A/HRC/35/37
reasonable prices, without the aim of indebting or otherwise coercing the workers
concerned;
(n)
Mandatory residence in employer-operated residences is not a condition
of employment;
(o)
Withholding or confiscating passports, other identity documents or work
permits is prohibited; in cases where such documents are withheld by employers or
labour recruiters as per legal requirement, simple procedures are in place to allow the
workers direct and immediate access to the documents at any time;
(p)
Workers are not physically confined to the workplace and do not face
restrictions, including psychological intimidation and/or verbal threats, on their
freedom of movement outside working hours and in related premises, such as
dormitories or residences;
(q)
Workers, irrespective of their nationality and residence status, have the
right to join trade unions and bargain collectively.
67.
Multi-stakeholder initiatives should map all relevant stakeholders for each
specific standard, taking trade unions into special account, and ensure they are
actively involved in the determination of criteria and indicators in the standardsetting process and subsequent revisions. They should also ensure that gender
considerations are embedded in the standard when specific vulnerabilities based on
gender are identified within the industry or workplace affected by the standard.
Multi-stakeholder initiatives should consider establishing a capacity-building
programme adapted to each audience to equip stakeholders to participate in the
standard-setting and standard-revision processes.
68.
Multi-stakeholder initiatives should ensure that the criteria and indicators used
to determine compliance with each standard are adapted effectively to the specific
sector and activity the initiative covers.
69.
Multi-stakeholder initiatives should develop and implement capacity-building
activities to ensure that all stakeholders, including buyers, suppliers, labour
recruiters, workers, civil society organizations and trade unions, especially at the local
level, and their relevant partners understand the risks of trafficking in persons and
labour exploitation in their activities and in those of their business partners, and
should develop measures to be implemented to comply with the standards.
70.
Multi-stakeholder initiatives should consider establishing a platform with all
relevant stakeholders at the local level to discuss and coordinate measures to
implement the standards, challenges in the implementation and solutions.
71.
Multi-stakeholder initiatives should coordinate with other standards systems
owners to ensure that all standards on trafficking and labour exploitation are
consistent with international human rights instruments and labour conventions, and
avoid duplication of members’ efforts in demonstrating compliance with the
standards by sharing and coordinating assessment processes and results.
72.
Multi-stakeholder initiatives should cooperate with State authorities by sharing
lessons learned and experiences in standards implementation, to analyse gaps in
regulations and State policy regarding the elimination of trafficking in persons and
promote the adoption of a relevant legal framework and effective law enforcement
measures.
2.
Recommendations regarding the assessment process
73.
In establishing an assurance programme or certification system, multistakeholder initiatives should engage with workers and trade unions to ensure that
their concerns and feedback are taken into consideration and that they are informed
of the procedures through which they can provide input. Engagement should take
place not only during the assessments, but also during pre-audit consultation, the
assessment of assurance providers, the review of policies and procedures, and dispute
resolution.
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