A/HRC/35/37
74.
The assurance programme must not only be based on third-party audit
mechanisms but also use monitoring schemes that include workers and trade unions
as an alternative source of information to allow an ongoing assessment of compliance
with the labour-related standards. If necessary, multi-stakeholder initiatives should
develop specific guidance to ensure that potentially vulnerable workers, such as
migrants, young people and women, are not excluded from monitoring mechanisms.
75.
The assurance programme must require that, during auditing exercises or
alternative monitoring mechanisms to assess indicators of labour exploitation,
sufficient time be allocated for auditors to interview workers, that any necessary
interpretation services be provided, that any arrangements necessary to address
gender concerns be made, that interviews be held outside the workplace if possible,
and that sufficient time be allocated for document review, management interviews,
interviews of other relevant stakeholders, such as local trade unions and communities,
and report writing.
76.
Multi-stakeholder initiatives should define indicators to assess the risk level of
clients and determine the intensity and frequency of audits. Such indicators should
take into account elements such as State ratification and enforcement of relevant
international conventions on human rights and labour standards; the existence of
regulatory regimes that regulate recruitment activities in accordance with
international standards and guidelines; the level of informality within the economic
sector in which the client operates; the percentage of vulnerable groups in the client’s
workforce, including the number of migrant, temporary, seasonal, contractual or
home-based workers; the level of complexity of the client’s labour supply chains; and
client’s previous record on these issues.
77.
Multi-stakeholder initiatives should ensure that an evaluation of labour
recruiters, when such recruiters are used by the supplier to recruit workers or as
employment agents, is included in the assurance process and that the abovementioned criteria and indicators that are under the control of those intermediaries,
as recruitment or employment agents, are applied. The results of the evaluation of the
labour recruiters’ compliance should be made an integral part of the evaluation of the
company’s compliance and have an effect on the determination of certification status.
78.
Multi-stakeholder initiatives should ensure that assurance providers and
auditors have demonstrated knowledge and experience in assessing compliance with
labour-related standards and in interviewing workers on an ongoing basis. When risk
indicators are identified, the initiatives should consider requiring the collaboration of
assurance providers and auditors with civil society organizations that are specialized
in victim identification and that provide specialized services for trafficked persons.
Multi-stakeholder initiatives should ensure that specialized services address gender
concerns and that services are offered to both men and women. They should also
consider including forced labour and human trafficking experts in oversight bodies.
79.
Multi-stakeholder initiatives should provide specific training to auditors and
assurance providers on trafficking in persons to improve their skills in risk detection
and evaluation of risk indicators; the training should also cover how to interview
workers and should raise awareness of worker vulnerabilities, including those related
to gender or migration status.
80.
Multi-stakeholder initiatives should consider engaging with auditors and other
monitoring mechanisms when designing and establishing auditing protocols and
monitoring modalities to ensure that they are effective for identifying risk indicators
in practice.
81.
Multi-stakeholder initiatives should develop specific deep dive audit protocol
modules on trafficking in persons indicators and guidance to be used when predefined
red flags of trafficking and forced labour are first detected, allowing auditors to
enlarge the audit scope and uncover the full extent and depth of the problem.
82.
Non-conformity with human trafficking and forced labour standards should
entail suspension of certification or any other envisioned sanction of a similar nature
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