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A compendium by

The Human Rights


Opportunity
15 real-life cases of how
business is contributing to the
Sustainable Development Goals
by putting people first

in collaboration with
“The Human Rights Opportunity: About Shift
15 real-life cases of how business
is contributing to the Sustainable Shift is the leading center of expertise on the UN Guiding Principles
Development Goals by putting on Business and Human Rights. Shift’s global team facilitates
people first” dialogue, builds capacity and develops new approaches with
companies, government, civil society organizations and international
Shift, New York, July 2018 institutions to bring about a world in which business gets done with
respect for people’s fundamental welfare and dignity. Shift is a non-
© 2018 Shift Project Ltd. profit, mission-driven organization.

Shift was established following the 2011 unanimous endorsement


Acknowledgements
of the Guiding Principles by the UN Human Rights Council, which
These case studies are authored marked the successful conclusion of the mandate of the Special
by Sara Blackwell, with support Representative of the UN Secretary-General for Business and Human
from Caroline Rees and Francis Rights, Professor John Ruggie. Shift’s founders were part of Professor
West. Shift is grateful to the Ruggie’s core advisory team that helped develop the Guiding
Governments of Sweden and Principles. Professor Ruggie is the Chair of Shift’s Board of Trustees.
Norway for their generous www.shiftproject.org
financial support, which made this
Follow us on Twitter and LinkedIn
work possible, and to all those
who participated in the extensive
interview and review processes About WBCSD
that fed into this report.
The World Business Council for Sustainable Development (WBCSD)
Proofreading, formatting, and is a global, CEO-led organization of over 200 leading businesses and
printing support was generously partners working together to accelerate the transition to a sustainable
provided by the World Business world. WBCSD helps its member companies become more
Council for Sustainable successful and sustainable by focusing on the maximum positive
Development (WBCSD). Shift impact for shareholders, the environment and societies.
also thanks the Danish Institute
for Human Rights and the UN WBCSD member companies come from all business sectors and
Global Compact for additional all major economies, representing combined revenues of more
inputs into this project. than USD $8.5 trillion and 19 million employees. The WBCSD global
network of almost 70 national business councils gives members
unparalleled reach across the globe. WBCSD is uniquely positioned
Cover photo credits to work with member companies along and across value chains
to deliver impactful business solutions to the most challenging
Carlos Amarillo/Shutterstock.com
sustainability issues.
Xiao Yu/Shutterstock.com
Igor Grochev/Shutterstock.com Together, we are the leading voice of business for sustainability:
Asantha Abeysooriya/Unsplash. united by our vision of a world where more than 9 billion people are all
com living well and within the boundaries of our planet, by 2050.
www.wbcsd.org

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The Human Rights Opportunity | July 2018 2


Contents

1 Preface | 4

2 Introduction | 5

3 Living wages | 11
H&M’s Fair Living Wage Strategy | 15
Egedeniz Textile’s Living Wage Project | 20
ACT (Action, Collaboration, Transformation) | 22
Malawi Tea 2020 | 25
Key takeaways on living wages | 28

4 Forced labor | 29
HP’s Foreign Migrant Worker Standard | 33
Responsible Labor Initiative (RLI) | 36
Penguin Apparel’s efforts to combat Sumangali schemes | 38
Seafood Task Force | 40
Issara Institute’s Strategic Partners Program | 42
Key takeaways on forced labor | 46

5 Gender equality | 47
Inditex’s Sakhi Health and Gender Equity Project | 51
The Better Strawberries Group | 54
The Fair Food Program | 57
Key takeaways on gender equality | 61

6 Land rights | 62
De Beers and the Snap Lake Environmental Monitoring Agency | 66
PepsiCo’s Participation in Oxfam’s FAIR Company-Community Partnerships | 69
Total’s Community Liaison Officer Approach to Dialogue with Indigenous Groups in Bolivia | 72
Key takeaways on land rights | 75

7 Annex | 76

8 Endnotes | 83

The Human Rights Opportunity | July 2018 3


1

Preface
This compendium brings together two global agendas
that Shift and WBCSD believe to be driving forces
towards a positive and sustainable future, and where
business has a crucial role to play: the achievement of
the Sustainable Development Goals (SDGs), and the
realization of universal human rights for all.
It is well recognized that the and Human Rights (UNGPs) challenges to people across the
SDGs will not be achieved represent the global standard globe: in-work poverty, modern
without meaningful engagement on the business responsibility slavery, discrimination, and land
by the private sector. Business to respect human rights. In this rights. By doing so, they aim to
serves an essential role as a publication, we highlight that support livelihoods that enable
source of finance, as a driver of business respect for human people to live well and to work
innovation and technological rights is more than a requirement with dignity, security, freedom
development and as a key to “do no harm.” By proactively and opportunity. Contexts vary,
engine of economic growth implementing the key tenets of and none of these cases would
and employment. the UNGPs, companies have the claim to be perfect. But they are
potential to break down significant all a substantial step in the
It is less well recognized that barriers to development and right direction.
embedding respect for human positively impact the lives of
rights in company operations millions of the most vulnerable With this collection of robust
and along corporate value chains individuals in society. case studies, we hope to inform
is one of the most significant and inspire meaningful business
opportunities business has to The companies featured action, and invite companies,
advance the SDG agenda. The UN herein are tackling some of the partners and stakeholders to work
Guiding Principles on Business most complex and damaging with us to support the SDGs.

Caroline Rees
President and Co-Founder
Shift

Peter Bakker
President and CEO
WBCSD

The Human Rights Opportunity | July 2018 4


2

Introduction

The Human Rights Opportunity | July 2018 5


Business and often called the SDGs or Global for business to be part of the
the Sustainable Goals, to be achieved by 2030. transformative change for
Development Goals The Global Goals reflect a shared people and planet that our world
resolve across all states “to end needs and to recognize the
poverty and hunger everywhere; enormous benefits to be gained
“Meeting the needs of the
to combat inequalities within for business along the way.
present without compromising
and among countries; to build
the ability of future generations In the words of the commission:
peaceful, just and inclusive
to meet their own needs.”1 “We see the next 15 years as
societies; to protect human rights
This definition of sustainable critical, with change starting
and promote gender equality and
development was first set out now and accelerating over the
the empowerment of women and
in 1987 by the Brundtland period. Business as usual is not
girls; and to ensure the lasting
Commission, an international an option: choosing to ‘kick the
protection of the planet and its
body chaired by the former can down the road’ over the next
natural resources.”2
Prime Minister of Norway, four years will put impossible
Gro Brundtland. From the time the SDGs were environmental and social strains
being developed, governments, on a stuttering global economy.
In practice, this means that
companies and civil society But if enough leaders act now
sustainable development is both
organizations alike have and collectively, we can forge a
about our planet – its natural
recognized the indispensable different path, one that eases
resources and how we use and
contribution that business can the burden on finite resources
depend on them – and about
make to achieving these goals. and includes those currently
people – all of us who live on the
The World Economic Forum left behind or excluded from
planet and our ability to advance
established the Business & the market, helping to address
our lives with dignity and hope.
Sustainable Development today’s political grievances.”3
In 2015, all governments of the Commission in 2016 to look
world came together under the further at the role of business.
umbrella of the United Nations In January 2017, it published
(UN) and agreed on a set of 17 its Better Business, Better
Sustainable Development Goals, World report: a call to action

The Human Rights Opportunity | July 2018 6


From Business respect for human Understanding the
pronouncements rights is not an abstract idea but role of business
to practice a clear responsibility set out in respect for human
2011 when the UN Human Rights rights
Council unanimously endorsed
But words are easy. Delivering is
the UN Guiding Principles on
much harder. With 17 Sustainable Hundreds, if not thousands,
Business and Human Rights.
Development Goals and 169 of companies have made
related targets, there is a risk that The UN Guiding Principles considerable progress in the
companies feel overwhelmed set the blueprint for what this implementation of the UN Guiding
and don’t know where to start. responsibility means in practice: Principles over the past several
The temptation is then simply to conducting human rights due years. Yet too many companies
repackage what they already do diligence on an ongoing basis to still see respect for human rights
in the wrapping of the SDGs or to identify human rights risks and as something separate from the
focus on certain SDGs based on impacts across the company’s role they can play in contributing
the ease, rather than the impact, operations and value chain; to the SDGs. Respect for human
of those choices. taking action to address them; rights is often viewed as simply a
tracking and communicating matter of compliance: something
This is not to suggest that to “do first” and then move on
on progress; and playing an
businesses have to address all from; something necessary but
appropriate role in ensuring
Global Goals. Rather, companies uninspiring; something that is just
remedy is available to anyone
need to adopt a principled and about risk management or “doing
who is nevertheless harmed.
coherent approach to identifying no harm” and nothing to do with
These central requirements
the SDGs through which they positive change or opportunity.
of the corporate responsibility
can maximize their contribution When companies think about
to respect human rights
to achieving the change the how to offer leadership and
are increasingly embedded
world needs. make a positive contribution to
in international standards,
Human rights are central to any national regulations, investor the Global Goals, they often look
such principled and coherent expectations, industry codes elsewhere for inspiration.
approach. They embody the and principles, and civil society
That’s a mistake. And it’s quite
essential conditions that all of benchmarks and demands.
different from how the “planet
us need if we are to live lives part” of sustainable development
Moreover, the benefits for
of dignity and equality. is typically understood.
business of respecting human
They include our rights to be Companies know the power
rights are more and more
treated decently at work, to be and value of tackling negative
apparent: improved recruitment
free to express our opinions environmental impacts right
and retention of staff; increased
and beliefs, to have privacy across their value chain. These
productivity and business
and be free from harassment, efforts form the backbone
continuity; a more secure and
abuse or discrimination; and our of every company’s positive
enhanced reputation; and the
rights to access clean drinking contribution to the environmental
opportunity to become an
water, sanitation, healthcare aspects of the SDGs.
investment, a business partner
and nutrition.
and a brand of choice. Moreover,
It should be no different when
There can be no sustainable a world in which children no
it comes to people. Companies
development in which people are longer have to work is one that
(and states) that view business
deprived of such fundamental ensures an educated workforce
respect for human rights as
rights. So, it is no surprise that for the future. A world in which
simply a compliance or “do no
human rights are woven into the people can earn decent wages
harm” proposition will miss its
fabric of the Global Goals. is one in which they become
power to bring transformative,
consumers of the future. A world
This also means that when positive change to people’s lives
in which people have freedom of
companies look at their own and make a major contribution
expression and equality is one in
role in contributing to the Global to the “people part” of the SDGs.
which democracies and the rule
Goals, respect for human rights of law strengthen, providing the
needs to be integral to their predictable and secure context
strategy and actions. that business needs to thrive.

The Human Rights Opportunity | July 2018 7


For example: Of course, there are other Towards principled
important ways to contribute and coherent SDG
• When a company tackles to the SDGs as well – through
gender discrimination or
strategies
the development of beneficial
sexual harassment across its products, services or investments
workplaces, it isn’t just “doing What does a principled and
that advance human welfare and
no harm”; it is trying to change coherent SDGs strategy mean
tackle climate change. While not
often long-standing behaviors in practice? It means that
every company will find such
both in work and beyond, so businesses need to think about
opportunities, these additional
that women can pursue their the people part of sustainable
kinds of innovation are desperately
work and home lives with development just like they do the
needed wherever they are
dignity and security. planet part.
possible if we are to achieve the
ambitious Global Goals. First, companies should work out
• When a company plays its
part in rooting out forced labor where the salient (most severe)
Yet there cannot be a trade-
from its supply chain, risks to people and planet are
off between these two means
it isn’t just “doing no harm”; within their operations and value
of contributing to the SDGs:
it is working to lift people out chains and map those priorities to
tackling salient risks on the
of misery and bondage and the most relevant SDGs and SDG
one hand and providing
into a life of new freedom targets. Then they need to tackle
beneficial products, services
and hope. those risks in ways that maximize
or investments on the other.
positive outcomes and therefore
When companies pursue
• When a company engages support the Global Goals.
“green” or “social” initiatives
with communities around its
but fail to tackle human rights Second, companies should
operations to hear their fears
impacts in their operations and see if and how they can provide
and concerns and works
value chains – including risks beneficial products, services or
with them to find solutions,
that may be embedded in the investments that bring positive
it isn’t just “doing no harm”;
delivery of those otherwise impacts to people and planet
it is empowering them to be
beneficial initiatives – they and contribute to additional
partners in decisions that
end up contributing to society SDGs. Critically, they must make
affect their lives and to claim
with one hand and taking away sure to develop and deliver those
that same treatment from
with the other. By contrast, new innovations with respect for
their government and other
when companies take a people and planet along the way.
organizations.
coherent approach to their
All these efforts start in response SDGs strategies – looking at By bringing these two steps
to a severe negative impact on everything they do and how they together (see Figure 1 below),
people’s human rights that the do it – they can drive meaningful companies can develop a
company has identified as being and sustainable progress for the strategy for the SDGs that
connected with its business. benefit of both the world and enables them to prioritize their
These most severe impacts their own business. efforts and be true to their
are often called “salient” risks business, what it does and
or issues.4 But in each case, where it works; a strategy that
the company’s aim is not just is neither just relabeling things
to avoid harm; it is to deliver they already do nor picking
meaningful, positive outcomes ideas based on what is easily
in the lives of the people who are done; instead, a strategy that
affected. Every single company, is principled, coherent and
large or small, can make this kind capable of bringing our world
of difference. closer to a sustainable future.

The Human Rights Opportunity | July 2018 8


Figure 1:

The Human Rights Opportunity | July 2018 9


Stories from the Living wages: The provision of Some of these cases tell the
real world wages that are “enough to meet story of individual company
basic needs and to provide some initiatives; some of multiple
The case studies that follow discretionary income.”6 companies working together.
are examples of how deliberate, Many involve collaboration
Gender equality: “Any with trade unions, civil society
thoughtful, innovative efforts by distinction, exclusion or
companies to address human organizations and/or government
restriction made on the basis partners as part of the formula to
risks in their operations or value of sex which has the effect
chains can deliver a significant leverage change. Many take place
or purpose of impairing or in poorer countries or emerging
contribution to the people part of nullifying the recognition,
sustainable development. market economies, but some
enjoyment or exercise by are also in developed states
The case studies are illustrative women…of human rights and where human rights risks can
rather than exhaustive. fundamental freedoms.”7 also abound. Some are quite well
They focus on how different advanced and already showing
Land-related human rights:
companies, individually and their value for both the people
Where access to, use of and
through collaborative initiatives, affected and the companies
control over land directly affect
are tackling one of four human involved in measurable terms.
people’s enjoyment of human
rights issues that are often Others are at an earlier stage
rights. For example, “[f]or
salient in companies’ operations but hold the seeds of enormous
many people, land is a source
or value chains. These are: potential to bring transformative
of livelihood, and is central
change. None claim to be perfect.
Forced labor: The use of work to economic rights. Land is
All are a substantial step in the
or service “which is exacted also often linked to peoples’
right direction.
from any person under the identities, and so is tied to social
threat of a penalty and for which and cultural rights.”8 We hope these case studies will
the person has not offered inspire businesses to harness
himself or herself voluntarily.”5 innovation, leadership, influence
and partnerships to tackle risks to
people’s basic dignity as human
beings, right across their end-to-
end value chains, and in doing so
make sustainable development a
reality in people’s daily lives.

iStock.com/wilpunt

The Human Rights Opportunity | July 2018 10


3

Living wages
Asantha Abeysooriya/Unsplash.com

The Human Rights Opportunity | July 2018 11


Every day, workers head As illustrated in Figure 2, and
to factories, fields, mines, depending on the specifics
warehouses and other job sites More than 450 million of the relevant corporate
across the world. There, they put people work in initiative, the provision of a
in a full day’s work, contributing global supply chain- living wage may contribute to
their time and labor to ensure the related jobs.10 When the achievement of an array of
smooth running and expansion combined with these Global Goals, including:
of businesses and, in many workers’ families, the
cases, the development of number of individuals • Goal 1: End poverty in all its
national economies as well. directly affected forms everywhere13
by wage-setting in
Yet, despite this contribution, global value chains • Goal 2: End hunger, achieve
day in and day out, many of rises to 2 billion.11 food security and improved
these workers go home at the nutrition and promote
end of their long work days sustainable agriculture14
and still struggle to meet their
• Goal 3: Ensure healthy lives
basic needs and those of their In general terms, a living
and promote well-being for all
families. Minimum wage laws in wage is the minimum income
at all ages15
their countries may be weak or necessary for a worker and
unenforced. The wages and any their family to meet basic • Goal 4: Ensure inclusive and
in-kind earnings they do receive needs, including some equitable quality education
are simply not enough to cover discretionary income.12 In and promote lifelong learning
essentials such as nutritious many cases, a living wage is opportunities for all16
food, clean water, sanitary considered to be higher than
housing, affordable health care, the minimum wage set by • Goal 5: Achieve gender
and opportunities for education. national laws. equality and empower all
women and girls17
What this looks like in
practice is very likely to vary • Goal 6: Ensure availability and
More than 340 million across contexts and even sustainable management of
workers are currently within countries. But, as the water and sanitation for all 18
living with their families case studies below aim to
on less than US$1.90 • Goal 7: Ensure access to
demonstrate, there are credible
per person per day.9 affordable, reliable, sustainable
processes out there that are
and modern energy for all 19
starting to set and implement
living wages in real ways. • Goal 8: Promote sustained,
The private sector’s role in these inclusive and sustainable
The provision of living wages for
workers’ lives is immense. Wage- economic growth, full and
workers in global value chains
setting by employers – which in productive employment and
could contribute to supporting
turn is regulated by governments decent work for all 20
entire families and communities
and often influenced by the
in surfacing from conditions of • Goal 10: Reduce inequality
purchasing practices of those
poverty, fueling the economic within and among countries21
employers’ business partners
and social development called
– directly impacts the ability of
for by both public and private • Goal 11: Make cities
these workers to live lives of
actors in their endorsement of and human settlements
dignity, through which their
the SDGs. inclusive, safe, resilient and
most basic rights as human
sustainable22
beings are met. Among others, the human rights
to freedom of association, • Goal 13: Take urgent action to
Given this role, companies
collective bargaining and non- combat climate change and
across sectors and geographies
discrimination are key drivers its impacts23
are asking, “What exactly is a
in supporting the provision of
living wage?” and “How can the
a living wage, which in turn can
provision of living wages be
contribute to the fulfillment
realistically achieved?”
of the human rights to food,
water, health, adequate housing,
education, family life, fair working
hours and so on.

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Figure 2: Rights related to living wages and how they link to various SDGs. See the Annex for a list of
associated SDG targets.

The Human Rights Opportunity | July 2018 13


So, how are companies currently • Brands and trade unions are The case studies below explore
demonstrating respect for collaborating at the global each of these innovative and
human rights and supporting a level: A coalition of textile and evolving models in more detail.
world in which these goals can garment brands are banding Each case study captures
become a reality – a world in together with global and publicly available information
which workers earn living wages local trade unions to support on the initiative, alongside
such that they and their families industry-wide collective experiences and opinions from
are meeting their basic needs? bargaining between workers various actors involved.
and their employers to
Examples illustrated by the case establish legally enforceable The following summaries do not
studies below include: requirements at the country claim to give a definitive account
level, taking wages and of a specific initiative or of all
• An individual brand perspectives on that case study;
working conditions out of
is developing and instead, they are intended to
industry competition.
implementing cross-cutting serve as illustrative examples
strategies: A global apparel • Local value chain actors of how action toward corporate
company is enhancing wage and other stakeholders are respect for human rights can
management systems at collaborating at the national make a critical contribution to
the factory level and pro- level: Key actors in the Malawi the achievement of various goals
worker engagement with tea supply chain are joining and targets under the SDGs.
governments and suppliers forces to tackle the root causes
alongside its participation in of endemic poverty among
collaborative initiatives. Malawian tea workers, paying
particular attention to impacts
• A manufacturer is
on women both on tea estates
proactively engaging its
and on smallholder farms.
buyers: A textile producer
in Turkey is working in
partnership with its buyers
to support living wages in
specific production units until
broader changes are made at
the national level.

iStock.com/LSP1982

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H&M’s Fair Living Wage Strategy
Improving wage management systems and industrial relations as a global brand

Figure 2a: Rights related to H&M’s Fair Living Wage Strategy and how they link to various SDGs.

