclusive Economic Zone (EEZ): With the adoption of the United Nations Convention on the Law of the Sea (1982), every coastal State has the right to establish a territorial sea of a breadth not exceeding 12 nautical miles and to claim an EEZ not extending beyond 200 nautical miles (370 kilometres) from the baselines used to measure the breadth of the territorial sea. Countries exercise sovereign rights for the management of marine living resources within the bounds of their EEZ and can prohibit or authorize fishing vessels from fishing withing these zones. If you’re a country like Fiji you can sell fishing rights in your waters. Have faced criticism because they’re not stringent about prosecuting and surveilling human rights abuses. International waters: defined in international law as high seas – are water areas beyond coastal States’ EEZs which represent 64 per cent of the ocean surface. In international waters, States have a duty to cooperate in the conservation and management of marine living re- sources, notably through the establishment of regional fisheries organizations. Abandonment: In the maritime world, abandonment refers to the decision by shipowners or fishing vessel owners to abandon a ship with its crew on board. This may be due to financial difficulties or based on the economic assumption that the ship is worth less than the bills attached to it and/or the wages of the crew. Fishers can find themselves in extraordinarily difficult situations due to the abandonment of their vessel, including loss of wages, physical and mental health issues, or the lack of food supplies. Corporate perspective: Accor's human rights policy and HARP Accor: estimated 5,000 suppliers.  Can be very hard to identify whole value chain. Downstream. How much responsibility do you want to put on a company for what people do with their products. Incredibly challenging to identify all actors. Accor: in 110 countries. 42% of business in Europe. 5,700+ hotels. Manage and franchise contracts. Most working in the hotels are not directly employed by Accor. Means more complexity in implementing standards. Need to implement several perspectives for human rights, no simple conclusions objectives. Reputational risks: Anything happening in a hotel has potential to influence the Accor brand Human rights are part of all the departments Hospitality Alliance for Responsible Procurement – HARP Accor co-founds along with four other global hotel groups – Hilton, IHG hotels & resorts, Marriot International and Radisson Hotel group. HARP was created as a new way of measuring and improving supply chain sustainability performance, using EcoVadis’ sustainability rating data pools to create shared evaluation methodologies, empowering the companies involved to interact with their key suppliers, and facilitating the exchange of game-changing expertise to accelerate a unified drive towards best practices Accor’s Role and Achievements: Through its procurement organization, Astore, Accor has been a leader in sustainable procurement. Strict supplier selection processes and sustainability performance evaluations have been in place since 2017, focusing on criteria like carbon neutrality, human rights, and diversity. Initiatives include replacing single-use plastics, sourcing green energy, and prioritizing responsible sourcing for food and beverages. Sustainability Commitments: Accor aims to achieve net-zero carbon emissions by 2050 and reduce absolute emissions (Scopes 1, 2, and 3) significantly by 2030, in line with the Paris Agreement. The group aligns with global initiatives like the Science Based Targets initiative (SBTi) and Business Ambition for 1.5°C. Role of Procurement: Procurement is central to sustainability goals, minimizing risks, encouraging supplier innovation, and supporting transitions to eco-friendly practices. Notable achievements include renewable energy sourcing and sustainable food sourcing aligned with the Group’s Sustainable Food Charter. Vision for HARP: The alliance will help elevate suppliers’ accountability and encourage industry-wide efforts to address sustainability challenges, enhancing both supplier relationships and guest satisfaction. Accors Human rights policy Under Olympics: focus on avoiding sexual exploitation and trafficking. - Example of tacking responsibility of downstream: how is product being used?  Balanced approach. Need to ensure no human rights violations, but also respect privacy of guests. In Accor human rights are under HR department. Global estimates of modern slavery: 27.6 million in situations of forced labour on any given day (a conservative estimates). Almost 1/3 in the service sector, construction also big for violations. Also happening in Europe. Over 50% happens in upper middle income or high income countries. > migrant workers could be trapped in a forced labour situation. How are workers employed? Undocumented workers, more likely to be connected to forced labour issues. o 3x more vulnerable to forced labour practices. Related to recruitment practices (maybe in recruitment country) o Debt bondage, workers are tied to a debt when they start working. Cost of moving them there is added as a debt when they start working. § Pay to get a job. Start with debt, pay for visa travels etc. § A pattern seen for the last 50-60 years Increase of 2,7 million in forced labour, even though there are more legislations and conventions. Legislation is coming to late, situation on the ground is aggravated. - Conflict is condusive to human rights abuses. - If the global environment is not condusive to limiting huna rights we’ll se increases. Human rights risk factors Key human rights topics: - Child labour and forced labour - Working conditions - Human trafficking and sexual exploitation - Impact on surrounding communities Categories of human right risk factors: - Country of operation - +++++ Human rights and procurement How to mitigate risk and define the right protocol. Mange level of level of maturity of suppliers. Portray it as a value for suppliers for complying. Lecture 2: BHR framework, child labour & trade instruments 1/ Introduction and debrief from lesson #1 (10 min). 2/ The #BHR framework and fundamental principles and rights at work (80 min). Break (10 min.) 3/ Focus on child labour (30 min.) 4/ Simulation on trade instruments (60 min).  Three keys of ILO: Government Worker representative Business representative Many guest speakers on the course don’t have a human rights background. Omnibus: - Green new deal, economic plan with focus on planet and sustainability. - Sustainability directives where the last to be ratified before the new elections. - EUDR is delayed, and revisited - Von der leyen; suggest that the package (CSRD, CSDDD and green taxonomy) should be renegotiated o Sectorwide etc. lobby group attacking all the legislation, although companies individually support it o Risk the package being watered down - Legislations have a trickle down effect o Tend to target MNEs, but as soon as they are put in scope all their tier 1 are included. And then the T1 needs to put pressure on T2 to ensure everything is good. - Competitiveness: trying to be competitive while being sustainable. - Deintoxicate businesses; build over several hundred years on exploitation of workers. Human rights are not material for most people. Australia - Work holiday visa: connected to forced labour situation - Child labour US: - Considerable number for people are pushing for child labour Questions Students are invited to do presentations (1-2 min.) on the following topics: - What are the United Nations Guiding Principles on BHR? A set of guidelines for States and companies to prevent, address and remedy human rights abuses committed in business operations. They were proposed by UN Special Representative on business and human rights John Ruggie, and endorsed by the UN Human Rights Council in June 2011. In the same resolution, the UN Human Rights Council established the UN Working Group on business & human rights. Composed of 31 principles under three pillars. 