EU PROPOSES A BAN ON GOODS MADE USING FORCED LABOUR INCLUDING CHILD LABOUR
On 14 September 2022, the European Commission presented a proposal for a regulation to prohibit products made using forced labour, including child labour, on the internal market of European Union (EU).
The proposed legislation fits
into the context of EU efforts to promote decent work worldwide. The proposal
covers all products made available within the EU market, meaning both products
made in the EU for domestic consumption and for export, and imported goods. The
provisions of the proposal would apply to products of any type, including their
components, regardless of the sector or industry. Member States would be
responsible for the enforcement of the regulation's provisions. Their national
authorities would be empowered to withdraw products made using forced labour
from the EU market, following an investigation. Customs authorities would
identify and stop products made using forced labour at EU borders. In
Parliament, the file has been referred to the Committee on the Internal Market
and Consumer Protection (IMCO).
The
EU directive on “Effectively banning
products produced, extracted or harvested with forced labour” aims to effectively
ban the placing on the EU market of products made wholly or in part by forced
labour (marketing prohibition). The ban would cover both domestic (EU) and
imported products to be combined with a robust, risk-based enforcement
framework. The new instrument will build on international standards and
complement existing cross-cutting and sectoral EU initiatives, in particular
the due diligence and transparency obligations. The enforcement would be
risk-based and likely be carried out by the relevant authorities of Member
States. The Commission would likely play a supportive role in these efforts to
encourage consistent enforcement across Member States, e.g., by issuing
guidelines and making information related to forced labour (e.g., reports on
forced labour) available.
On 23 February
2022, the European Commission published the draft Directive. It sets out
proposed EU standard for human rights and environmental due diligence. When
adopted, the directive will require companies to:
·
Integrate due diligence into company policies;
·
Identify actual or potential adverse impacts from
their operations on human rights and the environment;
·
Prevent and/or mitigate potential adverse impacts, and
mitigate or end actual adverse impacts;
·
Establish and maintain a complaints procedure;
·
Provide for directors’ responsibility and
accountability in relation to company’s Due Diligence programme;
·
Monitor the effectiveness of their due diligence
policy and measures; and
·
Publicly communicate on due diligence.
Forced labour, including forced
child labour, is still widespread across the world. The International Labour
Organization (ILO) estimates the global number of people in a situation of
forced labour at around 27.6million, including 3.3 million children.
Forced labour is defined by the
ILO forced labour convention as 'all work or service which is exacted from any
person under the threat of a penalty and for which the person has not offered
himself or herself voluntarily'.
It refers to situations in which
persons are coerced to work either through the use of violence or intimidation,
or by more indirect means such as manipulated debt, retention of identity
papers or threats of denunciation to immigration authorities.
The majority of forced labour
takes place in the private economy, while some is imposed by State authorities.
Forced labour can be found in a large number of sectors; some economic
activities, such as the service, textiles, mining and agriculture sectors, are
however particularly affected.
The European Commission proposal
builds on international standards and agreements as well as on EU commitments
and existing legislation, for instance on combating human trafficking and on
sanctions against illegal employment.
While there is EU legislation in
force to combat forced labour, neither existing nor pending legislation
includes a prohibition on placing and making available products made using
forced labour on the EU market. The new proposal would ban these products from
the market.
Tama
Farmers Trust Chief Executive Officer Nixon Lita has since said that his Organisation
is taking steps in sensitizing farmers to adapt quick transformative actions
that will not lead them into negative impacts of the ban. He said this during a
consultative meeting orgainised by the Employers Consultative Association of Malawi
(ECAM) with the EU consultants from India on Wednesday 1 March 2023.
Tama
Farmers Trust and Tea Association of Malawi made presentations in view of the
ban.
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