RIGHTS TO:
Work
RIGHT TO:
Family life
An adequate
Freedom of association and standard of living
collective bargaining
Just and favorable RIGHT TO:
conditions of work Food and
Reasonable nutrition
working hours

RIGHTS TO:
RIGHT TO:
Housing H&M’S FAIR Health
Life
LIVING WAGE
STRATEGY
RIGHTS TO:
RIGHTS OF: Education
Minorities Protection
for the child

RIGHTS TO:
RIGHT TO: Equal protection
Water Non-discrimination

Multi-stakeholder
partnerships

The challenge through the company’s activities In implementing the strategy,


and business relationships.27 the company defines a living
Over 1.6 million people work in the wage as “a wage which satisfies
factories that supply H&M apparel, At the center of the company’s the basic needs of employees
65% of whom are women.24 work on this issue is H&M’s and their families and provides
Fair Living Wage Strategy.28 some discretionary income such
There is thus little question about Launched in 2013, it is the first as savings. It should be revised
the scale at which this global comprehensive wage strategy annually, and negotiated with
apparel brand has the ability undertaken individually by a democratically elected worker
to contribute to sustainable global brand. representatives.”29
development by supporting
the provision of living wages to
workers in their supply chain.25 “We developed our global Fair Living Wage Strategy in
2013 with guidance from multiple experts, trade-unions
The response and NGOs. The strategy focuses on governments,
factory owners, our own purchasing practices and most
Acknowledging the substantial crucially, workers. The strategy is both interlinked with
number of individuals involved and dependent on well-functioning industrial relations,
in its global supply chain, H&M including collective bargaining. Therefore, it is crucial for
has identified and prioritized all parties involved to work together for the strategy to
living wages as one of its salient really come to life.”
human rights issues26 – defined
as the human rights at risk of the The H&M Group Sustainability Report 201730
most severe negative impacts

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Key aspects of the initiative These programs support According to H&M:
the establishment of
H&M’s Fair Living Wage Strategy, democratically elected worker • By the end of 2017, 458
which the company has refined representation at strategic factories were enrolled in
since its launch in 2013 based suppliers, which can lead to the the company’s workplace
on its stakeholder engagement establishment of trade unions dialogue and industrial
and involvement in various if the employees so choose. relations programs,
collaborative initiatives, has representing 52% of H&M’s
four main components and The programs also include total product volume. In
respective results so far:31 training at the factory level 2018, an additional 223
on workplace cooperation, factories are enrolling in
1. Workplace dialogue negotiation skills, collective these programs.
and industrial relations bargaining and labor law.
programs to facilitate The global union federation • More than 600,000 factory
positive communication IndustriALL, the Swedish workers are directly covered
and negotiation on wage trade union IF Metall, by democratically elected
increases and other the International Labour worker representation
working conditions Organization (ILO), and through these programs.
between (a) employers and the Swedish development
employees at the factory • The programs are currently
agency Sida are key partners
level and (b) employer run in Bangladesh,
in several of these programs. Cambodia, China, Ethiopia,
associations and trade
unions at the national level. India, Indonesia, Myanmar
and Turkey.

• In 2017, democratically
elected worker
representation was in place
at suppliers representing
52% of the company’s
product volume.32

“At H&M group, we believe that well-functioning industrial relations are crucial to
the creation of fair jobs. Good relationships between workers and management
and effective interactions and negotiations on factory, industry and country
level, promote good working conditions and better wages. Good labour relations
also support stability and performance in our production markets.”

The H&M Group Sustainability Report 201733

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2. Fair Wage Method to According to H&M: • Implementation of the
ensure that wage-setting Fair Wage Method takes
takes the individual • Systems taking the place in Vietnam, China,
worker’s skills, experience, Fair Wage Method into Cambodia, Bangladesh,
performance, and consideration are being Turkey, Myanmar, India,
responsibility into full implemented at an and Indonesia.
consideration. increasing number of
factories: 140 at the end • Approximately 200 factories
The Fair Wage Method, of 2016 (representing 29% will also be enrolled in
developed by the Fair Wage of H&M’s total product the Wage Management
Network and based on volume), 228 at the end of System Program internally
twelve dimensions, supports 2017 (representing 40% developed by H&M.
the creation of holistic pay of H&M’s total product
structures that enable and volume), and a total of • Implementation of the
sustain fair living wages and 336 by the end of 2018, Wage Management System
facilitate improved dialogue superseding H&M’s goal of Program takes place in
between employers and 50% of the total product Bangladesh, Turkey, Ethiopia,
employees at the volume by the end Pakistan, India, Indonesia,
factory level.34 of 2018.35 China, and Cambodia.

Distinct from an audit


approach, the Fair Wage
Method focuses on
partnerships with factories,
stores, and brands to assess
wage practices through “Living wages are key to the Fair Wage Method –
worker and management wages paid to workers should be sufficient to cover
surveys, identify root their needs and those of their families. But you also
causes, and implement have to look at broader pay systems to ensure that
improvements, including the provision of a living wage is comprehensive and
within Human Resources sustainable. For instance, is the wage level being
policies and practices. adjusted based on each worker’s skills, education,
and experience levels? How are you improving
fairness and efficiency of pay systems through
pay-to-performance related pay? What systems
are in place to ensure that wages are paid on time
and that hours are fair? How is wage setting being
communicated to workers and influenced by
dialogue with those workers?

H&M is taking this broader approach, starting with


extensive assessments at the factory level that go
beyond audits and then proactively engaging with
suppliers and workers to come up with remediation
plans that have positive incentives baked in. Small
and medium-sized enterprises can do this as well
– it’s not about the size of the company. It’s about
shifting mentalities and using the right levers to
modify systems in a positive way.”

Daniel Vaughan-Whitehead, Fair Wage Network36

The Human Rights Opportunity | July 2018 17


3. Strategic collaborations in This agreement is already Pakistani affiliate NTUF and
recognition that H&M shares demonstrating its value local management of the
its suppliers with many and has facilitated conflict Denim Clothing Company
other brands, meaning resolution between workers factory for joint negotiations,
that living wages are an and management within which resulted in the
industry-wide challenge H&M’s supply chains.37 reinstatement of 88 workers
that must be tackled in Implementation of the after they had been fired for
partnership with others. agreement has been demanding better working
mainly channeled through conditions at the factory.39
Here, H&M’s membership the National Monitoring
in the ACT (Action, Committees (NMCs) that Moreover, the company
Collaboration, Transformation) consist of representatives continues its collaboration
initiative plays a key role in from local trade unions and projects with Sida, ILO, and IF
the company’s strategy, as H&M. In Myanmar, where a Metall to train management
the company is one of the month-long strike took place and workers on workplace
founding members of the after eight union leaders cooperation and dispute
initiative (see the ACT case were fired in October 2015, resolution.40
study below). the agreement was “key to
This collaborative work is getting trade unionists back
further complemented by to work, as well as achieving
the now-permanent Global trade union recognition at
the Jiale Fashion factory in
Framework Agreement
between H&M, IndustriALL Yangon.”38 In Pakistan, the
and the Swedish trade union agreement was invoked to
IF Metall. bring together IndustriALL

“The traditional supplier perspective has been that, in order to be competitive, wages
need to be kept very low. But the ability for workers to meet basic needs through a fair
living wage should not be part of the competition.

Instead, we’re looking at how you can use wages in a smart way – a way that motivates
workers, gets turnover rates down, and incentivizes productivity and performance.
Using the Fair Wage Method, we’re tracking actual changes in behavior and attitudes at
the factory level and we can see the benefits.

These positive changes start with the fact that more and more workers are
electing their own representatives. For example, in Bangladesh, 40% of all worker
representatives are now women. This means that issues that concern women are
more visible and can be strategically addressed as part of the overall Fair Living Wage
Strategy, which in turn has positive effects on quality, worker turnover and productivity.

It takes time – one has to be patient. But a focused approach that identifies your salient
human rights issues, sets a long-term strategy, and engages both internal and external
stakeholders is the only way to systemic change.”

Maritha Lorentzon, H&M41

The Human Rights Opportunity | July 2018 18


4. Government engagement
in recognition of H&M’s
influence and access “The government engagement aspect of H&M’s work
to the governments in is key. Governments must install an enabling legislative
the countries where the environment for labor rights, one that creates a better
company’s products balance of power and supports collective bargaining
are made. between social partners. In particular, governments
must secure implementation of international labor
For example, since 2014, standards when it comes to trade union rights – the
the company joined peer right to organize and the right to collective bargaining.
companies to advocate for Employers must be required to adhere to these
the Cambodian government’s standards; and in that sense, buyers can do much more
Trade Union Law and to engage governments and stress adherence to these
its compliance with ILO rights by their suppliers.
conventions.42 According
to H&M, this influence and In the end, sustainable industrial relations can only
access relies on the fact that be achieved by workers organizing themselves in
the company’s presence in democratic, independent trade unions at the factory
all of its sourcing markets or company level and at the national level. This
includes an H&M office and a requires action from governments, but it also requires
sustainability team. education. Workers need to know their own rights
and have channels for claiming them. Management
must understand workers’ rights and put systems in
place that foster better industrial relations and social
dialogue. And brands must support their suppliers in
improving working conditions. Training all actors on
these issues across the supply chain, as H&M is doing in
partnership with us and others, is incredibly important.”

Mats Svensson, IF Metall43

The Human Rights Opportunity | July 2018 19


Egedeniz Textile’s Living Wage Project
Driving the provision of a living wage from the producer perspective

Figure 2b: Rights related to Egedeniz Textile’s Living Wage Project and how they link to various SDGs.

RIGHTS TO:
Work
RIGHT TO:
Family life
An adequate
Freedom of association and standard of living
collective bargaining
Just and favorable RIGHT TO:
conditions of work Food and
Reasonable nutrition
working hours

RIGHT TO: EGEDENIZ RIGHTS TO:

TEXTILE’S
Health
Housing
Life

LIVING WAGE
PROJECT
RIGHTS TO:
RIGHTS OF: Education
Minorities Protection
for the child

RIGHTS TO:
RIGHT TO: Equal protection
Water Non-discrimination

Multi-stakeholder
partnerships

The challenge The response Key aspects of the initiative


The majority of initiatives One such example of a In the first two years of the Living
around living wages tend to be producer-buyer partnership Wage project, Egedeniz has:
spearheaded by multinational is the Living Wage Project
brands in response to of Egedeniz Textile, the first 1. Carried out a cost of living
international or national certified organic textile company survey with its workers
pressure, with producers and in Turkey and a medium-sized across three wage groups
manufacturers subsequently producer supplying to brands and cross-referenced the
affected by such initiatives in the United States, Japan and results with government
and occasionally brought in as Western Europe.44 data and analysis, with
partners as collaborations unfold. support from the Fair Wear
In partnership with Swedish Foundation.46
While there is widespread children’s wear brand Mini Rodini
agreement that cross-industry, and the Fair Wear Foundation, 2. Engaged with its buyer Mini
collaborative efforts are Egedeniz launched the Living Rodini on the survey findings,
necessary for systemic change Wage Project in June 2016 working with the brand to
when it comes to living wages, after deciding as an employer to calculate an initial premium
it is also important to highlight prioritize the provision of a living (an additional €0.18 per
opportunities for producers to wage to its workers.45 garment) that resulted in an
jointly lead initiatives around average 14% wage increase
this issue, as such efforts can on the lowest monthly salary
be deeply transformative in among the three wage groups
enhancing the lives of workers covered by the survey.
and their families.

The Human Rights Opportunity | July 2018 20


“The most important part of this project has been the relationships between all the steps
in the supply chain. From the brand side, supplier relations are increasing positively. From
the supplier side, it’s really important to believe in your role in the partnership with a buyer.
If your working conditions will change simply based on the brand, then there are risks of
huge negative impacts for the workers. You need to believe in and own your role in the
sustainability of the business and in the partnerships involved.”

Mümin Can Eker, Egedeniz Textile47

“It’s our goal to have living wages being paid in all of our suppliers by 2021. If you’re
working full-time, you should be making enough to meet your basic needs and then have
some discretionary income.

As an industry, we can be creative in how we support this – for example, we’re a part of
the Fair Wear Foundation’s living wage ‘incubator’ where brands are coming together to
discuss living wage projects and how to make them work in practical ways.

A key lesson from our work in this area is that you need everyone on board, from the
finance team to the buyers themselves and beyond. Ensuring broad buy-in across the
brand helps ensure the success of the project.”

Karin Iseman, Mini Rodini48

3. Facilitated dialogues and


awareness-raising across “This project has [made] a big contribution to our family.
the three wage groups to I would like to thank Egedeniz and Mini Rodini for this
ensure understanding of the support. I hope this will continue. I am sure all families
program and how the wage who [are benefiting] from this project are thinking [the]
increases are set. same as me.”
4. Began approaching Yasemin Taskaya, Egedeniz Textile factory worker49
additional buyers to join
the program in an effort to
enhance the sustainability of
the project over time.
“You can see the change in the eyes of workers when
5. Conducted an initial you walk through the sewing line. We’re stopped and
evaluation survey among the workers say thanks. It can be seen as such a small
its employees, assessing payment, but it’s such an important thing to these
workers’ knowledge about workers. It’s increased their loyalty and motivation –
the Living Wage Project, their they feel like a valued part of the business and we’re
experiences throughout seeing clear improvements in the quality of the work
the implementation of the and worker recruitment and retention. We’re also
project, how they are using hearing positive feedback from worker representatives
the additional wages, and and we can see the relationship-building directly on the
what their general opinions production line.”
are concerning the initiative.
Ozgu Cubukcuoglu, Egedeniz Textile50
Overall feedback to date
has been positive, reflecting
workers’ clear understanding
of how the initiative is carried
out and demonstrating positive
impacts in terms of the ability
of workers to meet their and
their families’ basic needs.

The Human Rights Opportunity | July 2018 21


ACT (Action, Collaboration, Transformation)
Tackling systemic worker issues through industry collective bargaining

Figure 2c: Rights related to the ACT initiative and how they link to various SDGs

RIGHTS TO:
Work
RIGHT TO:
Family life
An adequate
Freedom of association and standard of living
collective bargaining
Just and favorable RIGHT TO:
conditions of work Food and
Reasonable nutrition
working hours

RIGHTS TO:

ACT
RIGHT TO:
Health
Housing
Life

INITIATIVE
RIGHTS TO:
RIGHTS OF: Education
Minorities Protection
for the child

RIGHTS TO:
RIGHT TO: Equal protection
Water Non-discrimination

Multi-stakeholder
partnerships

The challenge

“The ACT initiative is an example of how companies April 2013: The Rana Plaza
have been working together with trade unions, factory collapse shook the world
governments, and others to address some of the most and the business community
severe and systemic labor rights abuses in their supply along with it.52 For the textile and
chains. It illustrates the promise of collective action to apparel industry in particular,
leverage change. the deadliest garment factory
accident in history – totaling
Importantly, initiatives like ACT are not just about 1,134 individuals killed and
voluntary philanthropic contributions to development, approximately 2,500 injured53
but also the product of a recognized responsibility – crystallized awareness about
of companies to address severe human rights risks continued failings in both
in their supply chains. In meeting this responsibility, government and business
ACT makes a critical contribution to sustainable oversight of supply chain
development as well.” conditions and the potentially
devastating human cost of those
Professor John Ruggie, former UN Special
shortcomings. The Bangladesh
Representative on Business and Human Rights51
Accord was thus born, creating
the first legally binding agreement
between global brands and trade
unions to ensure safe working
conditions in the Bangladeshi
ready-made garment industry.54

The Human Rights Opportunity | July 2018 22


For many apparel and textile Even before the Rana Plaza The response
brands, engagement in the tragedy, however, various
Bangladesh Accord became an brands had built foundational The ACT (Action, Collaboration,
important first exposure to the relationships with trade unions Transformation) initiative, which
necessity and power of collective, through global framework formally launched in 2015, is an
industry-wide action in the face of agreements that are now feeding agreement between international
a pervasive supply chain issue.55 into collective, industry action in brands and retailers and trade
Due in part to this experience and this area.57 These agreements, unions to “transform the
a drive to examine other working which are “negotiated at a global garment and textile industry and
conditions alongside health and level between trade unions achieve living wages for workers
safety issues, several leading and a multinational company,” through industry-wide collective
brands came together to face put in place standards across bargaining linked to purchasing
another systemic issue in their a company’s operations and practices.”60
supply chains – the lack of a living business relationships and can be
The initiative centers on a
wage in garment factories and enforced regardless of whether
memorandum of understanding
the severe impacts that this has those standards are in place and
between the global union
on workers, their families and upheld in an individual country.58
IndustriALL and 17 global brands
their communities.
and retailers (including ASOS,
C&A, H&M, Inditex, Kmart, Next,
“An important benefit Primark, Target, Tchibo, Tesco
“We can’t talk about ACT
of the ACT initiative is and others). It is led by a 50%
without talking about
that it is an opportunity union, 50% brand board and a
the Bangladesh Accord.
to reinforce and build full-time secretariat.61
Many of the relationships
on what we are already
we have with the brands
doing around living
now involved in ACT
wages within the Global
were forged through the “There’s no playing to
Framework Agreement
Accord context. the galleries on this.
with IndustriALL Global
There has to be a Union, which Inditex With living wages,
willingness to work signed in 2007 and there’s an astounding
together, but also to which plays a priority opportunity to improve
jointly commit to a role in our sustainability lives. But, before ACT,
common set of rules and strategy. ACT is focused there was never any
systems that work. And, on building more means of dealing
in all of my engagements positive relationships with the issue in any
on ACT, across all of between brands and effective way. After the
the relevant actors, not suppliers and between Bangladesh Accord, we
one person has said, suppliers and workers built on the relationships
‘That won’t work.’ This through enforcement with IndustriALL and
is extraordinary. And it’s of collective bargaining other brands that were
because we’re providing in the industry. And it strengthened as part
a logical framework is increasing internal of that effort to tackle
that will be built out in awareness within Inditex living wages.
each country by the on our living wage
efforts. The more brands How many environments
unions and employers are there where you
standing together on that join this effort,
the more powerful the have brands, retailers,
their common interest manufacturers,
platform and taking impact will be.”
governments, trade
wages and working unions and employer
Félix Poza Peña, Inditex59
conditions out of industry associations all at the
competition. This is same table? This is real
the only path toward innovation.”
systemic, sustainable
change in this industry Christopher Grayer, Next62
on this issue.”

Jenny Holdcroft,
IndustriALL56

The Human Rights Opportunity | July 2018 23


Key aspects of the initiative 3. Government engagement In tackling each of these
on national minimum components, ACT is currently
Putting freedom of association wage fixing enforcement supporting capacity- and
and collective bargaining at mechanisms, so that they relationship-building among
the center, the ACT model is provide “an adequately member brands’ supplier
comprised of three distinct but resourced regulatory, factories, IndustriALL’s affiliated
interrelated components: inspection, and legal system unions and governments in
that ensures that no less target countries, as well as
1. Industry-wide collective
than legal minimum wages research on how purchasing
bargaining between
are paid to workers” since practices can best facilitate
employers and unions
“minimum wages play a payment of a living wage.
of registered and legally
vital role in underpinning
enforceable agreements The initiative’s current countries
living wages and must be
at the national level, such of focus include Bangladesh,
set in accordance with this
that “workers in the garment Cambodia, Myanmar, Turkey and
level and regularly reviewed
and textile industry within Vietnam. It is working to bring
in line with cost of living
a country can negotiate additional brands on board to
increases.”65
their wages under the same further increase its scope and
conditions, regardless of the influence and avoid competitive
factory they work in and the disadvantages.
retailers and brands they
produce for.”63

2. Purchasing practices of the


member brands and retailers “This is a groundbreaking program. We’re organizing
that ensure that “payment ourselves in a way that we never had before. Yes, this
of the negotiated wage is takes time, but it is the only way to tackle systemic,
supported and enabled structural challenges.
by the terms of contracts”
Importantly, we’re connecting this back to our own
between global buyers and
human rights due diligence at the same time. If we
their suppliers.64
want to secure our future as a business enterprise,
we can’t cherry pick what we want to work on,
including when it comes to the SDGs. We need to
thoroughly look at both our positive and negative
impacts on people and then take action, collectively
and independently, from there.”

Achim Lohrie, Tchibo66

The Human Rights Opportunity | July 2018 24


Malawi Tea 2020
Joining forces at the national level to address root causes of endemic poverty

Figure 2d: Rights related to Malawi Tea 2020 and how they link to various SDGs.