1. protect (1-10). It specifies the states duty to protect human rights in the context of business operations 2. respect (11-24). Outlines how businesses can identify their negative human rights impact and demonstrate that they have adequate policies and procedures to address them. 3. Access to remedy (25-31) when a right is violated, victims must have access to effective remedies which are legitimate, accessible, predictable, equitable, transparent and  rights compatible. Pillar 3 sets out criteria for effectiveness of judicial and non-judicial grievance mechanisms implemented by both States and businesses. - What are the 5 fundamental principles and rights at work? Derive from ILO conventions and recommendations, which set international labour standards on a broad range of subjects related to the world of work, including human rights at work, employment policy and human resources development. Five categories of labour standards: Freedom of association and the effective recognition of the right to collective bargaining; The elimination of all forms of forced or compulsory labour; The effective abolition of child labour; and The elimination of discrimination in respect of employment and occupation. a safe and healthy working environment - What are the current trends and estimates of child labour? Recent report states 160 million children in child labour. Shows an increase of 8,4 million recently. Approximately 79 million were carrying out hazardous work, endangering their health, safety and moral development. The sub-Saharan African region has the highest rate of child labour, with 24% of children employed as child labourers, a total of nearly 87million. Subsequently, Asia and the Pacific region has the second highest figure, where 48.7 million children still remain in child labour. Globally, the vast majority of child laborers (71%) work in the agricultural sector. - How does the US Tariff Act section 307 work? 307 of the Tariff Act of 1930 (19 U.S.C. §1307), which prohibits importing products that are mined, produced, or manufactured, wholly or in part, by forced labor, including by forced or indentured child labor. This provision prohibits imports of products of forced labour in the US. This act is older than any kind of other global value chain (GVC) regulation (still in use) with extraterritorial reach to reduce corporate human rights violations. Yet, there was not a single enforcement case banning products from forced labour under Section 307 between 2001 and 2015. One reason was that Section 307 permitted imports of certain forced labour-produced goods if they were not produced in the US 'in such quantities' 'to meet the consumptive demands'. the Trump Administration pressured Customs and Border Protection to enforce section 307 more stringently, particularly concerning Chinese imports, as part of its 'America First' agenda. This trend continued under Biden BHR Framework Fight against slavery; video. Historical and modern approach to slavery. Historical approaches to BHR. Interplay between economy and human rights. Need to look at what goes into HR and business/economy respectively Key concepts: RBC: Responsible business conduct UNGP: United Nations Guiding Principles (on Business and human rights) ESG: Environment – Social – Governance NAP: National action plans (on Business and human rights) ILS: International labour standards  CSDDD: Corporate Sustainability Due Diligence Directive FPRW: Fundamental Principles and Rights at Work mHREDD: mandatory Human Rights and Environmental Due Diligence MNE/SME: multinational entreprise – small and medium-size enterprise ATS: Alien Tort Statute UDHR: Universal Declaration of Human Rights UFPLA: Uyghur Forced Labor Prevention Act Human rights: gradual global effort, started national level, what are the intrinsic rights of a human being. Common to everyone on the planet. Gradual process of sedimentation. UN shift national rights into a global perspective Generations First generation: civil and political rights. Right to vote, freedom of assembly, freedom of speech, +++. Mostly negative rights -> a right you enjoy as long as no one is preventing you from having it. Second generation: economic, social and cultural rights. Around WW1 and WW2. Right to employment, right to housing, right to food, social security, health care. Situation for these rights are dire in most countries, because a lot of countries are not capable of supplying these safeties. Requires positive action by states. Basis for welfare state concepts. - In France, social security came about 1914, unemployment benefits, reaction of the war. First and second are both individual rights Third generation: rights at a collective level for communities, populations, societies or nations. Right to economic development; right to benefit from world trade, right to breathe unpolluted air. A response to global interdependence. Individual states cannot resolve problems in isolation from the international community. Issues/problems Gap: Never associated rights for the deceased. All the rights we have are linked to living human beings. Relates to identification. Want a state obligation for identifying the deceased. How to create a right? – create at a European level. System EU wide. Might then gradually move to a global right. Rights that are recognized through jurisprudence. On right to dignity clause, not allowed to harm a dead body. Recognized on EU level, but not yet otherwhere. Fourth generation: awareness that there’s a fourth generation missing. Will probably be in terms of exterritoriality and technology. Rights that go beyond the atmosphere. Your technological presence. Create rights related to the unborn – relevant for sustainability legislations. When a right is recognized, it opens the possibility of legislation.  Problem: universal declaration was made when a lot of countries still didn’t exist. Weren’t party to draft those rights. Rights can be violated everywhere and on every right. Key takeaway: Human rights are dynamic, in the sense that they work in aggregation of new rights. No rights are reversed, but new ones are constantly added. Historical approach Space to discuss has gradually been created. UNGPs were created in 2011. BHR treaty process: currently in 9th round of negotiation. A global treaty. Always need to know if its binding or not. Mandatory or voluntary. An effort to have binding treaty. - Not coming forward because nobody wants it. - Calls for EU to negotiate it together - Because nothing was happening: guiding principles were created, non-binding Countries have problem holding businesses accountable. Supply chain due diligence laws In 2011 there was nothing. Currently several countries have laws that are either in effect or proposed. Complaints that 2-3 years there was nothing, and now everything is entering into effect at once. Free trade: because of free trade, US pushed Canada and Mexico to develop similar laws on DD. Fear of goods produced under forced labour entering US through Mexico or Canada because of free trade. Directives targets MNES, but pressure trickles down to SMEs which don’t benefiot to same degree of support. National action plans - NAPs A strategy for business and human rights Many countries have one due to external projects. No French speaking country in Africa is developing an action plan – related to most of the discussion being in English. OECD guidelines National contact points for business and human rights. references to ILO and UNGPS, all three reference each other UNGPs Three sections:  - The state - Businesses - Legislation All very simple and clear principles. Avoid causing adverse impact. A set of guidelines for States and companies to prevent, address and remedy human rights abuses committed in business operations. They were proposed by UN Special Representative on business and human rights John Ruggie, and endorsed by the UN Human Rights Council in June 2011. In the same resolution, the UN Human Rights Council established the UN Working Group on business & human rights. Composed of 31 principles under three pillars. 1. State: protect (1-10). It specifies the states duty to protect human rights in the context of business operations 2. Business: respect (11-24). Outlines how businesses can identify their negative human rights impact and demonstrate that they have adequate policies and procedures to address them. 3. Victim: Access to remedy (25-31) when a right is violated, victims must have access to effective remedies which are legitimate, accessible, predictable, equitable, transparent and rights compatible. Pillar 3 sets out criteria for effectiveness of judicial and non-judicial grievance mechanisms implemented by both States and businesses. Dilemma: responsibility Case in US: - Victims of human trafficking, human rights violation - Seek compensation from Nestle for benefiting from child labour o Lawyers argue yes, connected and benfit, but didn’t actively requewst child labour ESG Separating the E from S and G Belief that E is more important, put more emphasis on combatting, in reality cannot be achieved without tackling S and G as well FPRW Fundamentals principles and rights at work. Elevated to human rights. Area where you will have the most abuses is at work. Five categories of labour standards: Freedom of association and the effective recognition of the right to collective bargaining. The elimination of all forms of forced or compulsory labour; The effective abolition of child labour; and The elimination of discrimination in respect of employment and occupation. a