A/HRC/35/37
timelines and deliverables in order to make it possible to measure improvement in the
implementation of the company’s policy.
91.
Companies should review and modify purchasing practices that could have a
negative impact on the workplace conditions of their suppliers, including the setting of
delivery deadlines that will expose workers to non-voluntary overtime or force
suppliers to hire workers for peak periods under worse working conditions or through
employment agencies.
92.
Companies should consider publicly disclosing the names of their suppliers, as
well as policies and measures implemented to ensure the compliance of suppliers to
the company policy, with reference to, inter alia, cases of non-compliance and
corrective action taken.
93.
Companies should map the labour supply chains of their suppliers to identify
risks, especially regarding recruitment practices; request full disclosure of the names
of suppliers’ contractors; and develop and implement a capacity-building programme
for suppliers to improve their awareness of risk indicators and to assist them in
implementing measures to demonstrate their compliance with the company’s
standards and policies on trafficking in persons and forced labour, including
measures for monitoring the practices of their labour recruiters.
94.
In cooperation with other businesses and suppliers, and after an evaluation of
risk indicators and a mapping of suppliers’ supply chains, companies should invest in
the assessment and monitoring of second-tier suppliers. Also in cooperation with other
businesses and suppliers, companies should establish a capacity-building programme
to improve the compliance of second-tier suppliers with standards on trafficking and
forced labour.
95.
Companies should establish or participate in an operational-level grievance
mechanism, in accordance with the Guiding Principles on Business and Human
Rights, and cooperate with State-based judicial and non-judicial grievance
mechanisms. In designing and establishing the mechanisms, companies should engage
with workers, with worker representatives and with civil society organizations that
have expertise in issues of trafficking in persons and labour exploitation.
96.
Companies should establish a remediation plan in cooperation with the supplier
and local and national authorities when a case of trafficking in persons is detected, in
order to ensure that workers have effective access to remedies, including
compensation, and to appropriate assistance. Any measure adopted should have a
human rights-centred approach and be based on the rights of the trafficked person,
whose participation in the determination of a solution for their case should be ensured
throughout the process. Companies should ensure that, with regard to access to the
grievance mechanism and the remediation plan, they consider the specific barriers
faced by, and the vulnerabilities of, migrant workers, contract workers, young people
and women.
D.
1.
Recommendations to States
Ratification of international instruments
97.
States should ratify all relevant international instruments prohibiting
trafficking in persons, forced labour, slavery and slavery-like practices, including the
Protocol of 2014 to the Forced Labour Convention, 1930, align their domestic
legislation with international standards, criminalize all forms of trafficking in persons
and impose adequate penalties for violations.
2.
Legislation on transparency
98.
States should:
(a)
Adopt effective legislation requiring transparency in supply chains,
human rights due diligence throughout supply chains, public reporting and disclosure
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