RIGHTS TO:
Work
Family life
RIGHT TO:
Freedom of association and
collective bargaining Food and RIGHT TO:
nutrition
Just and favorable An adequate
conditions of work standard of living
Reasonable
working hours

RIGHTS TO:
RIGHT TO: Health
Housing Life
MALAWI
TEA 2020 RIGHTS TO:
RIGHTS OF: Education
Minorities Protection
for the child

RIGHT TO:
A Healthy RIGHTS TO:
Environment Equal protection
RIGHT TO: Non-discrimination
Water

Multi-stakeholder
partnerships Industrialization

The challenge As international non- The response


governmental organization (NGO)
Malawi, East Africa: A young child campaigns have highlighted In 2015, 20 different groups
is nestled on her mother’s back, since the early 2000s,70 wages along the Malawian tea chain
wrapped snuggly in a chitenje remain low in the Malawian got together and agreed that
and napping soundly as her tea business despite it being more had to be done to tackle
mother moves up and down the largest formal employer the serious issue of worker
seemingly endless rows of tea in all of Malawi. Approximately wages in their industry. The
plants, picking the vibrant green 62% of Malawians live below resulting Malawi Tea 2020
leaves with expert efficiency and the World Bank’s extreme Revitalisation Programme
filling basket after basket before poverty line of US$1.25 per (Malawi Tea 2020) is a coalition
the sun goes down on another day;71 approximately 50,000 of Malawian tea producers, the
full day of work in the fields. tea plantation workers were largest international tea buyers,
documented in 2013 as NGOs, relevant certification
Based on Malawi’s malnutrition organizations, and donors.
being trapped in conditions of
rate of approximately 50%,67
extreme poverty.72 Research
the chances are high that
commissioned to calculate what
this child’s growing body will
a living wage would be in the
become stunted physically and
Malawian tea industry concluded
in other developmental areas,68
that wages and in-kind benefits
notwithstanding her mother’s
would need to double to achieve
wages and in-kind earnings
a living wage.73
as a worker in the Malawian
tea industry.69

The Human Rights Opportunity | July 2018 25


The initiative is aiming to “create Key aspects of the initiative 2. Improved conditions for
a competitive Malawian tea women workers via housing
industry where workers earn a Recognizing that living wages and nutrition improvement
living wage and smallholders cannot be tackled in isolation programs, as well as efforts
are thriving.”74 The partnership but must instead be addressed to achieve better human
is endorsed by the Malawian using a multifaceted approach, resources management.
government and involves Malawi Tea 2020’s five-pronged
companies of a range of sizes. initiative and respective results • Via a new nutrition
All participating tea producers to date include:78 program, 30,000 workers
are part of the program through (out of a target of 50,000)
1. Improved productivity and now receive fortified
the Tea Association of
quality of Malawian tea to lunchtime meals and all
Malawi (TAML).75
generate a more profitable workers receive weekly
The Ethical Tea Partnership and competitive industry vegetable distributions.
(ETP), TAML, Oxfam, IDH (the that is able to support the
Sustainable Trade Initiative), payment of living wages to • TAML has adopted a new
and GIZ (the German Agency its workers. policy to address sexual
for International Cooperation) harassment and gender-
• Outreach to financiers based discrimination, four
jointly lead the initiative, which
and donors to revitalize estates have established
is the first of its kind in the
the industry through gender committees, and
tea industry.76
irrigation, replanting and gender training sessions
factory refurbishments has for supervisors, managers
resulted in two ongoing and workers began in
“None of this would deals at an estimated September 2017.
have happened without US$3 million.
the burning platform 3. Improved opportunities
Each deal involves a tea for smallholders to earn a
from NGOs and other
estate undergoing irrigation living income via Farmer
campaigns. But once
feasibility studies and Field School methodologies,
that has happened, you
environmental and social business management
must then have shared
impact assessments, with programs, and agro-inputs.
knowledge about what
support from IDH and other
the problem is; and then • A living income study has
investors, to boost volume
shared commitment established a living income
and quality production while
across brands, benchmark for smallholder
mitigating negative social
producers, workers and farmers (MWK2,889
and environmental impacts
governments to practical or US$15.04 in PPP –
such as climate change.
approaches that will purchasing power parity),
have a real impact.” • Tea estates themselves as set against current
have invested US$6.3 smallholder incomes
Rachel Wilshaw, Oxfam77
million into revitalization (MWK1,574 or US$8.16 PPP).
projects, including those
around agricultural • 3,300 smallholder farmers
improvements, (65% women) have
infrastructure and improved their farming and
electricity generation. business skills.

• 50 Farmer Field Schools


have trained 1,548
farmers, resulting in the
improvement of field-level
practices. For instance,
540,000 tea plants are
being cultivated in 45 mini
tea nurseries and 3,138
farmers are participating
in a total of 173 village
savings and loan groups
across Malawi.

The Human Rights Opportunity | July 2018 26


4. Improved wage-setting
process that centers “Malawi Tea 2020 is “Working on living wages
around collective tackling the issue of in the context of Malawi
bargaining between worker extreme poverty in the Tea 2020 isn’t just about
representatives and Malawi tea workforce paying workers more. It’s
employer organizations. from a holistic approach. about taking a holistic
It’s looking at innovation approach that breaks
• TAML and the Plantation
and investment in the down what we’re really
and Agriculture Workers
industry; it’s seriously trying to achieve and
Union (PAWU) signed
examining what a coming up with various
the first ever collective
living wage is in this programs and targets
bargaining agreement
context and how buyers’ that realistically support
(CBA) in the tea sector.
procurement practices the development of a
• Wages have gone up must change to meet sustainable tea industry
several times since the that; it’s empowering in Malawi.
initiative started in 2015, smallholders and
Scale and traction are
narrowing the gap between recognizing their
needed to effect real
the TAML base wage and important role in all this;
change when tackling
living wage from 28% it’s linking to the sector’s
these complex issues.
achievement of the living environmental efficiency
For some companies,
wage to 41%.79 and sustainability; and
it might initially feel
it’s bringing a gender
uncomfortable to engage
• Training of 337 managers in lens to all it does.”
with your competitors
2017 on the CBA and wage
Sarah Roberts, in this way, but you can
sensitization sessions with
Ethical Tea Partnership80 and should work through
5,500 workers, have been
that in order to use your
carried out.
collective influence to
5. Improved environmental drive positive impacts
efficiency and more In addition, a key highlight of the that just won’t happen
sustainable energy use in program has been its ongoing without collaboration
tea-growing areas. work around sustainable across the industry.
procurement practices. Also, all of the different
• As of September 2017,
In building out this area, the actors involved in an
7 factories had started
initiative commissioned initiative like Malawi Tea
collecting primary data on
Accenture Development 2020 will have different
their energy efficiency.
Partnerships to develop a perspectives; and that’s
• In June 2017, key methodology to calculate ok. It’s when no issues
stakeholders took part in a the “additional cost of paying are arising that you
training on climate change workers a living wage and for have to worry, since this
impact mapping. this cost to be fairly shared likely means that people
across the tea value chain.”81 aren’t speaking up.
• 10 tree nurseries have Consultations on the proposed Having uncomfortable
been established and 6 model are currently underway. conversations about what
cook stove production At the same time, the initiative works and what doesn’t
groups with 125 members is seeking additional brands and work is an important
have been established traders to expand the program part of the process and
alongside the training of to cover 100% of the Malawian companies should be
140 sales agents. tea industry. flexible and adapt their
approaches based on
what they learn along the
way from the network of
knowledge and various
areas of expertise that
should be involved.”
Katy Tubb, Tata Global
Beverages82

The Human Rights Opportunity | July 2018 27


Key takeaways on living wages

Individual company action

1. The human rights to freedom of association and collective bargaining play central
roles in company action on living wages.

2. Mature industrial relations are key in figuring out what a living wage means in a
particular context and in generating feedback loops that help maintain the provision of
living wages over time.

3. Improved wage management systems and more comprehensive strategies for


promoting fair wages can address many elements that influence whether a living
wage is provided in the long-term. Such elements include timeliness of payments; fair
working hours; pay adjustments based on skills, experience levels and performance;
and open communication channels between workers and management.

4. Collaborative initiatives that drive systemic change at both industry and government
levels can greatly inform and enhance individual company action on living wages.

5. Producer-buyer partnerships are possible and can facilitate direct involvement


from workers in determining living wages in specific work sites, thereby having a real
impact on the lives of workers and their families via the provision of a living wage while
collaborative initiatives with a larger scale are built at a national level.

Collective action

1. Industry-wide, collaborative action across each step in the supply chain builds
leverage (the ability to influence another party to prevent, mitigate and/or remediate a
human rights harm) at the national level to help make living wages a reality for workers,
regardless of which brands their employers supply.

2. Collective bargaining across an industry bolsters meaningful stakeholder engagement


between employer associations and trade unions, as well as between suppliers and
buyers, while also facilitating access to remedy when commitments are not met.

3. The re-examination of key aspects of the core business, including product quality
investment and purchasing practices, can clarify the contribution of global brands
to systemic labor rights issues and inform holistic responses.

4. The identification of particularly vulnerable stakeholders helps companies focus their


efforts on the most salient human rights issues associated with their business.

5. Recognizing that living wages cannot be tackled in isolation inspires multi-faceted


approaches that use a confluence of different incentives to drive change from
many angles.

The Human Rights Opportunity | July 2018 28


4

Forced labor
Igor Grochev/Shutterstock.com

The Human Rights Opportunity | July 2018 29


Across the world, millions of According to the International Combatting forced labor
people are working against Labor Organization (ILO), situations, including those that
their will, exploited for their forced labor is “work that is involve children, is a necessary
labor, and treated as no human performed involuntarily and component in building sustainable
being should ever be. Some under the menace of any economies that work for all.
are recruited with promises of penalty,” meaning “situations
decent work and fair pay and in which persons are coerced As illustrated in Figure 3, and
then taken to job sites, often to work through the use of depending on the specifics of
far away from their homes violence or intimidation, or by the relevant corporate initiative,
and families, where they are more subtle means such as private sector efforts to address
physically barricaded from manipulated debt, retention of forced labor may contribute to
leaving and threatened if they identity papers, or threats of the achievement of an array of
refuse to work. Others are forced denunciation to immigration the Global Goals, including:
to hand over their passports authorities.”84 It is very often • Goal 3: Ensure healthy lives
or other documents essential linked to seemingly legitimate and promote well-being for all
to their freedom of movement, commercial channels.85 at all ages91
leaving them at the mercy of
their employers. • Goal 4: Ensure inclusive and
equitable quality education
The burden of debt is often used One in four victims of
and promote lifelong learning
as a weapon in these situations, modern slavery is a child.86
opportunities for all 92
forcing individuals to continue
working under inhumane • Goal 5: Achieve gender
conditions for months and even equality and empower all
Approximately 16 million victims
years on end until recruitment women and girls93
of forced labor are in the private
fees or the costs of transportation
economy. Over half of these • Goal 8: Promote sustained,
fronted by employers or recruiters
individuals are in situations where inclusive and sustainable
are paid off using these workers’
personal debt is used to forcibly economic growth, full and
wages. Clearly, slavery is not a
obtain labor.87 Moreover, “this productive employment and
thing of the past.
proportion rises above 70% for decent work for all94
adults who were forced to work
in agriculture, domestic work • Goal 10: Reduce inequality
On any given day, or manufacturing.”88 within and among countries95
according to the most
recent estimates, nearly Individuals may also be coerced • Goal 16: Promote peaceful
25 million people are or deceived into forced labor by and inclusive societies for
living under conditions of employers or recruiters when sustainable development,
forced labor; 71% of them their wages are withheld or when provide access to justice
are women and girls.83 they are prevented from leaving for all and build effective,
by threats, document retention accountable and inclusive
or acts of violence, including institutions at all levels96
sexual violence.89

Companies across various


sectors are increasingly including
forced labor among their salient
human rights issues – the human
rights at risk of the most severe
negative impacts through
the company’s activities and
business relationships.90

The Human Rights Opportunity | July 2018 30


Figure 3: Rights related to forced labor and how they link to various SDGs. See the Annex for a list of
associated SDG targets.

The Human Rights Opportunity | July 2018 31


So, how are companies currently • Global buyers and local The case studies below explore
taking action to bring about a actors are collaborating each of these innovative and
world in which both adults and in high-risk contexts: A evolving models in more detail.
children are free from forced network of brands and retailers Each case study captures
labor? Examples illustrated by sourcing from the seafood publicly available information
the case studies below include: supply chain in Thailand on the initiative, alongside
are coordinating with local experiences and opinions from
• Individual corporations are processors, producers, various actors involved.
tackling key entry points: trade unions, NGOs and
A leading tech company is government actors to enhance The following summaries do not
drawing a strong line in the transparency, foster multi- claim to give a definitive account
sand when it comes to forced stakeholder engagement and of a specific initiative or of all
labor risks, requiring all of its spark systemic change across perspectives on that case study;
suppliers to directly employ the industry. instead, they are intended to
their workforce and support serve as illustrative examples
responsible recruitment • Leading brands are of how action toward corporate
practices that prevent engaging with programs that respect for human rights can
conditions in which forced prioritize worker voice: A make a critical contribution to
labor can thrive. group of international buyers the achievement of various goals
is participating in an innovative and targets under the SDGs.
• Manufacturers are program that tackles the issue
reforming recruitment and of forced labor across various
employment systems: A sectors in Southeast Asia
garment producer in India via empowerment of worker
is taking concerted action voices and collaborative, rather
to combat conditions that than punitive, partnerships
support or allow for a local with suppliers to improve
system of exploitation that conditions on the ground.
traps young women and girls
into forced and child labor.

iStock.com/alempkht

The Human Rights Opportunity | July 2018 32


HP’s Foreign Migrant Worker Standard
Leading the industry with action on root causes

Figure 3a: Rights related to HP’s Foreign Migrant Worker Standard and how they link to various SDGs.

RIGHTS TO:
Freedom from violence RIGHTS TO:
Freedom of movement Health
Life

RIGHTS OF:
HP’S FOREIGN RIGHTS TO:
Education
Minorities MIGRANT WORKER Protection for
STANDARD the child

RIGHTS TO:
Work RIGHTS TO:
Family life Equal protection
Freedom of association and Non-discrimination
collective bargaining
Just and favorable
conditions of work
Multi-stakeholder Reasonable working hours
partnerships

The challenge Thinking critically about the The standard goes beyond
root causes of forced labor general industry practice in
In 2014, reports of forced labor among this community, HP addressing forced labor –
linked to migrant recruitment determined that hiring workers which primarily focuses on
practices in the electronics through recruitment agencies or implementing policies banning
industry supply chain in Malaysia labor brokers is too high a risk recruitment fees – to require that
were coming to the surface, for the people involved in the the company’s suppliers directly
catching the eye of HP Inc.97 company’s supply chain. employ any foreign migrant
At the time, the company itself workers in their workforce. While
was identifying, through various recruiters may still be used, once
assessment mechanisms across The response
a worker is placed, they must
diverse geographic regions, that become a formal employee of
HP released its Foreign Migrant
migrant workers are a particularly the HP supplier.98
Worker Standard in 2014
vulnerable population in terms
and partnered with expert
of severe human rights impacts
organization Verité to build a
connected to the business.
body of research and dedicated
program in response to the
issue of forced labor among
migrant workers.

The Human Rights Opportunity | July 2018 33


More specifically, the standard Key aspects of the initiative 3. Conducting a series of
“prohibits [HP] suppliers from dialogues and workshops
outsourcing the migrant worker HP has so far implemented its with government
employment relationship to Foreign Migrant Worker representatives and
third-party labor brokers – a Standard by: collaboration with peer
major source of vulnerability companies and suppliers
1. Continuing its partnership
for migrant workers – as well in high-risk areas such as
with Verité to develop
as eliminating the practice of Southeast Asia.104
supplier guidance on
charging workers recruitment
the standard. HP’s engagement in this area
fees and requiring that workers
hold their own passports.”99 has included the donation
The guidance includes
The standard also requires of its supplier guidance to
“information on how
employment contracts written in the Responsible Business
to transition to direct
the worker’s native language.100 Association (RBA) for others to
employment, the ‘no
use and learn from; chairing the
recruitment fee’ model, and
HP is the first company in the RBA-affiliated Responsible Labor
how to identify, screen and
information and communications Initiative Steering Committee
select ethical recruitment
technology (ICT) sector to (see text box above); and serving
agents.”102 Each supplier
require all of these practices. on the Steering Committee
engaged in the program
of the Leadership Group for
is allowed a one-year
Responsible Recruitment, which
grace period to implement
is “a collaboration between
the standard, and HP’s
“HP’s Foreign leading companies and expert
procurement managers are
Migrant Worker organizations to drive positive
integrally involved in roll-out
Standard remains a change in the way that migrant
of the guidance.
very forward-looking workers are recruited,” including
approach. It takes 2. Developing and “the total eradication of fees
commitment around disseminating a supplier self- being charged to workers to
forced labor one step assessment questionnaire secure employment.”105
further to identify to not only raise awareness
a root problem – and understanding of the
indirect employment standard, but also to serve
– as a key risk as a foundation of relevant
factor. The company changes to onsite audit
decided to not try practices.103
and work around
that risk, but instead For instance, HP auditors now
develop a standard use focused foreign migrant
to address it. This worker assessments as a tool
is clear leadership to measure implementation
and hopefully more and enforcement of the
companies will take standard while providing
this kind of work on.” support to suppliers where
performance is weak.
Shawn MacDonald,
Verité101

The Human Rights Opportunity | July 2018 34


“A key lesson learned from our work in this area is that you can’t do it alone.
Internally, this means having a committed tone from the top and across the various
functions involved. For instance, we couldn’t do this work if we didn’t have support
from our procurement managers, who understand the issues and drive the actions
on a daily basis.

Then, we need collaboration within and across industries to build our influence
and create real change for the people affected. Our work with RBA from day
one is an example of this approach, as well as our broader engagement with
organizations such as Verité and local NGOs. We’re proud that we’ve taken this
collective approach from the start.

Each company needs to do their part to ensure freely chosen labor, whether
you are a global company where you have a large scope to work with or a small
business where you see the issues every day.”

Jay Celorie, HP106

4. Aiming to create fora for


suppliers to share best
practice. “HP’s strong relationships with its suppliers is at
The company has received the core of our Foreign Migrant Worker Standard.
feedback that the direct hiring Implementation is not perfect, and it takes time,
requirement has resulted in its but responsible engagement is our approach.
suppliers gaining important We try to be transparent and clear and we ask
knowledge about recruitment that of our suppliers in return. As long as there’s a
agencies and monitoring their corrective action plan in place and we’re working
practices in a more effective proactively on that together with the supplier
and sustainable manner.107 and building our leverage, we will always stay
committed to progressing forward and not cutting
off the relationship. Otherwise, it’s the workers
that are most harmed.

We’ve had a paradigm shift in our thinking – instead


of being anxious about going and looking for the
issues, we recognize that this is our responsibility.
And, in fact, this has been really freeing. We know
we’re going to find issues, so we identify them and
then get more quickly to the important work of
addressing them in meaningful and positive ways.”

Tanvi Kafi, HP108

The Human Rights Opportunity | July 2018 35


Responsible Labor Initiative (RLI)
New cross-industry initiatives to watch

Figure 3b: Rights related to Responsible Labor Initiative (RLI) and how they link to various SDGs.

RIGHTS TO:
Freedom from violence RIGHTS TO:
Freedom of movement Health
Life

RIGHTS OF:
RESPONSIBLE RIGHTS TO:
Education
Minorities LABOR Protection for
INITIATIVE the child

RIGHTS TO:
Work RIGHTS TO:
Family life Equal protection
Freedom of association and Non-discrimination
collective bargaining
Just and favorable
conditions of work
Multi-stakeholder Reasonable working hours
partnerships

Launched in June 2017, the The RLI aims to bring together As a member of the RLI’s multi-
Responsible Labor Initiative multiple sectors to harness stakeholder Advisory Board,
(RLI) is a multi-industry, multi- members’ collective influence David Schilling of ICCR says,
stakeholder collaboration in its efforts to ensure the rights “The RLI is smartly building on
stemming out of the forced labor and dignity of workers vulnerable a set of tools that the RBA has
commitments and programs to forced labor in global developed over time, retooling
of the Responsible Business supply chains are consistently them to deal with forced labor
Alliance (RBA), formerly the respected and promoted. and recruitment issues in a
Electronic Industry Citizenship way that creates a path for
Coalition (EICC).

The Human Rights Opportunity | July 2018 36


recruitment agencies to become Recruitment Programs with RBA Vice President Bob Mitchell
recognized as ethical recruiters.” supporting partner ELEVATE. explains, “Forced labor due
The Responsible Workplace diligence must be harmonized
The RLI utilizes a Labor Migration Program focuses on worker across industries to ensure
Corridor Database developed engagement through mobile that workers vulnerable to
with Verité to facilitate honest survey technology, a third- forced labor are respected and
conversations with suppliers party helpline, and trainings on protected. The RLI has a set of
around the true costs of workers’ rights, pre-departure advanced tools and programs
responsible recruitment orientation, and worker- that are complementary to other
practices. It is led by a multi- management communication. initiatives in this area and that
industry Steering Committee The Responsible Recruitment are facilitating transparency,
that includes representatives Program directly involves labor assessment, mitigation and
from the electronics, agents in self-assessments, remediation. We’re aiming to
construction, food and beverage, forced labor audits, and ethical create a market for ethical
and retail sectors. recruitment trainings. It will then recruitment and employment. The
provide a public list of each more sectors and stakeholders
In early 2018, the initiative
participant’s progression in the that are involved, the better.”
launched its Responsible
program toward certification.
Workplace and Responsible

The Human Rights Opportunity | July 2018 37


Penguin Apparel’s efforts to combat Sumangali schemes
Tackling local forced labor risks from the producer perspective

Figure 3c: Rights related to Penguin Apparel’s efforts to combat Sumangali schemes and how they link to
various SDGs.

RIGHTS TO:
Health
Life
RIGHTS TO:
Freedom from violence
Freedom of movement

PENGUIN APPAREL’S RIGHTS TO:


EFFORTS TO Education
COMBAT SUMANGALI Protection for
the child
SCHEMES
RIGHTS TO:
Work
Family life
Freedom of association and
collective bargaining
Just and favorable RIGHTS TO:
conditions of work Equal protection
Reasonable working hours Non-discrimination

The challenge contract period – and the appeal The response


of using this toward the dowry
The state of Tamil Nadu in required in many traditional Several brands and retailers have
southern India is a major hub for Hindu marriages – lure poor and responded to the exposure of
one of the largest employment- lower caste women, girls and Sumangali schemes in various
generating businesses in the their families into the scheme. ways, in many cases severing
country – the textile and clothing ties with suppliers linked to
industry.109 It is also home to Once under the control of the the illegal practice.112 But the
one of the most horrendous broker or the factory, these role of suppliers themselves in
forced labor practices that young women and girls are addressing the issue locally has
has been exposed on the reportedly exploited with low not been highlighted as publicly.
international stage.110 wages and long working hours
and forced to live and work One example of producer-led
Known as Sumangali schemes, under unsafe and traumatizing practices aimed at tackling
the practice involves the conditions. They are also this issue is Penguin Apparel’s
recruitment of young women allegedly kept in isolation from program.113 Penguin Apparel is
and girls by labor brokers into their families and the organized a medium-sized ready-made
contracted work at textile mills, labor community while being garment manufacturer in Tamil
typically for periods of three to harassed and violated within the Nadu that primarily exports to
five years. Promises of a lump mills and dormitories.111 Canada, France and the United
sum payment at the end of the States.114 Its work on Sumangali

The Human Rights Opportunity | July 2018 38


schemes highlights that forced Human resource staff 3. Engagement and capacity
labor risks are not solely linked are trained in document building with suppliers and
to employers of migrant workers; verification to ensure that contractors: In addition to
they can also be of serious potential women employees auditing its own suppliers and
concern to employers of local are of legal working age. contractors in the search for
workers as well. These staff members are also Sumangali schemes, Penguin
experienced and/or trained Apparel prohibits the use of
in identifying Sumangali home workers – which are
Key aspects of the initiative
scheme indicators during in- strongly linked with forced
While Sumangali schemes in person interviews, which each and child labor risks.
Tamil Nadu have decreased in potential employee must
participate in before hiring The company also educates
recent years, Penguin Apparel
takes place.116 its partners on social
has recognized the severity of
management systems
the forced labor risks associated
2. Management system and prioritizes strong
with the practice and its
reform: All appointment communication channels
disproportionate impact on
letters and contracts signed to facilitate openness
particularly vulnerable groups
are written in the workers’ throughout the lower tiers of
in India.115
local language, and all its supply chain.118
Major components of the documents verified during
manufacturer’s work around this the hiring process are given
issue include: back to the workers to ensure
freedom of movement
1. Recruitment system during employment.
reform: The company has
eliminated recruiters and Once employed, all workers
labor brokers from its hiring also participate in training
practices and does not pay on workers’ rights and
recruitment fees or charge wellness.117
workers any fees to receive
employment.