safe and healthy working environment  First four 1998, and last one in 2022. ILO Created during the Versailles treaty, 1919. Linkages between BHR and peace. If these are not respected there is a heightened chance of conflict. Three keys: - Government - Workers - Employers Each country has a representative for each of the “keys” to the ILO. All three have a vote. For a standatd to be adopted majority of all these three x187 countries. A standard setting organization. Terms: - ILO -> international labour organization - ILO -> international labour office (secretariat) - ILC -> international labour conference o Meet to set standards Example: Uber drivers -> platform workers/ gig economy. How do the standards apply for them? Who is responsibility to maintain the standards for the workers? Many migrant workers enter because its easy, low requirements. Undocumented migrants, social security issues. - EU level: directive on platform workers. - Current ILO discussion on weather a convention/standard should be created. Violence and discrimination at work -> born out of mee too movement. Problem: only applies to the countries that are willing to put it into their national legislation. ILO standards are not obligations. Governments need to ratify a standard for it to apply nationaly – aka create a law that transposes it nationally. - Sometimes countries agree but don’t want to ratify. 1998: highlighted some conventions that are non-negotiable -> fundamentals of rights at work. 2022: partly because of the Quatar world cup, OHS was included. Out of the 190 conventions, 10 apply to everyone, while 180 are optional technical conventions. - US and Australia, have not ratified on child labour. Claims it can’t impose on state since it’s a federal state. However was not the case for other conventions. HR and sports - Olympics create huge tensions between economics and human rights - Incentives to break the rules - Sports are part of diplomacy Focus on child labour Child labour in the US Early 1900s: Lewis Hine photo campaign documentaing child labour. Focus on the workers, illustrationg the problem to the public. States imposed legislation to ban child labour. Would expect the problem to be solved. Book recommendation: The Jungle, Upton Sinclair. (1906) - Touches upon all the fundamental principles. Still a major problem. - Work during the night in slaughterhouse with sanitation. NY times article. - Heightened risk around migration, but not an issue excluded to migration. - Arkansas: suppressing minimum age to work, active process of suppressing human rights. o Backed by US corporate lobby o Why? § Covid took away about 5 million workers from the workforce. Because of many different reasons. § Migration policies heightened labour shortages – not just Trump continued under Biden. § Solution to a labour shortage. - Convention 192 Rights of the child Issue directly related to adult workers not receiving sufficient pay for their work to sustain their family. Vast majority of agricultural trade is per kg/unit etc. not made to factor in the cost of labour. Priced by commodity market. Complex issue: a means to survival for both the child and the family. - Different from forced labour which is abuse of power imbalance. Trend: trend for eliminating child labour was good until 2012, thought based on trends that it would be eliminated by 2025. Since then stagnation. Covid19 has potential for very negative effects. Everything that is root factor for child labour is working at full steam – demand for workforce + families lacking income. Situation is not same in Europe. What is driving the numbers are sub Sahara. Child labour has risen by 8.4 million to 160 million since 2016 Child labour is an educational and health issue. Regulation is finding tresholds for when it’s acceptable. 12, 14 and 16, light work ok for health, and then build up. For education, problem rural ares have no schools, but fields to work in. Concepts 1 - Children in employment are those working in any form of market production and certain types of non-market production (principally, the production of goods such as agricultural produce for own use). This group includes children in forms of work in both the formal and informal economy; inside and outside family settings; for pay or profit (in cash or in kind, part- time or full-time); and domestic work outside the child’s own household for an employer (paid or unpaid). It includes children who are engaged in child labour, as well as children above the relevant minimum age who are engaged in forms of work that are permitted for children of that age. 2 - Children in child labour constitute a narrower category than children in employment. It excludes children in employment who are in permitted light work and those above the minimum age for work whose work is not classified as a worst form of child labour, or, in particular, as “hazardous work”. 3 - Children in the worst forms of child labour are those in the categories of child labour set out in Article 3 of ILO Convention No. 182. These categories comprise: (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom, and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring, or offering of a child for prostitution, for the production of pornography, or for pornographic performances; (c) the use, procuring, or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; and (d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals of children. 4 - Children in hazardous work are those involved in any activity or occupation that, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety, or morals. In general, hazardous work may include night work and long hours of work, exposure to physical, psychological, or sexual abuse; work underground, under water, at dangerous heights, or in confined spaces; work with dangerous machinery, equipment, and tools, or which involves the manual handling or transport of heavy loads; and work in an unhealthy environment which may, for example, expose children to hazardous substances, agents, or processes, or to temperatures, noise levels, or vibrations damaging their health. Hazardous work by children is often treated as a proxy category for the worst forms of child labour. This is for three reasons. First, reliable national data on the worst forms of child labour other than hazardous work, such as children in bonded and forced labour or in commercial sexual exploitation, are still difficult to come by. Second, children in hazardous work account for the overwhelming majority of those in the worst forms of child labour. Third, children in the three other worst forms of child labour are also commonly exposed to hazards likely to harm their health, safety, or morals. 5 - Children in light work. According to Article 7 of ILO Convention No. 138, national laws or regulations may permit the employment or work of persons from 13 years of age (or 12 years in countries that have, as an interim measure, specified the general minimum working age as 14 years) in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. 6 - Children performing household chores refers to those performing domestic and personal services for consumption within their own households. Household chores include caring for household members; cleaning and minor household repairs; cooking and serving meals; washing and ironing clothes; and transporting or accompanying family members to and from work and school. Child labour in agriculture Why focus on the agriculture sector? The vast majority of children in child labour — 71% globally and 85 per cent in the Africa region — work in agriculture and its various subsectors: crop production, animal husbandry, forestry, fishing, and aquaculture. Agriculture is one of the most dangerous sectors to work in at any age, and even more dangerous for children. It is largely unregulated, and many agricultural workers are not organized in unions or producers’ organizations, making the agriculture sector particularly vulnerable to labour abuses. Children working in agriculture may have to use heavy machinery or sharp tools, be exposed to pesticides or harmful insects, and work for long hours and in extreme weather conditions. A young girl working in the tobacco industry might be exposed to the following hazards: Arms and legs: she uses sharp heavy tools that are too big for her hands. This means she’s at risk of bruises and cuts while she works. Open wounds can lead to infection and serious illness. Back: she spends a lot of her day carrying heavy loads, such as water pails and bundles of tobacco. Her back hurts almost constantly and it's likely that she will end up with permanent back problems as an adult. Brain: nicotine is a neurotoxin, as are some of the chemicals used in the soil and sprayed on the tobacco plants. Prolonged exposure can harm her growing brain and make it more difficult for her to learn in the future. Eyes and mouth: chemicals and pesticides make her eyes itch and sting and cause her mouth to get puffy and red. Feet: she works without shoes, meaning she could be bitten by a snake or get infected by parasites living in the soil or water. Head and neck: she spends a lot of time climbing up and down ladders, hanging tobacco from the roof in drying barns. With no basic safety measures in place, she’s at risk of severe injury or even death if she slips and falls. Heart: sometimes her heart beats very fast and she doesn’t know why – it’s a frightening feeling. It’s actually caused by the nicotine that she absorbs through her skin as she works with the tobacco plants.  