15 Amendments of Max ORVILLE related to 2022/0269(COD)
Amendment 29 #
Proposal for a regulation
Recital 1
Recital 1
(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16. Forced labour covers a wide variety of coercive labour practices where work or service is exacted from persons that have not offered it themselves voluntarily.17 The ILO indicators used to investigate and identify cases of forced labour are abuse of vulnerability, deception, restriction of movement, isolation, physical and sexual violence, intimidation and threats, retention of identity documents, withholding of wages, debt bondages, abusive working and living conditions and excessive overtime.18a _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org). 18a https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- declaration/documents/publication/wcms_ 203832.pdf
Amendment 31 #
Proposal for a regulation
Recital 2
Recital 2
(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not The vast majority of forced labour cases was estimated to be imposed by private actors, in particular through forced labour exploitation (17.3 million people). This implies that notwithstanding the severity of state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators, the main problem lies within the private sector which accounts for 86% of all forced labour cases.18Therefore this Regulation must address economic operators in a way that clarifies what is expected from them, by laying out predictable and clear legislation. At the same time, economic operators who do not comply with this Regulation and continue to benefit from forced labour must be held responsible. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.
Amendment 36 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators and a demonstration of a state's failure to handle this type of economic operators.
Amendment 37 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
Amendment 38 #
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
Amendment 42 #
Proposal for a regulation
Recital 3
Recital 3
(3) The European Union is a global leader on responsible business conduct and business and human rights. The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 46 #
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union. This is crucial since forced labour exists in every region of the world. ILO estimates that the highest number of people in forced labour are in Asia in Pacific region, followed by the region of Europe and Central Asia. Meanwhile, this estimate is largely driven by the size of the population in those regions. When calculating forced labour as proportion of the population, the highest number is in the MENA region21awith an estimated 5.3 cases per thousand people.21b _________________ 21a Covers the following countries and territories: Bahrain, Iraq, Jordan, Kuwait, Lebanon, Occupied Palestinian Territory, Oman, Qatar, Saudi Arabia, Syrian Arab Republic, United Arab Emirates and Yemen. 21b ILO 2021 Global Estimates of Modern Slavery: https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf
Amendment 51 #
Proposal for a regulation
Recital 17
Recital 17
(17) The prohibitionmarketing ban, which enables the prohibition of import and export of products and services made with forced labour, should contribute to the international efforts to abolish forced labour. The definition of ‘forced labour’ should therefore be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination.31 The Commission should support the efforts to eradicate forced labour by providing a database, with the help of external expertise inter alia from the ILO, OECD, EEAS, social partners and civil society organisations. The database should provide regularly updated and verifiable information on forced labour risks in specific geographic areas where the existence of forced labour is known. Economic operators who continue trade with those regions should be able to prove that their business partners in those regions do not use forced labour. _________________ 31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.
Amendment 66 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) ‘vulnerable stakeholders’ means affected stakeholders that find themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including among others, sex, gender, age, race, ethnicity, class, caste, education, indigenous peoples, migration status, disability, as well as social and economic status, and includes stakeholders living in conflict- affected and high risk areas, which are the causes of diverse and often disproportionate adverse impacts, and create discrimination and additional barriers to participation and access to justice;
Amendment 75 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations, as well as the social partners;
Amendment 95 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provideprovide, with the help of external expertise inter alia from the ILO, OECD, EEAS, social partners and civil society organizations, an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products or services including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities and it should pay particular attention to the presence of vulnerable stakeholders in the specific product or service. Information listed in the database shall be evidence-based. When an economic operator trades with geographic areas listed in this database as high-risk of forced labour, the economic operator must be able to prove that no forced labour has been used.
Amendment 105 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network is chaired by the Commission and shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.
Amendment 110 #
Proposal for a regulation
Article 24 – paragraph 3 – point a
Article 24 – paragraph 3 – point a
(a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices, including by involving external actors where applicable, such as social partner organisations or civil society organisations;
Amendment 112 #
(b) conduct joint investigations, inside the European Union as well as in third- countries, in accordance with international law;
Amendment 117 #
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) coordinate and cooperate with third-country authorities, where applicable.