The Human Rights Opportunity | July 2018 39


Seafood Task Force
Combining global and local forces in a high-risk context

Figure 3d: Rights related to the Seafood Task Force and how they link to various SDGs.

RIGHTS TO:
Freedom from violence RIGHTS TO:
Freedom of movement Health
Life

RIGHTS TO:
RIGHTS OF: SEAFOOD Education
Minorities
TASK FORCE Protection for
the child

RIGHTS TO:
Work RIGHTS TO:
Family life Equal protection
Freedom of association and Non-discrimination
collective bargaining
Just and favorable
conditions of work
Multi-stakeholder Reasonable working hours
partnerships

The challenge The response In addition to its founding


member companies, the task
In June 2014, the Guardian In quick response to the exposé force now boasts leadership and
published a shocking, in- and the serious concerns it raised, involvement from major brands
depth investigation that Chareon Pokphand Foods (CPF) around the globe that are linked
spelled out in disturbing detail and Costco, both of which were to the Thai seafood industry,
allegations of Asian slave labor implicated in the investigation, including Mars Petcare, Nestlé,
in the production of shrimp for came together to establish the Target and Walmart.122 It also
consumption in the United States Shrimp Sustainable Supply Chain involves key Thai producers and
and the United Kingdom.119 Task Force in July 2014.121 processors, as well as expert
NGOs such as Verité and the
The article outlined “horrific Following an expansion of its
World Wildlife Fund (WWF), which
conditions, including 20-hour mandate and membership,
participate via the initiative’s
shifts, regular beatings, torture the initiative was renamed the
External Stakeholder Advisory
and execution-style killings. Seafood Task Force in October
(ESA) Committee.123
Some [of the victims of forced 2016. It is the first industry-led,
labor] were at sea for years; multi-stakeholder coalition of
some were regularly offered retailers, processors, producers,
methamphetamines to keep governments and NGOs working
them going. Some had seen to eradicate forced labor in the
fellow slaves murdered in front US$7 billion seafood supply
of them.”120 chain in Thailand.

The Human Rights Opportunity | July 2018 40


Key aspects of the initiative In the longer term, the Task Force
hopes to expand the scope of its
“Forced labor is one While results of the Task Force’s efforts to other key jurisdictions
of our identified and ongoing work need to be outside of Thailand.127
prioritized salient explicitly tracked and disclosed,
human rights issues. the initiative is bringing together
As such, we’re taking a the key players in the Thai
deep dive to find where seafood supply chain in a new “The Seafood Task
forced labor impacts and innovative way. Force is the first major
are in our supply chain
initiative to deal with
and we’re developing Thus far, the Task Force’s work has
forced labor in the
a roadmap in focused on four main activities:
Thai seafood market.
response that involves
1. Mapping the various Trying to improve life
key international
supply chains of the buyers, in a factory is one
collaborations such as
processors and producers thing, but on ships,
the Seafood Task Force.
involved. it’s a whole different
Our responsible world entirely.
sourcing strategy is 2. Implementing “track and The challenges are
that we have to come trace” systems to provide really great and
together across the further transparency. the conditions are
industry and across really bad.
3. Engaging with the Thai
stakeholder groups government and the The Task Force has
to complement and Thai seafood industry created specific
build upon individual as a whole on relevant processes that
company actions.” national legislation, as well have aimed to see
Anna Turrell, Nestlé124 as the Task Force’s Code of what’s happening at
Conduct, using its collective sea – where vessels
purchasing influence. are going and what
labor conditions on
4. Fishery improvement
those vessels look
projects that aim to reduce
like. A lot of this is
levels of illegal, unreported
completely new. But
and unregulated fishing.125
an industry-wide
With the major components of approach is essential
its governance systems now in in addressing this
place and eight issue-specific systemic issue.”
working groups underway, the
Shawn MacDonald,
initiative plans to next turn its
Verité128
efforts to the development of
data management resources
that may facilitate remediation,
corrective action and
anonymized reporting.126

The Human Rights Opportunity | July 2018 41


Issara Institute’s Strategic Partners Program
Empowering worker voice and going beyond audits to strengthen supply chains

Figure 3e: Rights related to Issara Institute’s Strategic Partners Program and how they link to various SDGs.

RIGHTS TO:
Freedom from violence RIGHTS TO:
Freedom of movement Health
Life

ISSARA
RIGHTS OF:
INSTITUTE’S RIGHTS TO:
Education
Minorities STRATEGIC Protection for
PARTNERS the child

PROGRAM

RIGHTS TO:
Work RIGHTS TO:
Family life Equal protection
Freedom of association and Non-discrimination
collective bargaining
Just and favorable
conditions of work
Multi-stakeholder Reasonable working hours
partnerships

The challenge have been unable to access brands and retailers to “eliminate
information and holistic support trafficking risks in their supply
On fishing vessels, at ports, on to rise out of these inhumane chains” and transform private
farms, and at other job sites and unacceptable conditions.130 sector approaches in tackling
across Southeast Asia, forced this pervasive issue.132
labor continues to be an everyday
reality. Victims of trafficking are The response
brought across national borders The Issara model – called the
Established in 2014, the Issara Strategic Partners Program
under false pretenses of safe
Institute is tackling human and using the organization’s
and decent work, only to be
trafficking and forced labor in Inclusive Labor Monitoring
unjustly treated and exploited by
Southeast Asia through a two- method – currently involves
recruiters and employers who
pronged approach of bottom- 17 global brands, retailers and
trap these individuals into forced
up worker empowerment and importers from the United
labor using physical violence or
top-down improvement of the States and Europe, including
debt bondage.129
management systems that Marks & Spencer, Mars Petcare,
Yet, time and time again, administer global supply chains.131 Nestlé, Tesco and Walmart.133
audits of suppliers by global Several of Issara’s strategic
Since January 2016, after a two-
buyers and brands have failed partners are also involved in
year pilot program that engaged
to accurately identify and other forced labor initiatives,
10 private sector partners and
meaningfully address these such as the Responsible Labor
focused on the seafood industry,
types of human rights violations; Initiative, the Seafood Task Force,
Issara has been working with
and workers themselves and the Leadership Group on
an increasing number of global
Responsible Recruitment.

The Human Rights Opportunity | July 2018 42


The program’s scope has now According to Issara:
expanded beyond seafood to
• More than 100,000 workers “If you want to drive
include apparel, footwear, fruits,
are covered by the Inclusive sustainable change
vegetables, spices, sauces and
Labor Monitoring program. for victims of forced
poultry export supply chains
labor, you have to go
across Myanmar, Cambodia,
beyond a raid-and-
Laos and Thailand.134 • The program assesses rescue approach or
and engages over 500 strengthening rule
Key aspects of the initiative Thai supplier company of law, which is an
workplaces, including extremely slow process
Issara’s unique Inclusive Labor companies across all tiers that leaves workers
Monitoring method involves of partners’ supply chains stuck in shelters in the
the following components and and covering upstream meantime and often
corresponding data to date: farms, plants and receiving little to no
fishing vessels. pay or remediation in
1. Continuous and
the end. You need a
widespread monitoring of • Community outreach –
collaborative approach,
partner supply chains via carried out by Issara’s
one that genuinely
Issara’s toll-free, multilingual, grassroots civil society
works with suppliers
24-hour migrant worker organization partners and
in partnership with
hotline and various social by ambassadors who are
global brands.
media platforms; staff visits returned migrants aiming
to migrant communities; to help jobseekers migrate The Issara model
workplace assessments more successfully – has works at the ground
that involve site surveys, reached more than 25,000 level to understand the
document reviews, and workers directly in situation at the factory
interviews with workers and source areas. level so that we can
management; and port risk be well-equipped to
assessments.135 • Between 1,000 and 1,500
provide a safe channel
calls and conversations
for worker voices to
per month take place with
be heard, both before
workers via Issara’s various
improvement plans are
worker voice channels,
in place and while they
including the multilingual
are carried out. We then
hotline, Facebook, the Issara
have a responsibility
Golden Dreams Android
to support remediation
app (detailed below), and
when issues arise, all
other social media and chat/
the while safeguarding
messaging platforms.136
the information that’s
being shared.”

Mark Taylor, Issara


Institute137

The Human Rights Opportunity | July 2018 43


2. Data analytics and According to Issara: polling platforms to allow
development of empowering migrant workers to voice
worker-centric technology • More than 900 workers their opinions and view
to uncover risks and impacts in were involved in the those of others; and a
complex supply chains, many creation of the program’s secure mechanism to
of which are not captured by mobile app (called Golden report a problem or seek
traditional social audits.138 Dreams), which provides immediate assistance
information on worker from the Issara team.
This aspect of the program’s rights, policies and
work allows partners to laws related to migrant • Over 90,000 migrant
“better understand trends workers; updated lists workers and jobseekers are
and patterns in migration, and reviews of employers, regularly interfacing with
gain insight into hot spots recruitment agencies and and exchanging through
for trafficking, understand service providers such Issara worker voice
supply chain risks, and as hospitals and NGOs; channels.140
develop strategic solutions to
addressing forced labour in
supply chains.”139

From running the hotline for


“One thing we often hear from the companies we
many years, Issara recognizes
work with is how daunting it can be to know what’s
that the knowledge held by
happening across complex supply chains. But the
migrant workers themselves
situation is changing rapidly in our modern world.
often vastly exceeds, in quality
The majority of workers in Southeast Asia have
and quantity, a lot of what
access to smartphones and use these technologies
NGOs and workers’ rights
in their daily lives.
groups are tapped into. As
such, Issara is motivated to If you can creatively tap into these advancements to
create platforms for migrant talk to workers – ensuring privacy and the support of
workers and jobseekers to remedy along the way – then you can start to unlock
exchange up-to-date, accurate information that traditional approaches such as
information relevant to safe job audits haven’t captured. And having that information
seeking and migration. Thus, empowers companies and other actors along supply
the primary goal of Issara’s chains to respond in ways that are more systemic
worker voice platforms is and that have real impacts in the lives of workers and
worker empowerment and their families.”
strengthening linkages to
remediation. At the same time, Mark Taylor, Issara Institute141
the value of this safely sourced
worker feedback for corporate
due diligence and worker-
driven corporate responsibility
is clear.

The Human Rights Opportunity | July 2018 44


3. Development and 4. Remediation for victims via • The Victim Support Fund
implementation – in direct a Victim Support Fund and supported more than
collaboration with suppliers the organization’s Freedom 500 victims of trafficking,
– of improvement plans of Choice program, which including their children who
that make changes in labor is the first remediation were also in the trafficking/
recruitment and management program in the world to harm environment.
systems and that are based provide unconditional cash
on direct engagement transfers to victims of • Over 200 victims
with workers. trafficking, often coupled with received unconditional
safe job placement through cash transfers through
According to Issara: Issara partner businesses, the Freedom of Choice
empowering survivors to program.145
• Corrective actions and
stabilize and make their own
collaborations undertaken 5. Production of bi-annual risk
decisions in overcoming
by suppliers, in partnership reports for the companies
forced labor.144
with Issara technical teams, involved, providing each
have positively impacted According to Issara: partner with an overview of
over 25,000 workers. issues identified in its supply
• Over 6,000 workers chain and actions that have
• Corrective actions and identified as being in been taken in response.146
collaborations have forced labor situations
included corrections received forms of remedy 6. Multi-stakeholder working
in illegally low wages; through healthcare, legal groups and the production
excessive deductions; assistance, safe relocation, of cutting-edge research
inappropriate treatment employment, psychosocial and analysis that provide
by line supervisors or care and assistance platforms for discussion on
human resources staff; obtaining documentation. key topics in ethical sourcing,
document withholding; such as ethical recruitment
lack of contracts; unsafe systems, mainstreaming
dormitories; sexual worker voices into global
harassment; and weak, responsible sourcing
unsafe or non-functional systems, technology
grievance mechanisms.142 solutions to human trafficking,
the intersections of seafood
sustainability and labor, and
jobseeker and migrant worker
“Issara’s approach is the best model for comprehensively empowerment.147
addressing a severe human rights issue when it comes to
complex and convoluted supply chains.

There are key differences in terms of how the program


works. It’s about going to where the workers are,
making sure the grievance mechanism is available
and known about in all major migrant communities – at
ports, in housing areas, at all different centers where
workers and potential employees are.

It works because there has been phenomenal trust


building between the program and the worker
communities. It also works because it encourages
honesty and openness between brands and suppliers,
bringing them together to proactively work toward
improvement in a practical, solution-oriented way.”

Sophia Cochrane, Tesco143

The Human Rights Opportunity | July 2018 45


Key takeaways on forced labor

Individual company action

1. Strategic engagement with expert organizations can drive leading and targeted
action on a severe human rights issue in a company’s supply chain.

2. Strong supplier relationships that focus on capacity building and support rather than
on “policing” can result in mutually beneficial outcomes.

3. There can be forced labor risks in the recruitment and hiring of local workers as well
as migrant workers.

4. Manufacturer-led efforts that engage business partners downstream are possible


and can facilitate monitoring of risks deeper in the supply chain.

5. Forced labor is a severe human rights harm that may be prioritized even when the
likelihood of its occurrence is decreasing, especially when the risks are to particularly
vulnerable groups.

Collective action

1. Proactive, solution-oriented responses by brands connected to human rights abuses


in their supply chains can spark action and collaboration that tackles the issue, rather
than avoiding it.

2. Collective efforts across business relationships in a particular industry or across


multiple industries can bring together information and resources to increase
transparency throughout complex supply chains.

3. Tracking of impacts and improvements based on quality data management systems


can greatly inform efforts to reduce and remedy impacts, as well as internal and
external reporting.

4. Consistently and appropriately empowering worker voice can be a meaningful way to


capture the scale and nature of impacts as experienced by the people most affected
and to help companies target their responses.

5. Interventions can multiply their impact by creatively engaging workers across various
entry points to more holistically inform workers and address the myriad harms caused
to victims of forced labor.

The Human Rights Opportunity | July 2018 46


5

Gender equality
Xiao Yu/Shutterstock.com

The Human Rights Opportunity | July 2018 47


Gender inequality remains an a precondition for, and indicator
everyday reality for the world’s Globally, working women of, sustainable people-centered
women and girls. It can begin still earn 24% less than development.”155
right at the moment of birth and men on average.149
continue throughout the course As illustrated in Figure 4, and
of a woman’s life. depending on the specifics of
the relevant corporate initiative,
Despite critical advances over According to the UN Entity addressing gender-related
the course of recent history, for Gender Equality and the impacts in connection with
women in all countries and Empowerment of Women (UN business may contribute to the
across all socioeconomic levels Women), gender “refers to achievement of an array of the
in society can face various the social attributes and Global Goals, including:
forms of unfair treatment, opportunities associated with
including discrimination, being male and female and the • Goal 1: End poverty in all its
harassment, domestic violence relationships between women forms everywhere156
and sexual abuse. Other forms and men and girls and boys, as
• Goal 2: End hunger, achieve
of abuse that are particularly well as the relations between
food security and improved
prevalent in certain countries women and those between
nutrition and promote
or cultural contexts include men. These attributes,
sustainable agriculture157
forced marriage, honor killings, opportunities and relationships
deprivation of education, denial are socially constructed • Goal 3: Ensure healthy lives
of land and property rights, and and are learned through and promote well-being for all
lack of access to work and to socialization processes.”150 at all ages158
health care.
Furthermore, gender • Goal 4: Ensure inclusive and
equality “refers to the equal equitable quality education
rights, responsibilities and and promote lifelong learning
An estimated 1 out of opportunities of women opportunities for all159
every 3 women worldwide and men and girls and boys.
has experienced sexual Equality does not mean that • Goal 5: Achieve gender
or physical violence at women and men will become equality and empower all
home, in her community, the same but that women’s and women and girls160
and/or in the workplace.148 men’s rights, responsibilities • Goal 6: Ensure availability and
and opportunities will not sustainable management of
depend on whether they are water and sanitation for all161
Women may experience human born male or female.”151
rights abuses at different points in • Goal 8: Promote sustained,
Women and girls comprise half inclusive and sustainable
their working lives, including during
of the planet’s population; their economic growth, full and
recruitment, hiring, promotion
empowerment is essential in productive employment and
and termination processes, as
expanding economic growth and decent work for all162
well as in daily interactions with
promoting social development in
colleagues and supervisors.
a sustainable way. In many cases, • Goal 10: Reduce inequality
Outside of the workplace, the full participation of women within and among countries163
women are often particularly in the workforce would add
double-digit percentage points to • Goal 11: Make cities and
vulnerable to the social and
national growth rates.152 Evidence human settlements inclusive,
environmental impacts of
from around the world shows that safe, resilient and sustainable164
business activities. For example,
in many developing countries, gender equality advancements • Goal 13: Take urgent action to
women and girls are primarily have a ripple effect on all areas combat climate change and
responsible for fetching and of sustainable development, its impacts165
hauling water. When company from reducing poverty, hunger
operations contaminate local and even carbon emissions153 to • Goal 16: Promote peaceful
sources, it is they who carry enhancing the health, well-being and inclusive societies for
the burden of walking, often for and education of entire families, sustainable development,
hours, to the nearest substitute, communities and countries.154 provide access to justice
which can prevent them from In fact, “[e]quality between for all and build effective,
working or going to school. women and men is seen both accountable and inclusive
as a human rights issue and as institutions at all levels166

The Human Rights Opportunity | July 2018 48


Figure 4: Rights related to gender equality and how they link to various SDGs. See the Annex for a list of
associated SDG targets.

The Human Rights Opportunity | July 2018 49


So, how are companies currently • Actors along a global value The case studies below explore
supporting a world in which these chain are collectively each of these innovative and
goals can become a reality – a addressing the human evolving models in more detail.
world in which the rights of women rights impacts associated Each case study captures
and girls are respected across all with a specific product: publicly available information
areas of business activity? The largest supermarkets on the initiative, alongside
in the United Kingdom experiences and opinions from
Examples illustrated by the case are working together on a various actors involved.
studies below include: product-specific project
that engages importers and The following summaries do not
• An individual clothing brand claim to give a definitive account
local civil society groups,
is piloting a peer educator of a specific initiative or of all
government actors, exporters,
training program: A global perspectives on that case study;
farmers and workers to
apparel company is aiming instead, they are intended to
promote decent work for
to address issues around serve as illustrative examples
strawberry pickers in Morocco
women’s health and equality of how action toward corporate
who are women.
in the workplace via peer-to- respect for human rights can
peer training, sensitization • Brands are playing a key make a critical contribution to
among senior management, role in a worker-driven the achievement of various goals
and accessible complaint social impact program that and targets under the SDGs.
channels at the factory level. uses market enforcement
mechanisms to drive
positive change: The
agricultural industry in the
United States is seeing real
transformation in the lives
of women farmworkers
who too often face gender
discrimination and sexual
abuse in the fields.

iStock.com/Manit321

The Human Rights Opportunity | July 2018 50


Inditex’s Sakhi Health and Gender Equity Project
Implementing worker-centric strategies through peer educator programs

Figure 4a: Rights related to Inditex’s Sakhi Health and Gender Equity Project and how they link to various SDGs.