Lungs: the dust that she inhales during the tobacco drying and grading process makes it difficult for her to breathe. Skin: during her work, her skin comes into contact with many different chemicals, as well as nicotine from the tobacco plants. This means her skin is usually red and itchy, and she gets regular breakouts of hives or lesions. Stomach: nicotine absorbed through the skin causes a loss of appetite and it often makes her nauseous. When she's been exposed to it for too long she sometimes vomits. What drives children into child labour? Push factors: - Debt: families paying off debts by putting their children to work - Education: undervalued, and some parents skip the long-term investment for short term solutions to generate income - Low income: families relying on supplementary income to meet basic needs - Remoteness: low acess to education, pushes children into other activites such as work. - Shocks: shocks such as failed harvest, natural disaster or illness or death of breadwinner may turn to their children to bring income when there’s no social assistance - Tradition: considered a way of life and necessary, although characterized by poor awareness of hazards Pull factors: - Docility: children are considered to be more docile and easily managed than adults - Housing: some plantations only allow children to live with their families if they also work - Price: for small farms and rural enterprises operating on low margins it’s a way to keep cost down, as children are paid less or not at all. - Labour supply: at peak times, like harvests, supply of adults may be stretched, increases seasonal demand for child labour - Quotas: to meet targets, parents may feel pressured to involve children in production - Size: perception that childrens nimble fingers are suitable for delicate tasks makes their labour seem desirable. Eradicating child labour Legislation: implementation of laws, as well as monitoring by community Solidarity: workers joining unions and cooperatives are less vulnerable to shocks and can improve incomes. Education: need free schooling as well as communities advocating for education so that families and children see the importance Technology: child labour is commonly found in labour intensive jobs. Identifying labour saving techniques and technologies can mean saving time and monay, and the need for extra children’s hands. Legal framework Convention 182 on worst forms of child labour is the first to reach universal ratification. Being a convention it is legally binding. “Universal ratification of Convention 182 is an historic first that means that all children now have legal protection against the worst forms of child labour. It reflects a global commitment that the worst forms of child labour, such as slavery, sexual exploitation, the use of children in armed conflict or other illicit or hazardous work that compromises children’s health, morals or psychological wellbeing, have no place in our society.” Convention 138 on minimum age requires countries to establish a minimum age for entry into workforce and establish national policies for the elimination of child labour. Accompanied by Recommendation No. 146 which stresses that national policies and plans should provide for: poverty alleviation and the promotion of decent jobs for adults, so that parents do not need to resort to child labour; free and compulsory education and provision of vocational training; extension of social security and systems for birth registration; and appropriate facilities for the protection of children, and adolescents who work. To achieve the elimination of child labour, laws setting minimum ages for work should be embedded in such comprehensive policy responses. The Recommendation No. 190 , which accompanies Convention No. 182, recommends that any definition of “hazardous work” should include: work which exposes children to physical, psychological or sexual abuse; work underground, underwater, at dangerous heights or in confined spaces; work with dangerous machinery, equipment and tools or carrying heavy loads; exposure to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to health; work for long hours, night work, and unreasonable confinement to the premises of the employer. This convention has been universally ratified. Lecture 3: Corporate perspective, Bhopal tragedy & Due diligence 1/ Corporate perspective: the BHR toolbox of Schneider Electric (90 min.) Guests: Frédéric Pinglot, Human Rights VP and Mathias Brachet, human rights project manager Schneider Electric This will include a focus on extractives and occupational safety and health. Break (10 min.) 3/ #BHR history: 40 years after the Bhopal tragedy (40 min.) Guest: Salil Tripathi, senior advisor on global issues, IHRB 4/ Focus on due diligence (50 min.) Questions Students are invited to do presentations (1-2 min.) on the following topics: - What are key aspects of Schneider Electric's human rights policy? Three categories/chapters: Global Labor Standards, Global non-labour standards and Group human rights policy governance. Covers ILO standards First outlines compliance with global standards. Notably: - conflict materials: Schneider Electric commits to performing due diligence so it does not use any products or raw materials which are directly or indirectly financing armed groups involved in the mining and trading of ‘conflict materials’ and associated with Human Rights abuse. - Forced and child labour: Schneider Electric, to the best of its knowledge, refrains from working with business partners that are using child labor and/or forced or compulsory labour in their operations.  Second outlines other things, and third how the group will work on implementation and follow up - What are some of the key OSH-related issues? OSH: Occupational safety and health. The spectrum of possible occupational safety risks ranges from severe and immediate physical dangers to milder hazards. Chemicals Manual handling Noise Accidents Communicable disease Electricity Exposure to hazardous substances Occupational health inequalities Personal protective equipment Psychosocial risks Slips and trips Workplace violence - Questions on Bhopal for ITW w/ Tripathi. A chemical accident on the night of 2–3 December 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh, India. In what is considered the world's worst industrial disaster, over 500,000 people in the small towns around the plant were exposed to the highly toxic gas methyl isocyanate (MIC). Toxic leak in water that is still affecting locals. Called never ending tragedy. Strong correlation of birth defects for children born to women exposed. After tragedy legislation was introduced, however company responsible never faced repercussions. Leftover waste contaminating groundwater. In 2010 several former executives of Union Carbide’s India subsidiary—all Indian citizens—were convicted by a Bhopal court of negligence in the disaster. - What are the existing human rights due diligence legislations? CSDDD, Åpenhetsloven/transparency act (Norway), UK modern slavery, Netherlands HREDD, French Corporate duty of Vigilance law, German Supply chain due diligence act, Canada forced labour bill, The US Uyghur Forced Labor Prevention Act OSH OSH: Occupational safety and health. The spectrum of possible occupational safety risks ranges from severe and immediate physical dangers to milder hazards. Chemicals Manual handling Noise Accidents Communicable disease Electricity Exposure to hazardous substances Occupational health inequalities Personal protective equipment Psychosocial risks Slips and trips Workplace violence Corporate perspective: Schneider Electric 3000 tier 1 suppliers, from tier 2 probably times 10 and from then on exponential. Chain of activities - Burden on activities that the companies control. - Focus on only what companies are directly involved in. 4 dimensions toward just transition - Support innovation for impact: by supporting entrepreneurs and their innovations, we contribute to building a more sustainable future - Build the future: