A/HRC/38/48
derived from slavery if American domestic production could not meet demand. Section 307
prohibits the importation of merchandise mined, produced or manufactured, wholly or in
part, in any foreign country by forced or indentured child labour.62
89.
Since 2016, U.S. Customs and Border Protection has issued four orders to seize 50
shipments of goods suspected to have been made with forced labour. There were no
seizures between 2001 and 2015. On 2 August 2017, Congress passed the Countering
Americas Adversaries through Sanctions Act, which contains a provision affecting the
entry of merchandise with a nexus to forced labour by North Korean nationals. Since then,
there have been 15 seizures of merchandise believed to have been made using North
Korean forced labour.63
90.
There are other examples of States linking import and export licensing and customs
clearance to human rights issues. Trade in conflict minerals, illegal logging and conflict
timber, and endangered species are other areas where States have acted to restrict the flow
of goods that are associated with higher risks of human rights abuses. 64 Companies
involved with global supply chains in relevant sectors must engage in human rights due
diligence and impact assessments to comply with import and export restrictions. As such,
the use of export and import controls is another useful tool that allows States to implement
their duty to protect under pillar I of the Guiding Principles.
V. Conclusions and recommendations
A.
Conclusions
91.
Many States have established export and trade promotion services as part of
their economic development strategies to promote export-driven growth. At the same
time, trade and exports and imports of goods in global supply chains can have
significant adverse human rights impacts.
92.
Guiding Principle 4 of the Guiding Principles on Business and Human Rights
reminds States that their duty to protect rights holders from corporate human rights
abuses includes a responsibility to condition public support for trade and investment
promotion, such as export credits, on corporate respect for human rights. In addition
to export credits, there are a range of additional services that States provide to
companies that desire to export, including participation in trade missions, trade
advocacy, general guidance on exporting into foreign markets, embassy services in
overseas markets, and training and other resources.
93.
To date, very little has been done in terms of States fulfilling their obligation
under Guiding Principle 4. One area where progress is being made is with respect to
the training of trade and embassy personnel on the Guiding Principles. Some States
are also providing toolkits and guidance to help businesses address human rights due
diligence in their cross-border trade.
94.
There remains much to be done in terms of States aligning their trade
promotion with the Guiding Principles and promoting a race to the top. States have
done more in the way of tying trade support to commitments from businesses not to
engage in bribery and to act with integrity. Where States already screen companies
for trade promotion or require an integrity or no-bribery pledge, such commitments
should be expanded to encompass a commitment to respect human rights.
95.
In the area of export credits, with the exception of a few OECD-based export
credit agencies, most State-supported or public export credit agencies currently
appear not to be actively using the Guiding Principles as part of their decision-making
62
63
64
18
See, for example, www.cbp.gov/trade/trade-community/programs-outreach/convict-importations.
See www.cbp.gov/newsroom/blogs/tftea-two-years-and-counting.
See Oli Brown and others, eds., Trade, Aid and Security: an Agenda for Peace and Development
(London, Earthscan, 2007).
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