RIGHTS TO: RIGHT TO:


Liberty and security Education
of the person
Freedom of movement RIGHTS TO:
Health
Life

RIGHTS TO:
Work
INDITEX’S RIGHT TO:
Family life SAKHI HEALTH Food and
Just and favorable
conditions of work
AND GENDER nutrition

EQUITY PROJECT

RIGHT TO: RIGHTS TO:


Water and Equal protection
sanitation
Non-discrimination
RIGHT TO:
Freedom from
violence

Multi-stakeholder
partnerships

The challenge factories that Inditex sources from. The response


Most of these women are from
There are more than 1.5 million rural areas with limited economic Inditex recognized these
workers in Inditex’s supply and educational opportunities. widespread challenges in its
chain, and the overwhelming Human rights risks are particularly Indian supply chain and thus
majority of them are women. severe when it comes to their launched the Sakhi Health and
As such, a key objective of health and well-being. For instance, Gender Equity Project in 2016
the global apparel brand is to factory facilities may not be with the dual objectives of
“promote gender equality and equipped to accommodate the addressing women’s health risks
women’s empowerment” across reproductive health needs of in the workplace and preventing
the company’s own staff and women workers; and instances harassment or abuse.
throughout its supply chain.167 of harassment, abuse and
The project is carried out in
discrimination inside and within the
In India, women comprise up partnership with St. John’s
vicinity of factories may run high.
to 80% of the workforce in the National Academy of Health
Services (Bangalore) and the
“The textile industry is a mainstay of the economy in many of Swasti Health Catalyst.169 The
the countries where we operate and women occupy most of pilot phase of the program
the jobs in all stages of production. For this reason, Inditex’s has so far been initiated at six
supply chain is mostly female. And it is our duty and mission factories within Inditex’s supply
to contribute to all these workers having the best working chain in India, covering a total of
conditions and enjoying the same opportunities as a man.” 4,290 workers to date.170

Inditex Annual Report 2016168

The Human Rights Opportunity | July 2018 51


Key aspects of the initiative The Sakhi Health component The Sakhi Gender Equity
of the project is carried out with component of the project is
Named after the Hindi word for St. John’s National Academy of carried out with the Swasti Health
“female friend,” the Sakhi project Health Services (Bangalore) in Catalyst in the following ways:
centers on a peer educator the following ways:
training program where senior • Sensitization training
women workers are trained • Awareness raising and of top management and
to raise awareness at the sensitization workshops production heads in 100%
factory level and educate their with workers, supervisors of Inditex’s suppliers in India
colleagues in the areas of health and factory management in an effort to raise awareness
and gender equity. in the areas of reproductive of gender equality issues
and maternal health, primarily among men in
nutrition, hygiene, HIV/AIDS, senior management at the
“I know that these women ergonomics and access to manufacturing level.
[peer educators] will help local health care services.172
another ten more, and
According to Inditex: “We want to make sure
that ten will help another
ten more. So, I think this ◦◦ Two factories have initiated that management at
whole idea of creating these programs so far, the supplier level is
awareness is cascading covering 740 workers.173 accountable for the
into something which successful running
is much bigger and not ◦◦ Going forward, the project of these programs. It
just restricted to this aims to bring together has to be a supplier
industry.” factory-level peer run and owned project
educators at periodic for the solutions to be
Dr. Deepthi Shanbhag, St. conferences to discuss sustainable and we are
John’s Medical College171 challenges, share good thankfully seeing this
practices and explore happen as suppliers
collective solutions.174 are more and more
building, on their own,
the activities of the
“The majority of workers Sakhi project into their
at the factory level in production calendars
the garment industry going forward.”
in South India are
women; and many of Christian Chandran,
them are coming from Inditex176
rural areas with very
little information about
their health and how
to access basic health
services. This is a risk
for a company like
Inditex that is sourcing
from factories situated
in South India. They
have recognized this
and are trying to skill
up both workers and
management through
the peer educator
program, which is
periodically assessed
and adapted.”

Dr. Naveen Ramesh, St.


Johns Medical College175

The Human Rights Opportunity | July 2018 52


• A collaborative study with • Strengthened systems to
other brands working in address sexual harassment
“Our Sakhi related work
India to identify and analyze grievances in factories by
is not just a project. It’s
worker needs. The study establishing policies and
a movement, and it’s
aims to advance worker well- carrying out capacity building
creating change both
being, better understand the for management and members
inside and outside of
challenges faced by migrant of worker committees.
factories. We’re aiming
workers, and address issues
• Creation of Social Protection to achieve this positive
related to gender-based
help desks at the factory change toward gender
violence, harassment and
level where workers can more equality and worker
discrimination as a means of
easily access social protection health in a culturally
better informing factory-level
resources and services. aware, progressive
programs.
way by adding new
• Development of an anti- According to Inditex: dimensions every
discrimination and anti- year and committing
◦◦ 4 factories have initiated to the long-term work
harassment guide with
these programs so far, of changing mindsets
Swasti Health Catalyst
covering 3,550 workers.178 and – most importantly
based on consultations
with suppliers and ◦◦ 36 employment agencies – behaviors.”
anonymous surveys of and 327 peer educators Mayank Kaushik,
workers, supervisors, and have been trained in the Inditex180
management. prevention of gender-based
abuse in employment
practices.179
“We aim to find and
implement solutions
together with
companies. There’s a
way to achieve business
objectives without
compromising on values
and human rights, and
we’re trying to support
businesses like Inditex
in first understanding
these issues accurately
and then taking action
in an informed way.”

Joseph Julian K.G. and


Shankar A G, Swasti
Health Catalyst177

The Human Rights Opportunity | July 2018 53


The Better Strawberries Group
Enhancing women’s social security and economic empowerment

Figure 4b: Rights related to the Better Strawberries Group and how they link to various SDGs.

RIGHTS TO:
RIGHT TO:
Liberty and security RIGHT TO:
of the person Due
Process An adequate
Freedom of movement standard of living

RIGHT TO: RIGHT TO:


Water and Food and
sanitation nutrition
THE BETTER
RIGHTS TO: STRAWBERRIES
Work
Family life
GROUP RIGHTS TO:
Just and favorable Health
conditions of work Life
Reasonable
working hours
RIGHT TO:
RIGHT TO: Education
Freedom from
violence RIGHTS TO:
Equal protection
Non-discrimination
Multi-stakeholder
partnerships

The challenge recruitment, negotiation of wages, the Moroccan government’s


transportation, supervision and national development plans.181
At the break of dawn, thousands payment. They may face sexual Field workers in this burgeoning
of women across the Larache harassment and verbal abuse industry are overwhelmingly
province in northern Morocco from their supervisors who are women; an estimated 20,000
pack into vans and travel long mostly men. And some do not women are brought into
distances along rough roads to have protective gear to safeguard strawberry jobs each year.182
strawberry fields. There, they pick their health from the heavy While this growth has brought
strawberries for eight hours or use of pesticides in the berry significant working opportunities
more, often for less than minimum industry nor regular access to for women in Morocco, it has
wage and without the social hygienic toilets and clean water also created mounting pressure
security protections offered throughout their work days. on growers to rapidly hire for
at the national level. They may these labor-intensive positions
never interact with farm owners Morocco is one of the largest without sufficient attention to,
and instead deal only with labor exporters of strawberries or concern for, putting decent
intermediaries (waqqaf) regarding in the world; and the berry working conditions in place.183
business is a key player in

“Morocco’s female strawberry pickers, in many cases, could possibly be regarded as a real
and classic example of women’s low-paid labour facilitating greater profits for others ...
[W]hile the sector has been growing significantly and contributing to positive economic
results, unfortunately working conditions within the supply chain have evolved in a
‘predominantly informal and precarious environment.’”
Sian Jones, Oxfam184

The Human Rights Opportunity | July 2018 54


The response Shortly after the formation Key aspects of the initiative
of the Better Strawberries
In 2011, after Oxfam began Group, a stakeholder meeting The Better Strawberries Group
to highlight the increasingly was held in Morocco in 2012 and its affiliated programs have
precarious situation of women where the British importers a distinct focus on improving the
workers in the Moroccan and supermarkets involved working conditions of strawberry
strawberry industry, the began the process of engaging pickers in Morocco who are
Ethical Trading Initiative (ETI) Moroccan berry growers, their women and the provision of
and Oxfam brought together key associations, and civil society social security services at the
most of the United Kingdom’s groups to further outline a local level. Its activities and
major supermarkets (including collective 2012-2015 action plan. results to date are centered on
Marks & Spencer’s, Tesco and the following three components:
Sainbury’s) and berry importers
to develop a plan of action 1. Campaign: In partnership
regarding the issue.185 Termed “You buyers put pressure with the National Social
the Better Strawberries Group, on quality with the Security Fund (CNSS) in
the initiative has thus far focused products. You can also put Morocco and local civil
on the United Kingdom as one pressure on the quality of society coalitions, the
of the largest importers of the conditions for workers. initiative set up “caravan”
fresh Moroccan strawberries. It Strawberry farm owners tents near work sites,
has increasingly engaged with listen to you.” transport spots and villages
retailers and brands in France, to facilitate the formalization
Spain and Sweden as well.186 Woman worker in the of strawberry pickers’ work.
Moroccan strawberry This involved assisting the
industry188 women in obtaining national
identification cards that
“Most of the major allow them to sign formal
retailers in the UK work contracts, register for
are ETI members and A unique analytical tool called social security entitlements,
already working with SenseMaker189 was used in and access free health
key suppliers, so it 2016 to capture the stories and care services. Producers
made sense to build insights of women workers in were also increasingly
on these established a way that empowered them, registered with CNSS as part
relationships to try rather than demeaning or of the program to aid the
and address the issues re-vicitimizing them. The open- Moroccan government in the
faced by these women ended “micro-narratives” shared enforcement of employer
workers in Morocco. It’s by the workers through this contributions to social
important to look at all methodology and the nuanced security programs, as well as
of the actors involved quantitative data captured minimum wage and minimum
in these global supply alongside it have informed and age laws.191 Women with two
chains, facilitating supported the program.190 children may receive up to
collaboration and 40% more income due to
momentum at the government contributions as
international level part of the CNSS program.192
while engaging the
government as well as
producers, civil society
and workers directly in
Morocco.”

Sloane Hamilton,
Oxfam187

The Human Rights Opportunity | July 2018 55


According to Oxfam: 2. Observatory: Each campaign 3. Association of women
caravan also houses an workers: With support from
• Approximately 16,100 “observatory” where local the Better Strawberries Group,
women workers were civil society organizations women workers came together
reached as of 2014.193 raise awareness of labor to form their own workers
rights in Morocco, detect and association, called “Al Karama,”
• More than 1,400 women
collect labor rights violation which means “dignity” in Arabic.
received national
cases, provide guidance and The group has been an active
identification cards.194
resources to the workers, and part of the various components
• Over the course of the record instances for further of the program, liaising with the
project, 14,027 individuals, processing.200 In 2016, the campaign caravans, carrying
including 9,205 women, observatory collected 362 out labor rights training and
received CNSS cards or rights violation cases. awareness raising, collectively
verified existing cards.195 demanding safer transport and
According to Oxfam: decent working conditions,
• The number of people and providing referrals to
• Training on the Moroccan
registered with CNSS workers when they report
labor code and appropriate
in the Larache province specific issues.203 A second
worker relations took place
increased by 40% in 2012 association, named “Al Amal,”
with 17 producers.201
and 70% in 2013.196 was created in 2013 to ensure
• Agricultural transporters women workers’ representation
• The registration of workers
formed their own among local authorities and
with CNSS sits around 65%
association; and local growers, helping to
for the Larache province.197
sensitization training reduce women’s vulnerability
• The Moroccan on safe and humane by providing a direct link
government has provided practices was carried between workers.
support staff for the out with government
registration caravans.198 representatives.202
“[The women workers]
• Employers have reported have acquired a
increased productivity and legitimacy that
more stable workforces.199 now allows them to
organize activities
independently, thereby
further strengthening
the social fabric among
those involved.”

2014 Oxfam report204

The Better Strawberries Group


has met regularly in London
to discuss progress and
challenges. Annual meetings
take place in Morocco among
the various stakeholders
involved.205 Growers involved in
the program have also joined
a “Producers Platform” hosted
by Oxfam to meet and discuss
challenges and successes. They
are in the process of developing
a Code of Conduct that is drawn
from the ETI’s base code.206

The Human Rights Opportunity | July 2018 56


The Fair Food Program
Taking worker-driven standards and enforcement mechanisms to scale

Figure 4c: Rights related to the Fair Food Program and how they link to various SDGs.

RIGHTS TO:
RIGHT TO:
Liberty and security RIGHT TO:
of the person Due
Process An adequate
Freedom of movement standard of living

RIGHT TO: RIGHT TO:


Water and Food and
nutrition
sanitation
THE
RIGHTS TO:
FAIR FOOD
Work
Family life
PROGRAM RIGHTS TO:
Just and favorable Health
conditions of work Life
Reasonable
working hours
RIGHT TO:
RIGHT TO: Education
Freedom from
violence RIGHTS TO:
Equal protection
Non-discrimination
Multi-stakeholder
partnerships

The challenge On farms and in fields across the


country, women farmworkers are
The #MeToo and Time’s Up “[Sexual harassment] is
often verbally or physically abused
movements continue to make the dark underbelly of
by supervisors or managers,
headlines around the world every American agriculture.”
frequently under threat of losing
day. As these and other campaign their jobs or the ability to work in
John Esformes, Pacific
efforts have made clear over many the United States if they resist
Tomato Growers208
decades, some level of gender or report being raped, groped,
discrimination, sexual harassment, grabbed, harassed, demeaned,
abuse and/or violence in the discriminated against, or exposed
workplace is pervasive across to other such behaviors.210
industries and geographies. “Women are routinely
– routinely – sexually Moreover, “[w]omen farmworkers,
The agriculture sector in the just as their male counterparts,
United States is no exception. harassed or assaulted
in the fields.” in fact suffer a wide range of
In fact, women farmworkers degradations, including sub-
face some of the worst gender Greg Asbed, Coalition standard wages, wage theft,
inequality conditions in the of Immokalee Workers, physical and verbal abuse, gender
country – it is estimated that 80% Co-Founder of the Fair and racial/ethnic discrimination,
of farmworkers who are women Food Program209 and high injury and fatality rates.”211
are sexually harassed or assaulted
in the course of their work.207

The Human Rights Opportunity | July 2018 57


The response The FFP currently boasts 14 2. Fair Food Premiums:
participating buyers, including Outlined within the Fair Food
The Coalition of Immokalee Yum Brands (which includes Taco Agreements, this mechanism
Workers (CIW), built on a Bell), Walmart, Chipotle, Trader commits participating buyers
foundation of farmworker Joe’s, Subway, Whole Foods, to pay a “penny per pound”
community organizing in Florida Burger King, and McDonald’s.216 premium on top of the regular
since 1993, established the Fair Growers of 90% of Florida’s price paid for tomatoes or
Food Program (FFP) in 2011.212 tomato production have signed other covered products.
on to the program.217 The FFP The premium is then passed
CIW, farmworkers on
also involves strawberry and through by farmers as a
participating farms, farmers and
bell pepper farmers in Florida, as bonus on worker’s paychecks,
retail food companies implement
well as tomato growers across which are monitored by the
the FFP. The Fair Food Standards
Georgia, South Carolina, North FFSC. This component of
Council (FFSC) is the program’s
Carolina, Virginia, Maryland and the FFP has been lauded
independent monitoring body
New Jersey.218 In mid-2018, the as an innovative living wage
and the only dedicated third
FFP will be expanding into other initiative that recognizes that
party oversight organization
crops in Texas. “workers who worry about
of its kind for agriculture in the
putting the next meal on
United States.213
their family’s table are often
Key aspects of the initiative
The FFP “harnesses the power too constrained by fear to
of consumer demand to give The components of the be effective monitors and
farmworkers a voice in the FFP make up what is called defenders of [their own]
decisions that affect their lives, the “Worker-driven Social rights,” including those relating
and to eliminate the longstanding Responsibility” (WSR) model.219 to gender equality.221 Since the
abuses that have plagued The key FFP mechanisms and FFP’s inception, over US$26
agriculture for generations,” relevant data to date include: million have been added to
including sexual harassment, farmworkers’ payrolls.222
violence, discrimination 1. Legally binding Fair Food
Agreements between 3. Worker education: At the
and abuse.214
participating buyers and time of hire and throughout
CIW: These agreements the growing season, each
require the buyer to farmworker covered by
“The Fair Food Program contribute to the Fair Food the FFP receives training
is tackling gender- Premium aspect of the on the Fair Food Code of
based violence and program, outlined below. Conduct, including its zero
harassment alongside They also provide market tolerance policies on forced
sub-poverty wages, enforcement provisions to labor, child labor, sexual
forced labor, access uphold the Fair Food Code violence and abuse in the
to remedy, and many of Conduct, which goes workplace. The CIW Worker
other human rights- beyond legal compliance to Education Committee, which
related issues that have set a more robust industry is comprised of farmworkers
afflicted this industry in standard around sexual themselves, conducts
the past.” harassment and abuse, worker-to-worker training
as well as issues such as that takes place on company
Steven Hitov, Coalition time and with a company
forced labor, child labor, wage
of Immokalee Workers215 representative present to
theft, working hours, direct
employment and decent demonstrate support from
working conditions, including the employer. To date, over
shade tents, clean drinking 220,000 workers have
water, regular bathroom received “Know Your Rights
breaks, safe transportation and Responsibility” materials
and an end to forced (available in English, Spanish
overfilling of buckets, which and Haitian Creole). CIW
contributes to underpaying has educated nearly 52,000
workers while adding to the workers face-to-face.223
physical strain of farm work.220

The Human Rights Opportunity | July 2018 58


“[The FFP] ends up being a win-win-win proposition. Farmworkers’ lives are improved –
immeasurably – every day. The growers individually become better operations, with less
risk. And buyers no longer have to worry about the possibility of another case coming out.

We’re taking a business approach to human rights that is worker-driven and based on the
principle that companies need to use their market power to improve people’s lives. Our
‘Worker-driven Social Responsibility’ (WSR) model works, and it can be replicated across
other industries and geographies if more and more businesses get involved. The WSR
Network is supporting these efforts, spreading the model to other areas in the United
States, such as with the Milk with Dignity program in Vermont, and even overseas, feeding
into the Bangladesh Accord and tackling workers’ rights issues in the seafood industry in
Southeast Asia.”

Greg Asbed, Coalition of Immokalee Workers, Co-Founder of the Fair Food Program224

4. Independent audits: 5. Complaint resolution When a complaint is submitted


Conducted by the FFSC, the mechanism: In recognition to the hotline, the FFSC
independent and sometimes that even unannounced investigates the situation either
unannounced FFP audits audits are only a snapshot in alone or in collaboration with
involve extensive and time and acknowledging the the relevant grower, depending
ongoing document review right to remedy when human on the specifics of the situation,
and interviews with all levels rights violations occur, the and then develops a corrective
of a farm’s management, from FFP includes a confidential action plan for implementation
the boardroom to the field. complaints system that is by the farmer with support
Moreover, worker interviews independently run by the from FFSC. Whenever possible,
take place with 50% or FFSC. This system centers on resolutions of complaints
more of the workforce on a toll-free, bilingual complaint are made known to the other
any given farm, due in large line that FFSC investigators workers to demonstrate a
part to auditors’ efforts to who know the relevant farms lack of retaliation for bringing
reach workers both in the answer 24 hours a day, 7 days complaints and to reconfirm the
fields and offsite, as auditors a week. The hotline information grower’s commitment to the
visit housing camps, ride informs subsequent audit program. The FFSC maintains a
buses and make themselves interviews and worker detailed database of complaints
present at transport spots. education programs. Since and corrective actions taken; an
Importantly, supervisors are its start and covering around appeals mechanism is built into
not present when onsite seven growing seasons so far, the system.228
interviews are conducted to the program has resolved more
ensure openness of workers than 2,000 complaints. Most
in sharing challenges or complaints are resolved in less
concerns. Audit reports than two weeks and the vast
are then provided to the majority in less than a month.226
grower and to CIW.
Over 20,000 workers have
been interviewed as part
of the FFP audit program. “We’ve received complaints and testimonies of
As of October 2017, the hostile work environments, of supervisors asking for
program has redressed sexual favors in return for ensuring that this woman
6,839 audit findings of keeps her job. We’ve made sure that workers know
non-compliance.225 that there are different avenues that they can take to
make a complaint so that there isn’t any more sexual
harassment in the fields.”

Lupita Aguila Arteaga, Fair Food Standards Council227

The Human Rights Opportunity | July 2018 59


6. Market enforcement: In
“In the instant the event that a serious “Supervisors found
information age, each violation of the Fair Food by the FFSC to have
brand is just one click Code of Conduct arises at engaged in sexual
away from being in the the farm level via any of the harassment with
headlines for human above mechanisms, the physical contact are
rights violations. We’re participating grower must immediately terminated
holding the mirrors remedy the situation. If the and banned from
up to prevent the risk grower fails to do so, it is employment at other
before it blows up in suspended from the FFP and FFP farms for up to two
companies’ faces. the participating brands will years. Participating
therefore no longer buy from Growers must carry
In sexual assault and that supplier until it gains out these terminations,
other cases, we’ve seen reentry to the FFP. This “real or face suspension
each mechanism of this market” incentive within the from the FFP with the
program kicking in and FFP is a key contributor to the accompanying loss
working the way they’re fact that sexual harassment of ability to sell to
supposed to. Only a and abuse are now the Participating Buyers.
program like this can exception, rather than the Supervisors terminated
give brands reassurance rule, throughout the Florida for less severe forms
while at the same time tomato industry and in the of harassment or
ensuring the protection additional farms covered by discrimination also
of workers that come the program. face a program-wide
forward with issues and ban. Allegations of
early warnings. According to the FFSC,
“These measures have sexual harassment
brought an end to impunity are investigated
The headlines for the
for sexual violence and other and resolved with
Florida tomato fields
forms of sexual harassment unprecedented speed,
used to be ‘assault
at Fair Food Program averaging less than
and slavery.’ Now, the
farms, where there have three weeks.”
industry is known as ‘the
best work environment been zero cases of rape Fair Foods 2017 Annual
for agricultural workers or attempted rape since Report231
in the entire United the implementation of FFP
States.’” standards in Season One.
Cases of sexual harassment
Judge Laura Safer by supervisors with any type
Espinoza, Fair Food of physical contact have been “The work that [the
Standards Council229 virtually eliminated, with only FFP] does makes you
one such case found since feel that you are not so
2013.”230 alone in this country.
I think many women
now have more courage
to speak and not
remain silent.”