worldwide ambition to prepare younger generations for the future, while implementing initiatives to support our own employees across all generations - Sustainable energy for all: ensuring everyone has access to electricity and electrical safety, paving the way for individual development. - Ensure human rights: never compromise in human rights, and drive progress Human rights team – quite new - Issues acquiring information/knowledge Ensuring policy is respected: actual challenge Often the issue of overtime - Clarify rules and responsibility - Rules that respond to reality on ground o Local rules and legislation o Emergencies Has to streamline process of following human rights Key topics on radar Operational challenges to ensure HR in T1-X chain - Traceability o Where to assess o Who to engage - Risk assessment o What are the issues o How to prioritize - How to act efficiently Derisk through multi-solution approach - Detailed mapping: identify tier 1-x suppliers and preform HR assessments o Remediate non conformance - Critical raw material: Identify some critical raw materials that are crucial to schenieder but that are often interconnected to human rights violation. Create a dedicated approach to each one on how to mitigate – explorative o Increased competition for resources. Needs to be sector wide consensus on working conditions etc. - Sensitive geography: identify salient HR issues in a given geography. o Workers voice: anonymous surveys in plants of suppliers for high risk countries. Bhopal tradegdy American company distanced itself immediately from tradgedy. Were able to push the problem back to India. Building of fertilizer capacity after chronic food shortages in the 1960s. Union carbide produced devin, had majority stake. Plant was having economic problem, and was going to be sold before tradegy happened. Had had other leaks before. Didn’t hand out composition of chemicals because of trade secrets – hospital was not able to give antidotes. Senior executives fled the country and never came back. Irresponsible exit by UC Questions the nexus between environment and HR issues Due Diligence 6 steps Policy commitment: how does a company credibly demonstrate that it is committed to fulfilling its responsibility to respect human rights? Human rights risk and impact assessment: How can a compny identify human rights risks and impacts? Cease, prevenet or mitigate adverse human rights impacts: How does a company identify, prioritize and implement effective measures? Embedding respect for human rights: How can a company successfully embed HRDD into exisiting business processes? Track and communicate: how does a company track HRDD and communicate transparency about actual and potential impacts and how it deals with them? Grievance and remedy: What is needed for an effective grievance mechanism? How can accompany use it to identify human rights issues ans provide effective remedy? Lecture 4: Veja’s business model and sustainable rubber sourcing 1) Introduction to the lesson and brief conversation on recent BHR updates (15 min.) Students are invited to share brief presentations (1-2 min.) on recent BHR news they have come across. 2) Sourcing sustainable rubber: Veja’s business model to help save the Amazon (75 min.) Conversation around the GCBHR case study. Break (10 min.) 3) Conversation around cross-cutting issues (75 min.) - Labour migration and recruitment - Occupational Safety and health - Freedom of association - Trade and decent work - Discrimination Students are invited to do presentations (1-2 min.) answering the 10 questions featured in the VEJA case (suggested readings). Recent BHR News World cup 2034 in Saudia Arabia: https://www.theguardian.com/global- development/2024/dec/11/world-cup-2034-migrant-workers-saudi-arabia-exploitation-abuse  - Bangladeshi working under forced labour conditions in Saudi Arabia o Debt bondage o Tales of shocking treatment and abuse; false contracts, unpaid wages and massive recruitment debts. o Also nationals from India, Nepal, Pakistan and beyond o Unexplained deaths of migrant workers § at least 13,685 dying in the country between 2008 and 2022. More than 1,500 Bangladeshis died in 2022 alone – a rate of more than four a day. - Country is the sole bidder for the tournament - Allegations of sportswashing - Fifa’s bid report has said Saudi Arabia submitted commitments to respecting, protecting and fulfilling internationally recognised human rights. HR in health sector and pharmaceuticals - Right to health - Affordability Centre for sport and human rights - Caster semena - People denied from performing because of estrogen or testosterone - Megasporting event – Saudi Aurabia Veja case 1. How can companies integrate human rights in their business models and how can they coordinate social and environmental agendas? a. Companies can integrate human rights into their business models by establishing direct sourcing relationships with producers to ensure traceability and compliance with socio-environmental standards. Veja, for instance, ties premium payments to deforestation-free practices and fair labor conditions. This integration requires building trust with local stakeholders, investing in capacity-building, and adopting certification systems. 2. How should companies cost conducting human rights due diligence? a. Human rights due diligence involves costs like compliance monitoring (e.g., satellite imaging for deforestation), capacity-building initiatives, and certification fees. Veja manages these costs by redirecting resources typically allocated to marketing towards sustainable supply chain development, emphasizing long- term returns over short-term profitability. b. Helps companies do due dilligence at a reasonable price 3. What are the underlying key success factors of the Veja model? a. Direct sourcing and long-term partnerships with cooperatives like Cooperacre. b. Payment of premiums tied to socio-environmental compliance. c. Investments in capacity-building and trust-building with local communities. d. Slow, sustainable growth aligned with production capacity. 4. What are the external drivers for other companies potentially adopting Veja’s approach? a. Rising regulatory requirements (e.g., EU deforestation-free supply chain regulations). b. Consumer demand for sustainable and ethical products. c. Financial incentives tied to ESG compliance from investors and lenders. 5. What is the role of technology in building sustainable business models? a. Technology enables compliance monitoring, as seen in Veja’s use of satellite imaging to track deforestation. It can also enhance supply chain transparency  and optimize logistics, ensuring that sustainable practices are economically viable. 6. Is Veja’s model peculiar to rubber production or can it be applied to other commodities? a. Veja’s model, centered on incentivizing sustainable practices through direct sourcing and premiums, can be applied to other commodities like Brazil nuts or forest fruits. The challenge lies in adapting the model to specific commodity contexts and ensuring market demand. 7. Could the Veja model be scaled and replicated to other companies/sectors to transform business models (and also protect the Amazon) and what are the challenges of doing so? a. The model could be scaled through partnerships with large-scale buyers (e.g., tire manufacturers like Michelin). Challenges include ensuring supply chain integrity at scale, maintaining community trust, and addressing seasonality in rubber production by diversifying income sources. In addition there’s the consumer appetite for the premuium cost associated 8. What is the role of governments (Brazil and beyond) and multilateral institutions (including the establishment of the Amazonian Fund) in supporting sustainable rubber production? a. Governments can provide financial incentives, like municipal bonuses for sustainable production. Multilateral institutions, such as the Amazon Fund, can fund capacity-building projects and support community-led conservation efforts. b. Argued that Veja has taken the role that realluy should have been taken by governments 9. What role could the Global Platform for Sustainable Natural Rubber play, a multi- stakeholder initiative founded in 2018, with the mission to lead improvements for the socioeconomic and environmental performance of the natural rubber value chain? a. This platform can promote industry-wide adoption of sustainable practices, provide guidelines for best practices, and foster collaborations among stakeholders to improve socioeconomic and environmental performance. 