Amalia Mejia Diaz,


former farmworker
who FFSC helped with a
sexual assault case232

The Human Rights Opportunity | July 2018 60


Key takeaways on gender equality

Individual company action

1. Many human rights risks and impacts associated with women’s rights are
intersectional, meaning that they do not exist separately from one another but are
complexly interwoven. As such, gender issues may most effectively be addressed
through holistic and coordinated approaches that recognize and link related issues
(such as health, socioeconomic status, education, race, etc.) in activities and outreach.

2. Programs that equip affected women to raise awareness themselves and provide
resources to their peers may be an empowering means of expanding the scope,
sustainability and accessibility of such programs.

3. Buy-in from suppliers and behavior changes at the management level are key in
enhancing the long-term impacts of initiatives that may be initiated by global brands
but require sustained commitments from suppliers.

4. Strategic partnerships with technical experts and peer companies within a


sourcing country are instrumental in addressing systemic issues affecting women.

5. Increased representation of women within worker committees and at all levels of a


company may be essential in accurately reflecting gender-related risks and building
the trust necessary to capture and address impacts.

Collective action

1. Economic empowerment and social security are integral to reducing negative


business impacts on the human rights of women and maximizing outcomes for
sustainable development.

2. All actors along a global value chain can use and build their leverage in unique ways
to facilitate change at the international, national and local levels.

3. Collaborative efforts across a specific sector can inspire and equip affected women
to collaborate and organize among themselves, potentially contributing to longer
term advancements in addressing risks and impacts.

4. Worker-driven standard-setting and feedback loops can capture risks and impacts
in a way that traditional social policies and audit systems might not.

5. Market enforcement mechanisms are instrumental in driving real change on the


ground and can be embedded in initiatives in ways that both ensure accountability
and create benefits for all actors involved.

The Human Rights Opportunity | July 2018 61


6

Land rights
Carlos Amarillo/Shutterstock.com

The Human Rights Opportunity | July 2018 62


Land is life. Regardless of • Goal 1: End poverty in all its
geographical location and Approximately 1.6 billion forms everywhere242
socioeconomic status, each people depend on forests
person relies on land, at least to for their livelihoods, • Goal 2: End hunger, achieve
some degree, for the provision including around 70 million food security and improved
of basic human needs such as indigenous people.237 nutrition and promote
clean water to drink, nutritious sustainable agriculture243
food to eat, and safe housing • Goal 3: Ensure healthy lives
to shelter in. Access to, use of and control
over land directly affect people’s and promote well-being for all
In many cases, the planet’s enjoyment of their human rights. at all ages244
most vulnerable populations For example, “[f]or many people, • Goal 5: Achieve gender
also directly rely on land in land is a source of livelihood, equality and empower all
farming, hunting, gathering and and is central to economic women and girls245
carrying out other tasks for daily rights. Land is also often linked
subsistence and in maintaining to peoples’ identities, and so • Goal 6: Ensure availability and
their and their families’ is tied to social and cultural sustainable management of
livelihoods and cultural identities. rights.”238 Moreover, “the human water and sanitation for all246
rights aspects of land affect a
range of issues including poverty • Goal 8: Promote sustained,
Almost 75% of the world’s reduction and development, inclusive and sustainable
poor are affected directly peacebuilding, humanitarian economic growth, full and
by land degradation.233 assistance, disaster prevention productive employment and
and recovery, urban and rural decent work for all247
planning, to name but a few. • Goal 10: Reduce inequality
Business activities can have a Emerging global issues, such as within and among countries248
wide range of impacts on people food insecurity, climate change
in relation to land. According to and rapid urbanization, have also • Goal 11: Make cities and
the UN High Commissioner for refocused attention on how land human settlements inclusive,
Human Rights, “[a]n increasing is being used, controlled and safe, resilient and sustainable249
number of people are forcibly managed by States and
evicted or displaced from their private actors.”239 • Goal 12: Ensure sustainable
land to make way for large- consumption and production
scale development or business Under the UN Declaration on the patterns250
projects, such as dams, mines, Rights of Indigenous Peoples
• Goal 13: Take urgent action to
oil and gas installations or (UNDRIP), land-related human
combat climate change and
ports.”234 What’s more, “[i]n many rights issues are of particular
its impacts251
countries the shift to large-scale concern in the context of
farming has also led to forced business impacts on indigenous • Goal 14: Conserve and
evictions, displacements and populations.240 For instance, sustainably use the oceans,
local food insecurity, which UNDRIP and other frameworks seas and marine resources for
in turn has contributed to such as the International Finance sustainable development252
an increase in rural to urban Corporation (IFC) Performance
migration and consequently Standards require the free, prior • Goal 15: Protect, restore and
further pressure on access to and informed consent (FPIC) of promote sustainable use
urban land and housing.”235 indigenous peoples for business of terrestrial ecosystems,
activities that pose actual or sustainably manage forests,
Land quality is closely linked potential impacts on their land combat desertification, and halt
to a healthy environment and and associated human rights.241 and reverse land degradation
sustainable access to natural and halt biodiversity loss253
resources.236 As such, land As illustrated in Figure 5, and
degradation connected to depending on the specifics • Goal 16: Promote peaceful
private sector activities can of the relevant corporate and inclusive societies for
have significantly negative and initiative, addressing land rights sustainable development,
widespread effects on people, in the context of business provide access to justice
for instance due to higher levels activities may contribute to the for all and build effective,
of water and air pollution or lack achievement of an array of the accountable and inclusive
of access to firewood and other Global Goals, including: institutions at all levels254
essential energy sources.

The Human Rights Opportunity | July 2018 63


Figure 5: Rights related to land and how they link to various SDGs. See the Annex for a list of associated
SDG targets.

The Human Rights Opportunity | July 2018 64


So, how are companies currently • A large buyer of a high-risk The case studies below explore
supporting a world in which these commodity is partnering each of these innovative and
goals can become a reality – a with an international civil evolving models in more detail.
world in which land-related human society organization: A Each case study captures
rights are respected across all global food and beverage publicly available information
areas of business activity? brand is participating in a on the initiative, alongside
new model for socially and experiences and opinions from
Examples illustrated by the case environmentally sustainable various actors involved.
studies below include: palm oil production that
focuses on participatory and The following summaries do not
• Mining companies claim to give a definitive account
inclusive land-use planning
operating in the same of a specific initiative or of all
and development.
region are engaging in perspectives on that case study;
similar initiatives around • An oil and gas company instead, they are intended to
stakeholder engagement: is working with trained serve as illustrative examples
Three diamond mines in community members of how action toward corporate
the Northwest Territories to support early-stage respect for human rights can
of Canada are linked to dialogue with indigenous make a critical contribution to
independent monitoring populations: An extractives the achievement of various goals
agencies set up to protect exploration project in Bolivia and targets under the SDGs.
the environmental and land is working with community
rights of affected Aboriginal liaison officers to implement
groups at all stages of the proactive engagement
mines’ life cycles. strategies with local
indigenous populations based
on past experiences and key
lessons learned.
iStock.com/slpu9945

The Human Rights Opportunity | July 2018 65


De Beers and the Snap Lake Environmental
Monitoring Agency
Supporting community-based oversight bodies to address Aboriginal rights

Figure 5a: Rights related to DeBeers and SLEMA and how they link to various SDGs.

RIGHT TO:
RIGHT TO: Property
A heathy
environment
RIGHT TO:
Food and
nutrition

RIGHTS TO:
Development DE BEERS RIGHTS TO:
Culture and
heritage AND Health
Life
SLEMA
RIGHTS TO:
RIGHTS TO:
Due process
Equal protection
Self-determination
RIGHT TO: Non-discrimination
Water and
sanitation

Multi-stakeholder
partnerships

The challenge to the area since the early The response


1900s.256
The Northwest Territories (NWT) Under the UN Declaration on the
province in Canada is one of While the mining and oil and Rights of Indigenous Peoples
two jurisdictions in the country gas industries have brought (UNDRIP), land-related human
where Aboriginal peoples are economic growth and job rights issues are of particular
in the majority, constituting opportunities to the NWT at concern in the context of
slightly more than 50% of the various stages, significant business impacts on indigenous
population.255 The region’s challenges have arisen in terms populations.258 In this context,
geographical resources include of preserving the land and three diamond mines in the NWT
diamonds, gold, natural gas and natural resource rights of the have taken a distinct approach
petroleum, all of which have Aboriginal population throughout in understanding and managing
attracted extractive companies the course of business activities. risks to surrounding communities
when it comes to land and the
“When we talk about ‘Land’ in the Northwest Territories, environment in connection with
it’s with a capital ‘L.’ Land here means more than just mining operations. The licensing
actual territory. It’s about wildlife, water, air quality, entire and registration process
ecosystems, and livelihoods for the people who live on that for each mine has involved
land. All of this depends on the integrity of the land; and legally binding environmental
there are deep cultural connections to the natural resources agreements between the
connected to both the land and the environment.” respective diamond company,
the federal government, the
Alex Power, Yellowknives Dene First Nation257 NWT government, and affected
Aboriginal groups in the area.

The Human Rights Opportunity | July 2018 66


Each agreement requires 1. Secretariat with an
the establishment of a “Our approach is to Executive Director and an
community-based, independent engage early and often Environmental Analyst. Led
environmental monitoring with potentially affected by the Secretariat, the agency
agency (EMA) to study potential communities, going beyond is charged with: “(1) Reviewing
and actual environmental the minimum requirements and commenting on the
impacts, including those that of the law to capture design of monitoring and
relate to impacts on people, issues and concerns that management plans and the
and facilitate activities around aren’t yet fully addressed results of these activities; (2)
the free, prior and informed in legislation. We also Monitoring and encouraging
consent (FPIC) of Aboriginal share learnings from our the integration of traditional
groups in relation to each experiences with SLEMA knowledge of the nearby
mine. Each EMA acts as a across the whole of the Aboriginal peoples into the
public watchdog organization organization, integrating mine’s environmental plans;
to ensure environmental a better understanding (3) Acting as an intervener in
regulatory compliance by the of these issues across regulatory processes directly
mining company and oversee procurement, human related to environmental
inspection processes by resources, senior matters involving the
government regulators. management and Snap Lake Project and
other functions.” its cumulative effects; (4)
The three EMAs in the NWT Bringing concerns of the
include: (1) the Independent Alexandra Hood, De Beers Aboriginal peoples and the
Environmental Monitoring Mining Canada262 general public to De Beers
Agency (IEMA), covering Canada Mining Inc. and the
Dominion Diamond Ekati government; (5) Keeping
Corporation’s Ekati mine;259 (2) Key aspects of the initiative Aboriginal peoples and the
the Environmental Monitoring public informed about Agency
Advisory Board (EMAB), covering As an example of the EMA activities and findings; and
Diavik Diamond Mines’ Diavik approach to addressing land- (6) Writing an Annual Report
mine;260 and (3) the Snap Lake related human rights risks to with recommendations that
Environmental Monitoring Aboriginal groups associated require the response of De
Agency (SLEMA), covering De with mining activities, De Beers Beers Canada Mining Inc. and/
Beers Mining Canada’s Snap and the work of SLEMA involves or government.”263
Lake mine.261 All three agencies the following components and
facilitate multi-stakeholder activities to date:
dialogue and engagement
across Aboriginal, company and
government actors.

The Human Rights Opportunity | July 2018 67


“De Beers has been very proactive in its engagement with SLEMA. Our assessment is that
they want to do a good job and have this be a positive case study that they can learn from.
They’re quite focused on engagement and want the project to be wrapped up nicely. They
place particular importance on the role of SLEMA in bringing traditional knowledge into the
picture and incorporating this information in the company’s decision-making processes.

De Beers and other companies must understand that, if they want to do business in these
types of regions, they have to do it in collaboration with the impacted communities. The
SLEMA model is a smart approach that should be replicated, synchronized, adequately
resourced and shared wherever possible.”

Philippe di Pizzo, Executive Director, SLEMA264

2. Agency board comprised of


eight representatives from “It is incredibly important to have an independent
the four signatory Aboriginal oversight body for these types of business projects,
groups, including the Tli Cho where surrounding communities are impacted in
Government, Lutsel k’e Dene numerous ways. It’s really key for Aboriginal groups
First Nation, Yellowknives to have an expert body to go to, because we’re under-
Dene First Nation, and the resourced, particularly where multiple projects require
North Slave Metis Alliance. our consultation and participation. These oversight bodies
The board “strives to also carry a lot of weight in terms of credibility as they are
involve Aboriginal traditional directed by multiple groups, maintain full independence
knowledge and conventional and blend scientific and traditional knowledge.”
science in its assessment
of mining activities and Alex Power, Yellowknives Dene First Nation268
environmental reports
submitted by De Beers and
government inspectors.”265

3. Technical panel made up “Throughout the course of our mining operations, we see
of scientific experts who ourselves as stewards of the land, and we aim to be open
are familiar with the NWT and transparent so that we’re trustworthy in this role. All
and who have reviewed of our Snap Lake reports have been open to public review
the mine’s annual reports, and comment and we’ve welcomed community members
wildlife monitoring program, to visit the mine and see the activities for themselves.
Aquatic Effects Monitoring Our priority is to leave a positive legacy wherever we have
Program Design Plan, and operated and with the surrounding communities. In the
the Interim Closure and end, we should avoid focusing on assumed differences in
Reclamation Plan.266 values and instead come from a place that recognizes our
4. Traditional Knowledge (TK) shared interests. We also want the water to be clean, the
panel comprised of Elders fish to be good to eat, and the land to be left as it is. This is
from the affected Aboriginal our responsibility and it’s also in the economic interest of
groups that have hunted, the company.”
trapped and lived in the area Alexandra Hood, De Beers Mining Canada269
of the mine site. The TK panel
provides “advice on water and
fisheries issues and wildlife
and habitat issues.”267 The
group has a particular focus
on the mine’s current closure
activities and on ensuring that
this stage of the project is
monitored for the long-term
stability of the land once the
company leaves.

The Human Rights Opportunity | July 2018 68


PepsiCo’s Participation in Oxfam’s FAIR Company-
Community Partnerships
Piloting new models to address risks to land rights in the palm oil industry

Figure 5b: Rights related to the PepsiCo’s participation in Oxfam’s FAIR Company-Community
Partnerships and how they link to various SDGs.

RIGHT TO:
An adequate
RIGHT TO: standard of living
A heathy RIGHT TO:
environment Property

RIGHT TO: PEPSICO AND RIGHT TO:


Development OXFAM’S Food and
nutrition
FAIR COMPANY-
COMMUNITY
PARTNERSHIPS
RIGHTS TO:
Health
RIGHT TO:
Life
Due process

RIGHT TO: RIGHTS TO:


Water and Equal protection
sanitation Non-discrimination

Multi-stakeholder
partnerships

The challenge global palm oil production “will child labor, forced labor and
need additional land that would other labor-related impacts.278
Palm oil is the most widely be equivalent to the total area of
consumed vegetable oil on the Bangladesh” by 2050.274 With the aim of improving
planet,270 with global use more environmental and social
than doubling over the past 15 Land expansion is therefore key sustainability in the industry,
years.271 Currently contained to the sector’s ability to keep up various palm industry
in approximately half of all with this rapid increase in global stakeholders came together
consumer goods,272 this high- demand. As a result, businesses to form the Roundtable on
yielding agricultural commodity along palm oil supply chains Sustainable Palm Oil (RSPO) in
is found in packaged foods have long faced significant public 2004.279 The RSPO’s primary
like margarine, ice cream and criticism around the industry’s mechanism in working to
chocolate, as well as non-food contributions to deforestation, achieve this goal is “a set of
products like body lotion, soap biodiversity loss, climate environmental and social criteria
and biofuel.273 change and other environmental which companies must comply
impacts.275 The sector has with in order to produce Certified
The production of palm oil, while also been linked to significant Sustainable Palm Oil.”280 With
highly efficient as compared human rights violations related the immense amount of land
to all other oil crops, requires to communities’ land and involved in palm oil production,
considerable swaths of land to natural resource rights,276 food the RSPO’s focus thus far has
be cleared for palm nurseries and insecurity and land conflict.277 been on certification among
plantations. Industry analysts More recently, the production large-scale producers.281 At the
have estimated that, in order to and processing of palm oil has same time, a significant amount
meet projected demand growth, been connected to reports of of the sector’s land use is among

The Human Rights Opportunity | July 2018 69


smallholder farmers whom The response on high conservation value
current certification mechanisms (HCV) and high carbon stock
do not often reach and As a significant buyer of palm oil, (HCS) assessments, as well
where risks to people and the PepsiCo is an important actor in as separate capacity-building
environment are often among addressing land-related human programs with the national
the most severe.282 rights issues in the industry. association of palm oil mills and
The global food and beverage producers, smallholders and the
company has identified land federal government.289
“The main issues linked rights as one of its salient human
to the palm oil sector rights issues – the human As part of these ongoing
are connected to the rights at risk of the most severe efforts, PepsiCo made a
industry’s rapid growth, impacts in the company’s commitment in February
which requires additional operations and supply chains.284 2018 to participate in Oxfam’s
land. The key risks and PepsiCo’s salient human rights FAIR Company-Community
impacts are therefore issues also include land-related Partnerships, which “offer an
around deforestation issues such as the human right alternative business model that
and greenhouse gas to water and vulnerable workers addresses sustainability issues
emissions, but also such as women.285 holistically, ensuring respect
around land grabs and for human rights, protection of
land degradation, A key milestone in PepsiCo’s the environment, and inclusive
both of which directly approach to the sustainable economic development through
impact people. sourcing of palm oil was its 2014 a multi-stakeholder, landscape-
commitment to “zero tolerance” based approach.”290
There is a particular lack for land grabs across its supply
of visibility around these chains following Oxfam’s Behind With an initial focus on Indonesia
issues when it comes to the Brands campaign and in its work with PepsiCo, the
smallholders, who are associated advocacy efforts.286 FAIR Partnerships project
bringing land assets to In the past year, PepsiCo and its acronym stand for: (1)
out-grower schemes has also made a number of Freedom of choice, including
that often fail to take time-bound implementation free, prior and informed consent;
an inclusive approach plans regarding its land rights (2) Accountability, including
with smallholders and commitments in Brazil, Mexico, transparent agreements and
communities. These Thailand and Indonesia.287 grievance mechanisms; (3)
long-standing palm oil Improvement and sharing of
models are therefore As the largest buyer of palm benefits, including improved
characterized by oil in Mexico, the company has yields and resource use
exploitation and vast published a detailed analysis of efficiency; and (4) Respect for
changes in land use land tenure risks and impacts288 rights and the environment.291
without adequate social and is now carrying out training
and environmental
protections in place.”
“When individuals and communities understand their
Johan Verburg,
rights regarding land and land tenure, it contributes to
Oxfam Novib283
them being in a secure position where they are better able
to claim the full range of their other human rights.

We know that the challenges and issues in palm are


systemic and we can’t change them alone. We need to
collaborate with others, and the FAIR Partnerships project’s
role as a multi-stakeholder platform is key in this regard.

This is about further developing smallholder farmers and


women, protecting the environment, and implementing
our commitments on land rights. We’re building on our
experience and learning in other sectors and geographies to
maximize positive outcomes for people with this project.”

Natasha Schwarzbach, PepsiCo292

The Human Rights Opportunity | July 2018 70


Key aspects of the initiative While the project remains in the • Capacity building with local
early stages of implementation, civil society organizations,
The FAIR Company-Community the initiative is currently service providers and
Partnerships “require the active focused on demonstration government actors, as well as
participation of multiple global and projects that can then be environmental organizations
national companies in the palm scaled up based on “the proven and other relevant platforms
oil value chain, local government business case, lessons learned, in order to align, and not
agencies, civil society groups, and impact measured.”299 duplicate, efforts.303
and farmer organizations.”293 The main components
Following the development of of these demonstration • Engagement with commodity
its conceptual model in 2014,294 projects will include: markets and capital markets,
the initiative was co-created which aim to “execut[e] their
with sector stakeholders for two • Participatory mapping sustainable palm oil policies
demonstration projects that and land use planning to and [meet] sustainability
began initial field-level activities “establish multi-functional objectives, notably taking
in 2017. As the project is taken mosaic landscapes in which deforestation out of their
to scale, it will reach multiple stakeholders ... arrive at value chains and ensuring
locations in Indonesia, the optimal combinations of smallholder inclusion.”304
Democratic Republic of the Congo export crops such as palm
and Nigeria.295 oil, local food crops and • Monitoring, evaluation and
conservation areas, notably learning systems that build
PepsiCo is the first buyer forest and peat land” in order out data collection methods
to publicly support the to enhance food security, and guide joint learning.305
FAIR Company-Community safeguard land rights and
Partnerships. In addition, the diversify incomes.300 Local “FAIR Company-
initiative has “engaged with government authorities will Community Partnerships
numerous commodity sector be invited to support this bring together a wide
and financial sector companies” landscape approach.301 range of salient human
including “plantation and
rights issues in the palm
mill companies, consumer • Direct engagement from
oil industry, providing an
goods manufacturers, palm oil companies to their
avenue for companies
commercial and development host communities and
to address their most
banks, and institutional and small producers “at an early
severe impacts more
impact investors.”296 In these stage, when a company and
holistically.
engagements, the project’s host community start to (re-)
approach is to “collaborate consider relationships in palm Implementation of
with buyers and investors to oil production, especially at commitments around
engage and support palm oil the moment of new plantings land rights and corporate
producers who, in turn, engage or replanting.”302 respect for human
smallholder suppliers and their rights takes time and
host communities.”297 resources, but PepsiCo
has taken an important
“The FAIR Partnerships project is rethinking the ‘business step in committing to
as usual’ growth model for palm oil production, processing, this project. The lessons
and trade. It’s taking a holistic approach that zooms in on they learn through
company-community relations to more effectively include their involvement will
smallholders and impacted communities in land use be valuable not only to
planning and development. PepsiCo but to wider
industry efforts.”
The businesses involved, including PepsiCo, are key
ambassadors for this new model as it builds on other Chloe Christman Cole,
collective, multi-stakeholder efforts such as RSPO. Our Oxfam America306
goal in the long term is to move from commitments around
what you should not be doing as a company, for instance
‘zero tolerance’ for land grabs and other human rights
violations, to alternative models that are more positive and
focused on implementation.”

Johan Verburg, Oxfam Novib298

The Human Rights Opportunity | July 2018 71


Total’s Community Liaison Officer Approach to
Dialogue with Indigenous Groups in Bolivia
Going beyond compliance to engage rights-holders early and often

Figure 5c: Rights related to Total’s CLO approach in Bolivia and how they link to various SDGs.

RIGHTS TO:
Health
Life
RIGHT TO:
A heathy RIGHT TO:
environment
Property

TOTAL’S CLO
RIGHTS TO: APPROACH RIGHTS TO:
Development
Culture and
IN BOLIVIA Due process
Self-determination
heritage

RIGHT TO: RIGHTS TO:


Water and Equal protection
sanitation Non-discrimination

Multi-stakeholder
partnerships

The challenge The company’s Incahuasi


“The operations in project, the development of
Land rights and land tenure our business units which began in 2012, faced
issues have a particularly may require land, for challenges in its relationship
complex history in Bolivia. Rich temporary or permanent with Guaraní communities
in gas reserves, the landlocked use, including the when, during excavation
country in western-central South possibility of physical and/ activities in preparation for the
America has undergone various or economic displacement construction of a gas plant,
stages of political turmoil due in and resettlement, which archeological findings including
no small part to conflict over who can, in turn, impact artifacts and burial remains
controls these natural resources the human rights of were uncovered.310 In response
and associated landholdings.307 neighboring communities. to these developments and
Depending on the specific corresponding tensions with
Since 2003, Total Exploration
societal context such local indigenous leaders, the
and Production Bolivia (TEPBO),
as population density, company engaged a conflict
a wholly-owned subsidiary of
land occupation and use, transformation specialist, a
French oil and gas company Total,
gender dimensions or historian specializing in Bolivian
has explored natural gas projects
livelihood patterns, there indigenous groups, and the
in Bolivia’s eastern lowlands,
may be negative impacts Office of the High Commissioner
where several Guaraní indigenous
on livelihoods.” for Human Rights in Bolivia
territories are located.308
to carry out cross-functional
Total’s 2016 Human Rights human rights workshops and
Briefing Paper309 awareness-raising among
TEPBO staff.311

The Human Rights Opportunity | July 2018 72


“Access to land can be a significant issue, both in developed and developing countries,
and it is a particularly important topic in areas where land is used by communities
for farming, tourism or where there are cultural heritage concerns around land. It
can also be especially complex in developing countries where land grabbing could
be prevalent and where the land titling process is inefficient or not transparent. Our
operations are sometimes located in these challenging environments. Some of our
societal assessments and human rights assessments have shown that land access is a
significant human rights issue in our operations.”

Total’s 2016 Human Rights Briefing Paper312

The response In its exploration and production Implementing new strategies


(E&P) business segment, Total based on its experience with
Under the umbrella of “human has instituted a Community the Incahuasi Project, TEPBO
rights and local communities,” Liaison Officer (CLO) program has subsequently taken a
Total has identified its salient as part of its efforts to address distinct approach in its Azero
human rights – the human these salient issues. CLOs are Project.316 The company’s new
rights at risk of the most severe “typically members of the local model incorporates a key role
impacts in the company’s community, whose language for its CLOs and recognizes the
operations and supply chains – they speak and whose customs need for heightened measures
to include access to land.313 The they understand,” and they are that go beyond expectations
oil and gas company’s salient directly employed by Total’s laid out in national regulations
issues also include land-related business units to maintain a when it comes to community
issues such as the right to health dialogue with local communities consultation and participation
and the right to an adequate impacted by the operations of around land.317
standard of living since “[n] the company or its affiliates.315
oise, dust, emissions and other
impacts could have implications
for the health of local
communities, their livelihood and “Our approach in the Azero project in Bolivia has
access to ecosystem services – required that we go beyond compliance of local legal
i.e. services delivered by nature standards and put in efforts to engage in meaningful
to people – like drinking water.”314 consultation with affected communities and reach
international expectations. For that purpose, initiating
In the context of its experience early engagement, by conducting in-house baseline
with the Incahuasi Project, social studies with a participatory approach and with a
TEPBO reexamined its highly trained and well-respected CLO team, has been
community relationship challenging at times but a very fruitful experience
approach in the country, that we are now aiming to replicate elsewhere. We’ve
particularly when it comes observed the communities that we’ve worked with
to communication and knowing and claiming their rights based on this
participatory strategies for experience and now asking their leaders and other
social and environmental impact companies to meet these higher standards as well.
assessments. In 2015, TEPBO
began environmental and social Another important component has been engaging
studies of exploration activities external stakeholders like International Alert, CDA,
for its Azero Project, which and Oxfam to consistently challenge us, bring
covers a land block adjacent to constructive insights, and foster the effectiveness of
the Incahuasi Project area. The our social performance.”
Azero block contains a national
park, presenting heightened risk Cynthia Trigo, Total318
for additional land-related human
rights impacts and associated
company-community conflict.

The Human Rights Opportunity | July 2018 73


Key aspects of the initiative • Subsequent social impact • Building out of internal
assessments, carried out by TEPBO “societal team”
TEPBO’s CLO approach to consultants but also taking a with experts in community
dialogue with the Guaraní groups participatory approach with engagement and relationship
potentially affected by activities the affected communities who management in Bolivia,
associated with the Azero identified and validated the alongside ongoing
project includes the following potential impacts of the project. engagement with key
components: stakeholder groups
• Gap analysis by external such as local government
• Social baseline study at experts around the concept authorities, local offices of
the start of exploration of free, prior and informed international human rights
activities, conducted by a consent (FPIC), drawing organizations, and expert civil
team of CLOs who were also from the expectations set society organizations.321
social science professionals. out in the International
The study took a participatory Finance Corporation’s
approach, involving a Performance Standards.320
wide range of indigenous
representatives, not just
traditional leaders. The aim
of the various in-person
meetings that took place “Companies should start engaging potentially impacted
as part of the study was to communities as early as possible. Part of what we’ve
provide early transparency learned from our experiences in Bolivia is that strong
around the project and management systems around land and human rights
multiple opportunities for input issues need to be put in place at the exploration phase
regarding potential impacts if risks and impacts are to be correctly understood and
and mitigation measures.319 addressed. These issues can then be better integrated
throughout decision-making processes and the
company’s relationship with communities is then more
likely to be positive throughout the course of the project.

This engagement, early and often, is a smart investment,


not simply an additional cost. For instance, our hiring
of CLOs and investment in community relationship
programs make good business sense in addition to being
part of Total’s responsibility to respect human rights.”

Cynthia Trigo, Total322

The Human Rights Opportunity | July 2018 74


Key takeaways on land rights

Individual company action

1. Legally binding agreements between the company, affected rights-holders, and


relevant government authorities can provide clear parameters, valuable oversight
mechanisms and robust accountability structures that aid in ensuring respect for
land-related human rights.

2. A willingness to participate in new multi-stakeholder models can complement


existing initiatives, address important gaps in current implementation efforts and
place a company at the forefront of innovative efforts.

3. Working hand-in-hand with community representatives in formalized ways can


bridge cultural and other contextual gaps when it comes to local engagement and
relationship building around sensitive issues such as land rights.

4. Affected stakeholders may require support in order to effectively and meaningfully


engage in consultation processes that are required or otherwise necessary to
address land-related risks and impacts. Depending on context, such support might be
in the form of financial resources, formal employment or expert guidance, and it may
come from business where there is openness from stakeholders.

5. Prioritizing meaningful stakeholder engagement early and often can assist a


company in avoiding any escalation of land-related conflicts or other challenges
throughout the lifespan of a project. This may include early land tenure diagnoses
to enhance the company’s understanding of land rights in the project area before
entering into easements or purchases.
iStock.com/ joakimbkk

The Human Rights Opportunity | July 2018 75


7

Annex
Associated SDG targets by human rights issue

The Human Rights Opportunity | July 2018 76


Living Wages – Figure 2 • Goal 3: Ensure healthy lives ◦◦ Target 5.7: Undertake
and promote well-being for all, reforms to give women
• Goal 1: End poverty, in all its at all ages1 equal rights to economic
forms, everywhere1 resources, as well as access
◦◦ Target 3.8: Achieve universal to ownership and control
◦◦ Target 1.1: By 2030, health coverage, including over land and other forms of
eradicate extreme poverty financial risk protection, property, financial services,
for all people everywhere, access to quality essential inheritance and natural
currently measured as health-care services, and resources, in accordance
people living on less than access to safe, effective, with national laws.
US$1.25 a day quality and affordable
essential medicines and ◦◦ Target 5.a: Undertake
◦◦ Target 1.2: By 2030, vaccines for all reforms to give women
reduce at least by half the equal rights to economic
proportion of men, women, • Goal 4: Ensure inclusive and resources, as well as access
and children of all ages quality education for all, and to ownership and control
living in poverty in all its promote lifelong learning1 over land and other forms of
dimensions according to property, financial services,
◦◦ Target 4.2: By 2030, ensure
national definitions inheritance, and natural
that all girls and boys have
resources, in accordance
◦◦ Target 1.4: By 2030, ensure access to quality early
with national laws 
that all men and women, childhood development,
in particular the poor care, and pre-primary • Goal 6: Ensure access to
and the vulnerable, have education so that they are water and sanitation for all1
equal rights to economic ready for primary education
resources, as well as ◦◦ Target 6.1: By 2030, achieve
access to basic services, ◦◦ Target 4.5: By 2030, universal and equitable
ownership, and control over eliminate gender disparities access to safe and affordable
land and other forms of in education and ensure drinking water for all
property, inheritance, natural equal access to all levels of
education and vocational • Goal 7: Ensure access to
resources, appropriate affordable, reliable, sustainable,
new technology, and training for the vulnerable,
including persons with and modern energy for all1
financial services, including
microfinance  disabilities, indigenous ◦◦ Target 7.1: By 2030,
peoples, and children in ensure universal access
• Goal 2: End hunger, achieve vulnerable situations to affordable, reliable and
food security and improved modern energy services
nutrition, and promote • Goal 5: Achieve gender
sustainable agriculture1 equality, and empower all • Goal 8: Promote inclusive and
women and girls1 sustainable economic growth,
◦◦ Target 2.1: By 2030, end employment, and decent work
hunger and ensure access ◦◦ Target 5.1: End all forms of
for all1
by all people, in particular discrimination against all
the poor and people in women and girls everywhere ◦◦ Target 8.1: Sustain per
vulnerable situations, capita economic growth in
◦◦ Target 5.2: Eliminate all
including infants, to safe, accordance with national
forms of violence against
nutritious, and sufficient circumstances and, in
all women and girls in the
food all year round particular, at least 7 per cent
public and private spheres,
gross domestic product
◦◦ Target 2.2: By 2030, end including trafficking and
growth per annum in the
all forms of malnutrition, sexual and other types of
least developed countries
including achieving, by exploitation.
2025, the internationally ◦◦ Target 8.5: By 2030,
◦◦ Target 5.5: Ensure
agreed targets on stunting achieve full and productive
women’s full and effective
and wasting in children employment and decent
participation and equal
under 5 years of age, and work for all women and
opportunities for leadership
address the nutritional men, including for young
at all levels of decision-
needs of adolescent girls, people and persons with
making in political,
pregnant and lactating disabilities, and equal pay
economic, and public life 
women, and older persons for work of equal value 

The Human Rights Opportunity | July 2018 77


◦◦ Target 8.7: Take immediate ◦◦ Target 11.1: By 2030, ensure ◦◦ Target 5.3: Eliminate all
and effective measures to access for all to adequate, harmful practices, such
eradicate forced labour, end safe and affordable housing as child, early and forced
modern slavery and human and basic services and marriage and female genital
trafficking and secure the upgrade slums mutilation
prohibition and elimination
of the worst forms of ◦◦ Target 5.5: Ensure
child labour, including women’s full and effective
Forced Labor – Figure 3 participation and equal
recruitment and use of child
soldiers, and by 2025 end opportunities for leadership
child labour in all its forms. • Goal 3: Ensure healthy lives at all levels of decision-
and promote well-being for all making in political,
◦◦ Target 8.8: Protect labour at all ages1 economic, and public life
rights and promote safe
and secure working ◦◦ Target 3.4: By 2030, reduce ◦◦ Target 5.7: Undertake
environments for all by one third premature reforms to give women
workers, including migrant mortality from non- equal rights to economic
workers, in particular communicable diseases resources, as well as access
women migrants, and those through prevention and to ownership and control
in precarious employment treatment and promote over land and other forms of
mental health and well-being property, financial services,
• Goal 10: Reduce inequality inheritance and natural
within and among countries1 • Goal 4: Ensure inclusive and resources, in accordance
equitable quality education with national laws.
◦◦ Target 10.1: By 2030, and promote lifelong learning
progressively achieve and opportunities for all1 • Goal 8: Promote sustained,
sustain income growth of inclusive and sustainable
the bottom 40 per cent ◦◦ Target 4.1: By 2030, ensure economic growth, full and
of the population at a rate that all girls and boys productive employment and
higher than the national complete free, equitable, decent work for all1
average and quality primary and
secondary education ◦◦ Target 8.5: By 2030,
◦◦ Target 10.2: By 2030, leading to relevant and achieve full and productive
empower and promote effective learning outcomes employment and decent
the social, economic and work for all women and
political inclusion of all, ◦◦ Target 4.5: By 2030, men, including for young
irrespective of age, sex, eliminate gender disparities people and persons with
disability, race, ethnicity, in education and ensure disabilities, and equal pay
origin, religion or economic equal access to all levels of for work of equal value
or other status education and vocational
training for the vulnerable, ◦◦ Target 8.7: Take immediate
◦◦ Target 10.3: Ensure equal including persons with and effective measures to
opportunity and reduce disabilities, indigenous eradicate forced labour, end
inequalities of outcome, peoples, and children in modern slavery and human
including by eliminating vulnerable situations trafficking and secure the
discriminatory laws, prohibition and elimination
policies and practices and • Goal 5: Achieve gender of the worst forms of
promoting appropriate equality and empower all child labour, including
legislation, policies and women and girls1 recruitment and use of child
action in this regard  soldiers, and by 2025 end
◦◦ Target 5.1: End all forms of
child labour in all its forms
◦◦ Target 10.4: Adopt policies, discrimination against all
especially fiscal, wage and women and girls everywhere ◦◦ Target 8.8: Protect labour
social protection policies, rights and promote safe
◦◦ Target 5.2: Eliminate all forms
and progressively achieve and secure working
of violence against all women
greater equality environments for all
and girls in the public and
workers, including migrant
• Goal 11: Make cities and private spheres, including
workers, in particular
human settlements inclusive, trafficking and sexual and
women migrants, and those
safe, resilient, and sustainable1 other types of exploitation
in precarious employment

The Human Rights Opportunity | July 2018 78


• Goal 10: Reduce inequality resources, as well as ◦◦ Target 3.2: By 2030, end
within and among countries1 access to basic services, preventable deaths of
ownership, and control over newborns and children
◦◦ Target 10.1: By 2030 land and other forms of under 5 years of age, with all
progressively achieve and property, inheritance, natural countries aiming to reduce
sustain income growth of the resources, appropriate neonatal mortality to at
bottom 40 per cent of the new technology, and least as low as 12 per 1,000
population at a rate higher financial services, including live births and under-5
than the national average microfinance mortality to at least as low
as 25 per 1,000 live births 
◦◦ Target 10.2: By 2030, • Goal 2: End hunger, achieve
empower and promote the food security and improved ◦◦ Target 3.4: By 2030, reduce
social, economic and political nutrition, and promote by one third premature
inclusion of all, irrespective sustainable agriculture1 mortality from non-
of age, sex, disability, race, communicable diseases
ethnicity, origin, religion or ◦◦ Target 2.1: By 2030, end through prevention and
economic or other status hunger and ensure access treatment and promote
by all people, in particular mental health and well-being
◦◦ Target 10.3: Ensure equal the poor and people in
opportunity and reduce vulnerable situations, ◦◦ Target 3.7: By 2030, ensure
inequalities of outcome, including infants, to safe, universal access to sexual
including by eliminating nutritious, and sufficient and reproductive health-
discriminatory laws, food all year round care services, including for
policies and practices and family planning, information
promoting appropriate ◦◦ Target 2.2: By 2030, end and education, and the
legislation, policies and all forms of malnutrition, integration of reproductive
action in this regard including achieving, by health into national
2025, the internationally strategies and programmes
◦◦ Target 10.4: Adopt policies, agreed targets on stunting
especially fiscal, wage and and wasting in children ◦◦ Target 3.8: Achieve universal
social protection policies, under 5 years of age, and health coverage, including
and progressively achieve address the nutritional financial risk protection,
greater equality. needs of adolescent girls, access to quality essential
pregnant and lactating health-care services, and
• Goal 16: Promote peaceful
women, and older persons  access to safe, effective,
and inclusive societies for
quality and affordable
sustainable development, ◦◦ Target 2.3: By 2030, double essential medicines and
provide access to justice the agricultural productivity vaccines for all
for all and build effective, and incomes of small-scale
accountable and inclusive food producers, in particular • Goal 4: Ensure inclusive and
institutions at all levels1 women, indigenous quality education for all, and
peoples, family farmers, promote lifelong learning1
◦◦ Target 16.2: End abuse,
pastoralists, and fishers,
exploitation, trafficking and ◦◦ Target 4.5: By 2030,
including through secure
all forms of violence against eliminate gender disparities
and equal access to land,
and torture of children in education and ensure
other productive resources
and inputs, knowledge, equal access to all levels of
financial services, markets, education and vocational
Gender Equality – and opportunities for value training for the vulnerable,
Figure 4 addition and non-farm including persons with
employment disabilities, indigenous
• Goal 1: End poverty, in all its peoples, and children in
• Goal 3: Ensure healthy lives vulnerable situations 
forms, everywhere1
and promote well-being for all,
◦◦ Target 1.4: By 2030, ensure at all ages1 ◦◦ Target 4.7: By 2030,
that all men and women, ensure that all learners
◦◦ Target 3.1: By 2030, acquire the knowledge and
in particular the poor
reduce the global maternal skills needed to promote
and the vulnerable, have
mortality ratio to less than sustainable development,
equal rights to economic
70 per 100,000 live births 

The Human Rights Opportunity | July 2018 79


including, among others, ◦◦ Target 5.a: Undertake prohibition and elimination
through education for reforms to give women of the worst forms of
sustainable development equal rights to economic child labour, including
and sustainable lifestyles, resources, as well as access recruitment and use of child
human rights, gender to ownership and control soldiers, and by 2025 end
equality, promotion of a over land and other forms of child labour in all its forms
culture of peace and non- property, financial services,
violence, global citizenship inheritance, and natural ◦◦ Target 8.8: Protect labour
and appreciation of cultural resources, in accordance rights and promote safe
diversity and of culture’s with national laws  and secure working
contribution to sustainable environments for all
development • Goal 6: Ensure access to workers, including migrant
water and sanitation for all1 workers, in particular
• Goal 5: Achieve gender women migrants, and those
equality, and empower all ◦◦ Target 6.1: By 2030, in precarious employment 
women and girls1 achieve universal and
equitable access to safe • Goal 10: Reduce inequality
◦◦ Target 5.1: End all forms of and affordable drinking within and among countries1
discrimination against all water for all
women and girls everywhere ◦◦ Target 10.1: By 2030,
◦◦ Target 6.2: By 2030, achieve progressively achieve and
◦◦ Target 5.2: Eliminate all forms access to adequate and sustain income growth of the
of violence against all women equitable sanitation and bottom 40 per cent of the
and girls in the public and hygiene for all and end open population at a rate higher
private spheres, including defecation, paying special than the national average
trafficking and sexual and attention to the needs of
other types of exploitation  women and girls and those ◦◦ Target 10.2: By 2030,
in vulnerable situations empower and promote
◦◦ Target 5.5: Ensure the social, economic and
women’s full and effective • Goal 8: Promote inclusive and political inclusion of all,
participation and equal sustainable economic growth, irrespective of age, sex,
opportunities for leadership employment, and decent work disability, race, ethnicity,
at all levels of decision- for all1 origin, religion or economic
making in political, or other status
economic, and public life  ◦◦ Target 8.5: By 2030,
achieve full and productive ◦◦ Target 10.3: Ensure equal
◦◦ Target 5.6: Ensure universal employment and decent opportunity and reduce
access to sexual and work for all women and inequalities of outcome,
reproductive health and men, including for young including by eliminating
reproductive rights as agreed people and persons with discriminatory laws,
in accordance with the disabilities, and equal pay policies and practices and
Programme of Action of the for work of equal value  promoting appropriate
International Conference on legislation, policies and
Population and Development ◦◦ Target 8.6: Take immediate action in this regard
and the Beijing Platform for and effective measures to
Action and the outcome eradicate forced labour, end ◦◦ Target 10.4: Adopt policies,
documents of their review modern slavery and human especially fiscal, wage and
conferences  trafficking and secure the social protection policies,
prohibition and elimination and progressively achieve
◦◦ Target 5.7: Undertake of the worst forms of greater equality
reforms to give women child labour, including
equal rights to economic recruitment and use of child • Goal 11: Make cities and
resources, as well as access soldiers, and by 2025 end human settlements inclusive,
to ownership and control child labour in all its forms. safe, resilient, and sustainable1
over land and other forms of
◦◦ Target 8.7: Take immediate ◦◦ Target 11.2: By 2030,
property, financial services,
and effective measures to provide access to safe,
inheritance and natural
eradicate forced labour, end affordable, accessible
resources, in accordance
modern slavery and human and sustainable transport
with national laws.
trafficking and secure the systems for all, improving