10. How could Veja measure the impact of their rubber sourcing program? a. Monitoring changes in deforestation rates via satellite imaging. b. Evaluating socioeconomic improvements for participating families (e.g., income increases). c. Tracking the scale of sustainable practices adopted by cooperatives and communities. Notes Natural rubber: tapped from rubber trees, renewable and biodegradable Synthetic rubber: made from crude oil, a non-renewable fossil fuel Many products require a combination, reduction of synthetic is key part of decarbonization strategy. Two products are mixed to produce optimal material resilience. Natural rubber cannot completely replace synthetic rubber products, but can substitute parts, enhance durability, and reduce harmful non-biodegradable microplastics. Almost 90% of natural rubber today is produced in South and Southeast Asia. Principle producers being Thailand, Indonesia and Vietnam. Labor rights abuses of workers in Asian rubber supply chains have raised concerns. To address such severe labor rights issues, the International Labor Organization released a guide for employers in August 2022 on how to mitigate forced labor and other human rights risks in the rubber industry.  Rubber only grows naturally in the Amazon. Unlike rubber plantations, wild rubber production does not require deforestation. Instead, rubber-tappers living in remote forest communities collect the rubber from trees that have grown for decades in the rainforest, preserving the forest and its biodiversity. But it’s laborious and less productive than producing plantation rubber. Human rights due diligence is the key means identified in the United NationsvGuiding Principles on Business and Human Rights by which businesses can identify, prevent and address human rights harms within their operations or supply chains. Lack of integrating and mainstreaming human rights and environmental issues into the core business functions which hinders progress on human rights, deforestation and other environmental impacts. The Veja model Shoes designed in France and produced in Brazil. Currently contain 40% wild rubber on average, which is mixed with synthetic to ensure durability and longevity. Source all core materials directly from cooperatives of producers in the region. This enables full supply chain traceability and leverage over production conditions. Brand growth has been organic, so that supply of materials can grow at the same pace. Grow slowly because they depend on their producers. 5x more expensive to produce Veja sneakers than other dominant market sneakers, primary cost being it’s three core materials; rubber, cotton and leather. Currently the largest buyer of wild rubber from the Amazon, key to it’s model is abonus payment to producers. To incentivize rubber production in an area where interest in rubber- tapping has decreased due to a history of low and volatile prices, Veja offers a rubber price that is significantly higher than the market price for rubber The bonus paid by Veja to the rubber-tappers is for ‘quality and Social and Environmental Services (PSES)’. In order to receive the PSES payment, producers and cooperatives must: 1. provide quality rubber 2. maintain best practices in rubber collection 3. hold valid documentation and participate in the governance of the cooperative and 4. avoid deforestation practices. Capability-building of the cooperatives allows them to market wild rubber as a sustainable forest product. This takes Veja’s approach beyond corporate social responsibility toward creation of real and sustainable change. Currently the largest buyer of wild rubber in the amazon, has grown significantly since inception and is now also expanding to other Brazilian states in the amazon rainforest. Yet remains a program that is small in scale. Key to involve other sectors like tire manufacturers, which buy over 70% of natural rubber. Commodity pricing VEJA is not paying for times more than the market price, but the market price is four times lower than the real price. Market price is not tackling deforestation etc. Companies are able but just not willing  - commodity market o highly related to labour issues due dilligence – is it a neocolonioal approach to human rights - former coloniel powers imposing standards on countries that didn’t exist when human rights were created. - Companies are not paying premium – not paying the fair price of a product Florence loeve – investigative journalist People using human rights as a competitive advantage is concerning - More important to move whole sector - Human rights used as a differentiator Indigenous people Legal vacuum Two conventions, most recently updated is ILO 169 - Poorly ratified - The Indigenous and Tribal Peoples Convention, 1989 (No. 169) and the older Indigenous and Tribal Populations Convention, 1957 (No. 107) are to date the only international treaties dealing exclusively with the rights of indigenous and tribal peoples. Convention No. 169, which is considered an up-to-date instrument and which revised Convention No. 107, provides for consultation and participation of indigenous and tribal peoples with regard to policies and programs that may affect them. It provides for enjoyment of fundamental rights and establishes general policies regarding indigenous and tribal peoples' customs and traditions, land rights, the use of natural resources found on traditional lands, employment, vocational training, handicrafts and rural industries, social security and health, education, and cross-border contacts and communication. A lot of critical minerals are located in territory belonging to indigenous people - 50% of transition minerals - And a large percentage of renewable energy potential in indigenous areas Consultation is not consent - Consent: don’t continue with out agreement o FPIC: Free, prior and informed consent o Be able to accept or not o Not definitive: possible to withdraw consent Not a homogenous group, very diverse Is CSRD correctly facturing in these issues - Not really Biopiracy: Intellectual property strategy. Putting a patent on a resource developed by indigenous people. Patent blocks indigenous people from usding their traditional heritage. genetic resource from a plant, not sharing benefit back to indigenous people.  - Steakling biological resources - Cross cutting issues Labour migration and recruitment Big field in BHR Migrant workers are vulnerable for abuses. Easier to abuse people outside their comfort zone, foreign place. Labour migration* is a growing reality involving workers around the globe. In 2019, within the 272 million international migrants, 169 million people were estimated to be international migrant workers*. This number has been increasing steadily over the past couple of years, international migrant workers were estimated to be 150 million in 2013 and 164 million in 2017. Migrant workers represent an important share of all international migrants (62%), and an even greater share if we compare the number of international migrant workers with the number of migrants of working age (242 million). In this case the share of migrant workers represents 69% of the overall figure. Migrant workers: 169 million, 3,5% of world population, relatively stable as a share of population since 1990. Someone who is migrating primarily because of work. Main reason to migrate is for work, not war etc. Forced labour estimated to be about 28 million. - Gender balance: The global distribution of international migrant women workers varies from region to region and in some cases, for example in Northern, Southern, and Western European, women international migrant workers have a higher representation than men. The lower representation of women among international migrant workers is likely due to two reasons: (1) women are under-represented among international migrants of working age; and (2) women migrants have lower labour force participation than men migrants. - Working age people Regional distribution: Europe host a large share of totalt global migrant workers due to free movement. US stong economy that attracts workers, similar for EU. Students studying abroad are part of the statistic. The regional distribution of international migrant workers is uneven. Of the estimated 169 million international migrant workers, 113.9 million (67.4 per cent) are in high-income countries and 33 million (19.5 per cent) in upper-middle-income countries. Main regions of destination include Northern, Southern, and Western Europe (24,2 %), Northern America (22,1%) and Arab States (14,3%). Main regions of origin include Asia-Pacific (one-third of international migrants), Europe and Central Asia, and the Americas. It is important to note that migration is a complex phenomenon that affects every country and region of the world, and that significant movement of workers are taking place along South- South and North- South migration corridors. Sectoral distribution Migration is concentrated in certain sectors: - Services - Industry  - Agriculture The sectoral distribution of migrant workers shows that two-thirds of international migrant workers are in services (66,2%). The remaining third is distributed within industry (26,7%) and agriculture (7,1%). Changes observed over time tend to suggest declining employment in agriculture, stagnant employment in industry (in the specific case of women employment of international migrant workers in industry is also decreasing) and a rise of employment in the services sector. Pay gap between migrant and local worker In high-income countries, international migrant workers often experience inequal treatment with regards to non-migrant workers, notably with regards to wages. The “migrant pay gap” represents the difference in earnings between both categories of workers. According to recent ILO estimates, this gap is around 13 per cent on average and can go up to 42 per cent. Seaonal labour migration Article: The scramble to harvest 24 billion cherries, NY times magazine Student/trafficked - Selling opportunity to study in Malasia for people from Bangladesh - On arrival, passport was confiscated - Forced into construction work - University didn’t exist Recruitment process: many of the causes of forced labour are linked to the recruitment process. Indicators for forced labour, percentage of people experiencing. Debt traps: the loan is not necessarily very hig, but interest rate is extremely high, taking advantage of lacking financial literacy. Job opportunity -> selection -> pre-departure -> placement -> return to country of origin In the process of recruitment theres a lot of opportunity to exploit people. Fees: not just recruitment in it self, healthcare, transportation, certificates +++  According to the ILO, the term “recruitment” includes the advertising, information dissemination, selection, transport, placement into employment and – for migrant workers – return to the country of origin where applicable. This applies to both jobseekers and those in an employment relationship. It involves different steps and possible unfair practices (including the charging of fees) in each phase of the process. Job opportunities: recruitment starts when information on the existence of a job opportunity is shared. Unfair practices such as deception can happen at that moment, for example through the publication of false promises or information about the terms and conditions of employment. Selection, pre-departure and placement into employment: Recruitment processes can be complex and involve different private or public actors. The more intermediaries there are between the employer and the worker, the more risks there are of unfair practices. Return to the country of origin: For international migrant workers, recruitment does not end with the termination of the contract in the country of destination. The safe return to the country of origin is an integral part of the recruitment process. Payment One of the common problems workers face is the payment, directly or indirectly, of recruitment fees or related costs. It is important to understand the whole range of costs that workers end up paying. (Why is there a need to highlight the definition of recruitment fees and related costs? More importantly, the definition recognizes the principle that workers shall not be charged, directly or indirectly, in whole or in part, any fees or related costs for their recruitment. Nor should they be collected indirectly or directly – such as through the deduction of wages or benefits.) Definition of recruitment fees: 1. The terms recruitment fees or related costs refer to any fees or costs incurred in the recruitment process in order for workers to secure employment or placement, regardless or the manner, timing or location of their imposition or collection. 2. Recruitment fees or related costs should not be collected from workers by an employer, their subsidiaries, labour recruiters or other third parties providing related services. Fees or related costs should not be collected directly or indirectly, such as through deductions from wages and benefits.  3. The recruitment fees and related costs considered under this definition should not lead to direct or indirect discrimination between workers who have the right to freedom of movement for the purpose of employment within the framework of regional economic integration. What do recruitment fees include?: Payments for recruitment services - charged by a recruitment agency for the services of connecting a worker with an employer or with a view to finding them employment with a third party. These fees may be one-time or recurring and cover recruiting, referral and placement services which could include advertising, disseminating information, arranging interviews, submitting documents for government clearances, confirming credentials, organizing travel and transportation, and placement into employment Related costs: Related costs are expenses integral to recruitment and placement within or across national borders, taking into account that the widest set of related costs are incurred for international recruitment. When initiated by an employer, labour recruiter or an agent acting on behalf of those parties; required to secure access to process, the following costs should be considered related to the recruitment process: i. Medical costs: payments for medical examinations, tests or vaccinations; Ii. Insurance costs: costs to insure the lives, health and safety of workers. Including enrollment in migrant welfare funds; Iii. Costs for skills and qualification tests: costs to verify workers’ language proficiency and level of skills and qualifications, as well as for location-specific credentialing, certification or licensing; Costs for training and orientation: expenses for required trainings, including on-site job orientation and pre-departure or post-arrival orientation of newly recruited workers; Equipment costs: costs for tools, uniforms, safety gear, and other equipment needed to perform assigned work safely and effectively; Travel and lodging costs: expenses incurred for travel, lodging and subsistence within or across national borders in the recruitment process, including for training interviews, consular appointments, relocation, and return or repatriation; Administrative costs: application and service fees that are required for the sole purpose of fulfilling the recruitment process. These could include fees for representation and services aimed at preparing, obtaining or legalizing workers’ employment contracts, identity documents, passports, visas. Background checks, security and exit clearances, banking services, work and residence permits. Unscrupulous intermediaries can also further charge workers for any of the above. *** General Principles Doc Alongside reference to fair recruitment in this body of international labour standards, in 2013 the ILO Governing Body identified a need for further detailed guidance on fair recruitment. Instruments promoting guidance on Fair Recruitment: After extensive research and extensive review of good practices, the ILO hosted Tripartite Technical Meeting of Experts in 2016 and 2018 to negotiate a text that would later become the ILO General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs The principles and guidelines aim to inform the current and future work of the ILO and of other organisations, national legislators, and social partners on promoting and ensuring fair recruitment  The complementary definition of recruitment fees and related costs recognises the principle that workers shall not be charged directly or indirectly, in whole or in part, any fees or related costs for their recruitment To date, they constitute the most comprehensive global guidance on fair recruitment ILO General Principles and Operational Guidelines for Fair Recruitment The principles and guidelines derive from international labour standards and related ILO instruments among other sources and good practises. They are intended the cover the recruitment of all workers and cover all sectors of the economy. Including: migrant workers, whether recruited directly by employers or through intermediaries. The 13 General Principles stipulate that recruitment should respect human and labour rights, respond to labour market needs, ensure that no recruitment fees or related costs are charged to workers or jobseekers, and guarantee freedom of movement, to name a few. A distinction is drawn between the General Principles, which are intended to orient implementation at all levels and to all actors, and the Operational Guidelines, which address the responsibilities of specific actors in the recruitment process – such as: governments, enterprises and labour recruiters. They also highlight the important role of other stakeholders such as workers and employers’ organisations, and the media in promoting fair recruitment practises. Apple: how we work with our suppliers. Whole process to ensure fees paid during recruitment process for worker are being reimboursed back to the suppliers. Remittances: critical aspect of stability in receiving country OSH Fundamental prionciple, came after Bophal and Rana plaza Convention 155 and 187: a blueprint for progressive and sustained improvements towards the provision of safe and healthy working environments. Sets out principles for the establishment of a systems approach. 155: calls for adaptation of a coherent national OSH policy. Also requires action on national level ++ 187: systems approach to promoting safe and healthy working environments by establishment of national policies, systems and programs, with a view of fostering a national preventative OSH culture Principle of prevention: fundamental to OSH and well reflected in conventions. Violence and harassment Instruments Convention 190 – post mee to convention - Violence and harassment - Seeks to tackle sexual harassment - Broad remit o Also includes commuting  § People wouldn’t travel if it weren’t for work. Just starting to collect the data - Hard to collect - Different perceptions Violence and harassment is a widespread phenomenon, in all countries. It affects everyone, although some groups or certain occupations or work arrangements are more at risk. A range of factors can lead to or increase the risk of violence and harassment, such as poor working conditions, informality, stress, stigma and discrimination, working in contact with the public, working alone. - Crises exacerbate vulnerability, including risks to violence and harassment. Violence and harassment at work violate human rights and undermine mental and physical health, labour force participation, productivity and sustainable enterprises. What is violence and harassment? Violence and harassment: a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment. Gender-based violence and harassment: Violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately and includes sexual harassment. More than 1 in 5 persons in employment (22.8 per cent or 743 million) have experienced violence and harassment at work over their working life. Nearly 1 in 10 (8.5 per cent or 277 million) has experienced physical VH; Nearly 1 in 5 (17.9 per cent or 583 million) has experienced psychological VH; One in 15 (6.3 per cent or 205 million) has experienced sexual VH. Women were particularly exposed to sexual VH, men to physical VH. Youth, migrant, and wage and salaried women and men were more likely to face violence and harassment at work. More than 3 in 5 victims of violence and harassment at work said it has happened to them multiple times. Only half of victims have shared their experience of violence and harassment with someone. Respondents cited “waste of time”, “fear for their reputation” and “unclear procedures at work” as barriers to talk about their own experiences of violence and harassment at work. C190 and R206: Eliminating Violence and Harassment in the World of Work ILO Convention No. 190 (adopted in June 2019, along with R206) is the first international treaty to recognize the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment. C190 and R206 brings together the world of discrimination and occupational safety and health. They recognize different and complementary roles and functions of governments, employers and workers, with the varying nature and extent of their responsibilities. The Convention takes into consideration: the evolving nature of work;  the underpinning elements of violence and harassment; third parties as both victims and perpetrators; the groups, sectors, occupations and work arrangements more exposed to violence and harassment; accessibility as a core element that needs to be considered; linkages between domestic violence and the world of work Violence and harassment in the world of work Occurring in the course of, linked with or arising out of work. The workplace: - Public and private spaces, where they are a place of work - Places where worker is paid, takes a rest break or a meal - Sanitary, washing and changing facilities - Work-related trips, travel, training, events or social activities - Through work-related communications - Employer-provided accommodation - Commuting to and from work Freedom of association Freedom of association and the effective recognition of the right to collective bargaining: Area covered by 2 fundamental conventions: ü Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) ü Right to Organise and Collective Bargaining Convention, 1949 (No. 98) Freedom of association ensures that workers and employers can associate to negotiate work relations effectively. Combined with strong freedom of association, sound collective bargaining practices ensure that employers and workers have an equal voice in negotiations and that the outcome is fair and equitable. Collective bargaining allows both sides to negotiate a fair employment relationship and prevents costly labour disputes. Indeed, some research has indicated that countries with highly coordinated collective bargaining tend to have less inequality in wages, lower and less persistent unemployment, and fewer and shorter strikes than countries where collective bargaining is less established. Good collective bargaining practices have sometimes been an element that has allowed certain countries to overcome passing financial crises. ILO standards promote collective bargaining and help to ensure that good labour relations benefit everyone. Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - [ratifications ] This fundamental convention sets forth the right for workers and employers to establish and join organizations of their own choosing without previous authorization. Workers' and employers' organizations shall organize freely and not be liable to be dissolved or suspended by administrative authority, and they shall have the right to establish and join federations and confederations, which may in turn affiliate with international organizations of workers and employers. Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - [ratifications ]  This fundamental convention provides that workers shall enjoy adequate protection against acts of anti-union discrimination, including requirements that a worker not join a union or relinquish trade union membership for employment, or dismissal of a worker because of union membership or participation in union activities. Workers' and employers' organizations shall enjoy adequate protection against any acts of interference by each other, in particular the establishment of workers' organizations under the domination of employers or employers' organizations, or the support of workers' organizations by financial or other means, with the object of placing such organizations under the control of employers or employers' organizations. The convention also enshrines the right to collective bargaining. Workers' Representatives Convention, 1971 (No. 135) - [ratifications ] Workers' representatives in an undertaking shall enjoy effective protection against any act prejudicial to them, including dismissal, based on their status or activities as a workers' representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements. Facilities in the undertaking shall be afforded to workers' representatives as may be appropriate in order to enable them to carry out their functions promptly and efficiently. Rural Workers' Organisations Convention, 1975 (No. 141) - [ratifications ] All categories of rural workers, whether they are wage earners or self-employed, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations, of their own choosing without previous authorization. The principles of freedom of association shall be fully respected; rural workers' organizations shall be independent and voluntary in character and shall remain free from all interference, coercion or repression. National policy shall facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers as an effective means of ensuring the participation of these workers in economic and social development. Labour Relations (Public Service) Convention, 1978 (No. 151) - [ratifications ] Public employees as defined by the convention shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment, and their organizations shall enjoy complete independence from public authorities as well as adequate protection against any acts of interference by a public authority in their establishment, functioning or administration. Collective Bargaining Convention, 1981 (No. 154) - [ratifications ] Defines collective bargaining and calls for its promotion in all branches of economic activity, including public service. Mental health? - Psycological aspects of violence