The Human Rights Opportunity | July 2018 80


road safety, notably by food producers, in particular ◦◦ Target 6.1: By 2030, achieve
expanding public transport, women, indigenous universal and equitable
with special attention to the peoples, family farmers, access to safe and affordable
needs of those in vulnerable pastoralists, and fishers, drinking water for all
situations, women, children, including through secure
persons with disabilities and equal access to land, ◦◦ Target 6.3: By 2030, improve
and older persons other productive resources water quality by reducing
and inputs, knowledge, pollution, eliminating
• Goal 16: Promote peaceful financial services, markets, dumping and minimizing
and inclusive societies for and opportunities for value release of hazardous
sustainable development, addition and non-farm chemicals and materials,
provide access to justice employment halving the proportion of
for all, and build effective, untreated wastewater and
accountable, and inclusive ◦◦ Target 2.4: By 2030, substantially increasing
institutions at all levels1 ensure sustainable food recycling and safe reuse
production systems globally
◦◦ Target 16.1: Significantly and implement resilient
reduce all forms of violence agricultural practices ◦◦ Target 6.4: By 2030,
and related death rates that increase productivity substantially increase
everywhere and production, that help water-use efficiency across
maintain ecosystems, all sectors and ensure
that strengthen capacity sustainable withdrawals
and supply of freshwater to
Land Rights – Figure 5 for adaptation to climate
change, extreme weather, address water scarcity and
drought, flooding and substantially reduce the
• Goal 1: End poverty in all its number of people suffering
forms everywhere1 other disasters and that
progressively improve land from water scarcity
◦◦ Target 1.4: By 2030, ensure and soil quality
◦◦ Target 6.6: By 2020, protect
that all men and women, and restore water-related
in particular the poor • Goal 3: Ensure healthy lives
and promote well-being for all ecosystems, including
and the vulnerable, have mountains, forests, wetlands,
equal rights to economic at all ages1
rivers, aquifers and lakes
resources, as well as ◦◦ Target 3.9: By 2030,
access to basic services, substantially reduce the ◦◦ Target 6.b: Support and
ownership and control number of deaths and strengthen the participation
over land and other forms illnesses from hazardous of local communities
of property, inheritance, chemicals and air, water in improving water and
natural resources, and soil pollution and sanitation management
appropriate new technology contamination
and financial services, • Goal 10: Reduce inequality
including microfinance • Goal 5: Achieve gender within and among countries1
equality and empower all
• Goal 2: End hunger, achieve ◦◦ Target 10.2: By 2030,
women and girls1
food security and improved empower and promote the
nutrition and promote ◦◦ Target 5.a: Undertake social, economic and political
sustainable agriculture1 reforms to give women inclusion of all, irrespective
equal rights to economic of age, sex, disability, race,
◦◦ Target 2.1: By 2030, end resources, as well as access ethnicity, origin, religion or
hunger and ensure access to ownership and control economic or other status
by all people, in particular over land and other forms of
the poor and people in ◦◦ Target 10.3: Ensure equal
property, financial services,
vulnerable situations, opportunity and reduce
inheritance, and natural
including infants, to safe, inequalities of outcome,
resources, in accordance
nutritious, and sufficient including by eliminating
with national laws
food all year round discriminatory laws,
• Goal 6: Ensure availability and policies and practices and
◦◦ Target 2.3: By 2030, double sustainable management of promoting appropriate
the agricultural productivity water and sanitation for all1 legislation, policies and
and incomes of small-scale action in this regard

The Human Rights Opportunity | July 2018 81


• Goal 11: Make cities and • Goal 14: Conserve and ◦◦ Target 15.a: Mobilize and
human settlements inclusive, sustainably use the oceans, significantly increase
safe, resilient and sustainable1 seas and marine resources for financial resources from all
sustainable development1 sources to conserve and
◦◦ Target 11.3: By 2030, sustainably use biodiversity
enhance inclusive and ◦◦ Target 14.1: By 2025, and ecosystems
sustainable urbanization prevent and significantly
and capacity for reduce marine pollution ◦◦ Target 15.b: Mobilize
participatory, integrated of all kinds, in particular significant resources from
and sustainable human from land-based activities, all sources and at all levels
settlement planning including marine debris and to finance sustainable
and management in all nutrient pollution forest management
countries and provide adequate
• Goal 15: Protect, restore and incentives to developing
◦◦ Target 11.4: Strengthen promote sustainable use countries to advance such
efforts to protect and of terrestrial ecosystems, management, including
safeguard the world’s sustainably manage forests, for conservation and
cultural and natural heritage combat desertification, and halt reforestation
and reverse land degradation
• Goal 12: Ensure sustainable and halt biodiversity loss1 • Goal 16: Promote peaceful
consumption and production and inclusive societies for
patterns1 ◦◦ Target 15.1: By 2020, sustainable development,
ensure the conservation, provide access to justice
◦◦ Target 12.2: By 2030, restoration and sustainable for all and build effective,
achieve the sustainable use of terrestrial and inland accountable and inclusive
management and efficient freshwater ecosystems institutions at all levels1
use of natural resources and their services, in
particular forests, wetlands, ◦◦ Target 16.7: Ensure
◦◦ Target 12.4: By 2020,
mountains and drylands, in responsive, inclusive,
achieve the environmentally
line with obligations under participatory and
sound management of
international agreements representative decision-
chemicals and all wastes
making at all levels
throughout their life cycle, ◦◦ Target 15.2: By 2020,
in accordance with agreed promote the implementation ◦◦ Target 16.b: Promote and
international frameworks, of sustainable management enforce non-discriminatory
and significantly reduce of all types of forests, halt laws and policies for
their release to air, water deforestation, restore sustainable development
and soil in order to minimize degraded forests and
their adverse impacts on substantially increase
human health and the afforestation and
environment reforestation globally
• Goal 13: Take urgent action to ◦◦ Target 15.4: By 2030,
combat climate change and ensure the conservation
its impacts1 of mountain ecosystems,
including their biodiversity,
◦◦ Target 13.b: Promote
in order to enhance their
mechanisms for raising
capacity to provide benefits
capacity for effective
that are essential for
climate change-related
sustainable development
planning and management
in least developed ◦◦ Target 15.5: Take urgent
countries and small island and significant action to
developing States, including reduce the degradation of
focusing on women, youth natural habitats, halt the
and local and marginalized loss of biodiversity and, by
communities 2020, protect and prevent
the extinction of threatened
species

The Human Rights Opportunity | July 2018 82


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The Human Rights Opportunity | July 2018 84


28 H&M Group (n.d.), The 33 H&M Group (n.d.), H&M Conflicts,” available at http://
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en/CSR/2016%20 en/CSR/2017%20
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29 H&M Group (n.d.), The 34 For more on the Fair 2017/h-m-fair-living-wage-
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41 Interview with Shift (Feb. 27,
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SustainabilityReport_2016_ 42 H&M Group (Apr. 1, 2016),
35 H&M Group (May 17, 2017),
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44 Egedeniz Textile (n.d.). “Our
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48 Interview with Shift (Feb. 14,
updates on the strategy’s with H&M Proves
2018).
implementation in late 2018. Instrumental in Resolving

The Human Rights Opportunity | July 2018 85


49 Egedeniz Textile (n.d.), 57 See for example: Inditex https://actonlivingwages.
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Wage Project,” available at available at https:// uploads/2017/12/ACT_
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wage-project-short-film-2/ people/our-suppliers/
64 ACT (Action, Collaboration,
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Transformation) (n.d.),
2018). accessed March 28, 2018);
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50 Interview with Shift (Oct. 25, https://actonlivingwages.
International Yearbook, at
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122-23, available at https://
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51 ACT (Action, Collaboration, globalgoals-yearbook.org/
COMMS_Factsheet_2017_
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Final_Web.pdf.
Factsheet, at 5, available at
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https://actonlivingwages. 65 ACT (Action, Collaboration,
Framework Agreements,”
com/wp-content/ Transformation) (n.d.),
available at http://www.
uploads/2017/12/ACT_ “Memorandum of
industriall-union.org/issues/
COMMS_Factsheet_2017_ Understanding,” available
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Final_Web.pdf. at https://actonlivingwages.
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52 See for example, Quelch, March 28, 2018).
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John A. and Margaret L.
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Rodriquez (Feb. 20, 2015),
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j&q=&esrc=s&source=web com/wp-content/
&cd=3&ved=0ahUKEwi_ uploads/2017/12/ACT_ 66 Interview with Shift (Jan. 28,
j8jiuenYAhVOWq0KHc64 COMMS_Factsheet_2017_ 2018).
DgoQFggzMAI&url=https Final_Web.pdf.
67 Malawi Tea 2020
%3A%2F%2Fcanvas.
61 ACT (Action, Collaboration, Revitalisation Programme
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Understanding,” available ethicalteapartnership.
wrap%3D1&usg=AOvVaw
at https://actonlivingwages. org/wp-content/uploads/
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com/memorandum- Malawi-2020-Factsheet_
53 See for example, Hoskins, of-understanding/ (last final3.pdf.
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sustainable development,”
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at https://www.unicef.org/
com/cities/2015/apr/23/ com/members/ (last
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rana-plaza-factory-collapse- accessed Jan. 19, 2018);
of-malnutrition.html (last
history-cities-50-buildings. ACT (Action, Collaboration,
accessed Apr. 23, 2018). For
Transformation) (n.d.), “About
54 See Accord on Fire and a visual outline of the effects
Us,” available at https://
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actonlivingwages.com/
available at http:// a person’s lifecycle, see
about-us/ (last accessed
bangladeshaccord.org. Save the Children (2015),
Jan. 19, 2018).
Adolescent Nutrition: Policy
55 Signatories, Accord on
62 Interview with Shift (Jan. 17, and Programming in SUN+
Fire and Building Safety in
2018). Countries, at 5, available at
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http://bangladeshaccord. 63 ACT (Action, Collaboration,
org.uk/content/dam/global/
org/signatories/. Transformation) (n.d.),
reports/health-and-nutrition/
Factsheet, at 1, available at
56 Interview with Shift (Jan.19, adolescent-nutrition.pdf.
2018).

The Human Rights Opportunity | July 2018 86


69 Malawi Tea 2020 75 Malawi Tea 2020 (n.d.), “The 83 International Labour
Revitalisation Programme Coalition,” available at http:// Organization (ILO) and Walk
(Nov. 2015), Factsheet, at www.malawitea2020.com Free Foundation (2017),
2, available at http://www. (last accessed Jan. 19, Global Estimates of Modern
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76 Ethical Tea Partnership
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2, available at http://www. (last accessed Jan. 19, 2018). 84 International Labour
ethicalteapartnership. Organization (ILO) (n.d.),
77 Interview with Shift (Jan. 9,
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org/wp-content/uploads/ 85 International Labour
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2017, at 3, available at
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(2017), Global Estimates
72 See Ethical Tea Partnership com/uploaded/2017/10/
of Modern Slavery: Forced
and Oxfam (May 2013), Malawi-2017-Progress-
Labour and Forced
Understanding Wage Report.pdf; Anker, Richard,
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at http://www.ilo.org/
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Industry.pdf. Malawitea2020_wages- 86 International Labour
report-2017.pdf. Organization (ILO) and
73 See Anker, Richard and
Walk Free Foundation
Martha Anker (2014), 79 Anker, Richard, Martha
(2017), Global Estimates
Living Wage for Rural Anker and Levison Chiwaula
of Modern Slavery: Forced
Malawi with Focus on (Oct. 2017), Wages
Labour and Forced
Tea Growing Area of Committee Progress
Marriage, at 5, available
Southern Malawi, available Report 2017, available at
at http://www.ilo.org/
at https://www.isealalliance. http://www.malawitea2020.
wcmsp5/groups/public/@
org/sites/default/files/ com/uploaded/2017/12/
dgreports/@dcomm/
resource/2017-12/ Malawitea2020_wages-
documents/publication/
LivingWageReport_ report-2017.pdf.
wcms_575479.pdf.
Malawi.pdf.
80 Interview with Shift (Jan. 26,
87 International Labour
74 Ethical Tea Partnership 2018).
Organization (ILO) and Walk
(n.d.), “Malawi Tea 2020,”
81 Malawi Tea 2020 (Oct. Free Foundation (2017),
available at http://www.
2017), Second Progress Global Estimates of Modern
ethicalteapartnership.org/
Report 2016-2017, at 17 Slavery: Forced Labour and
project/malawi-2020-tea-
available at http://www. Forced Marriage, at 10-
revitalisation-programme/
malawitea2020.com/ 11, available at http://www.
(last accessed Jan. 19,
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2018).
2017-Progress-Report.pdf. public/@dgreports/@
dcomm/documents/
82 Interview with Shift (March
publication/wcms_
22, 2018).
575479.pdf.

The Human Rights Opportunity | July 2018 87


88 International Labour For more on “salient” human 96 Goal 16: Promote peaceful
Organization (ILO) and Walk rights risks or issues, see and inclusive societies for
Free Foundation (2017), UN Guiding Principles sustainable development,
Global Estimates of Modern Reporting Framework (n.d.) provide access to justice
Slavery: Forced Labour “Salient Human Rights for all and build effective,
and Forced Marriage, at Issues,” available at https:// accountable and inclusive
11, available at http://www. www.ungpreporting.org/ institutions at all levels,
ilo.org/wcmsp5/groups/ resources/salient-human- Sustainable Development
public/@dgreports/@ rights-issues/ (last accessed Goals, available at
dcomm/documents/ May 15, 2018). https://www.un.org/
publication/wcms_ sustainabledevelopment/
91 Goal 3: Ensure healthy
575479.pdf. peace-justice/ (last
lives and promote well-
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89 International Labour being for all at all ages,
Organization (ILO) and Walk Sustainable Development 97 See for example, Verité
Free Foundation (2017), Goals, available at (2014), Forced Labor in the
Global Estimates of Modern https://www.un.org/ Production of Electronic
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11, available at http://www. 18, 2018). Scope and Characteristics,
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public/@dgreports/@ verite.org/wp-content/
and quality education and
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promote lifelong learning
publication/wcms_ ForcedLaborMalaysian
opportunities for all,
575479.pdf. Electronics2014.pdf.
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90 Salience is a relative Goals, available at 98 Interfaith Center on
concept – those human https://www.un.org/ Corporate Responsibility
rights that are “salient” sustainabledevelopment/ (Apr. 2017), Best Practice
stand out for being at education/ (last accessed Guidance on Ethical
risk of the most severe May 18, 2018). Recruitment of Migrant
potential negative impact Workers, at 22, available at
93 Goal 5: Achieve gender
in connection with the http://www.iccr.org/sites/
equality and empower
company’s activities and default/files/iccrsbest
all women and girls,
business relationships. practiceguidanceethical
Sustainable Development
Salience reflects the recruitment05.09.17_
Goals, available at
expectation in the UN final.pdf.
https://www.un.org/
Guiding Principles that
sustainabledevelopment/ 99 Verité (n.d.), “Going Above
where companies need
gender-equality/ (last and Beyond: Migrant
to prioritize human rights
accessed May 18, 2018). Worker Employment
impacts for action, then
Standards,” available at
– in the absence of legal 94 Goal 8: Promote sustained,
https://www.verite.org/going-
guidance – they “should inclusive and sustainable
beyond-migrant-worker-
begin with those human economic growth, full and
employment-standards/
rights impacts that would be productive employment
(last accessed Jan. 19,
most severe…Severity is not and decent work for all,
2018).
an absolute concept in this Sustainable Development
context, but is relative to the Goals, available at 100 Interfaith Center on
other human rights impacts https://www.un.org/ Corporate Responsibility
the business enterprise sustainabledevelopment/ (Apr. 2017), Best Practice
has identified.” See United economic-growth/ (last Guidance on Ethical
Nations (June 16, 2011), accessed May 18, 2018). Recruitment of Migrant
UN Guiding Principles Workers, at 21, available at
95 Goal 10: Reduce inequality
on Business and Human http://www.iccr.org/sites/
within and among countries,
Rights, Commentary to default/files/iccrsbest
Sustainable Development
Principle 24, available at practiceguidanceethical
Goals, available at
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https://www.un.org/
Documents/Publications/ final.pdf.
sustainabledevelopment/
GuidingPrinciplesBusiness
inequality/ (last accessed 101 Interview with Shift (Jan. 10,
HR_EN.pdf.
May 18, 2018). 2018).

The Human Rights Opportunity | July 2018 88


102 Interfaith Center on 109 Solidaridad and Fair 113 Interfaith Center on
Corporate Responsibility Labor Association (2012), Corporate Responsibility
(Apr. 2017), Best Practice Understanding the (Apr. 2017), Best Practice
Guidance on Ethical Characteristics of the Guidance on Ethical
Recruitment of Migrant Sumangali Scheme in Tamil Recruitment of Migrant
Workers, at 22, available at Nadu Textile & Garment Workers, at 34, available at
http://www.iccr.org/sites/ Industry and Supply Chain http://www.iccr.org/sites/
default/files/iccrsbest Linkages, at 2, available default/files/iccrsbest
practiceguidanceethical at http://www.fairlabor. practiceguidanceethical
recruitment05.09.17 org/sites/default/files/ recruitment05.09.17
_final.pdf. understanding_sumangali_ _final.pdf.
tamil_nadu_0.pdf.
103 Interfaith Center on 114 Interfaith Center on
Corporate Responsibility 110 Solidaridad and Fair Corporate Responsibility
(Apr. 2017), Best Practice Labor Association (2012), (Apr. 2017), Best Practice
Guidance on Ethical Understanding the Guidance on Ethical
Recruitment of Migrant Characteristics of the Recruitment of Migrant
Workers, at 22, available at Sumangali Scheme in Tamil Workers, at 34-35, available
http://www.iccr.org/sites/ Nadu Textile & Garment at http://www.iccr.org/sites/
default/files/iccrsbest Industry and Supply Chain default/files/iccrsbest
practiceguidanceethical Linkages, at 3, available practiceguidanceethical
recruitment05.09.17_ at http://www.fairlabor. recruitment05.09.17
final.pdf. org/sites/default/files/ _final.pdf.
understanding_sumangali_
104 Interfaith Center on 115 Interfaith Center on
tamil_nadu_0.pdf.
Corporate Responsibility Corporate Responsibility
(Apr. 2017), Best Practice 111 See generally Solidaridad (Apr. 2017), Best Practice
Guidance on Ethical and Fair Labor Association Guidance on Ethical
Recruitment of Migrant (2012), Understanding Recruitment of Migrant
Workers, at 22, available at the Characteristics of the Workers, at 34-35, available
http://www.iccr.org/sites/ Sumangali Scheme in Tamil at http://www.iccr.org/sites/
default/files/iccrsbest Nadu Textile & Garment default/files/iccrsbest
practiceguidanceethical Industry and Supply Chain practiceguidanceethical
recruitment05.09.17_ Linkages, available at recruitment05.09.17
final.pdf. http://www.fairlabor. _final.pdf.
org/sites/default/files/
105 Leadership Group for 116 Interfaith Center on
understanding_sumangali_
Responsible Recruitment Corporate Responsibility
tamil_nadu_0.pdf.
(n.d.), “About the Leadership (Apr. 2017), Best Practice
Group,” available at https:// 112 See for example, C&A Guidance on Ethical
www.ihrb.org/employerpays/ (n.d.), Sumangali in India: Recruitment of Migrant
leadership-group-for- Illegal and Unacceptable, Workers, at 34-35, available
responsible-recruitment (last available at http://www.c- at http://www.iccr.org/sites/
accessed March 5, 2018). and-a.com/uk/en/corporate/ default/files/iccrsbest
fileadmin/mediathek/uk-uk/ practiceguidanceethical
106 Interview with Shift (March 8,
Pressreleases/CSR_Site/ recruitment05.09.17
2018).
Sumangali_in_India_ _final.pdf.
107 Interfaith Center on illegal_and_unacceptable.
117 Interfaith Center on
Corporate Responsibility pdf; Solidaridad and
Corporate Responsibility
(Apr. 2017), Best Practice Fair Labor Association
(Apr. 2017), Best Practice
Guidance on Ethical (2012), Understanding
Guidance on Ethical
Recruitment of Migrant the Characteristics of the
Recruitment of Migrant
Workers, at 23, available at Sumangali Scheme in Tamil
Workers, at 34-35, available
http://www.iccr.org/sites/ Nadu Textile & Garment
at http://www.iccr.org/sites/
default/files/iccrsbest Industry and Supply Chain
default/files/iccrsbest
practiceguidanceethical Linkages, at 2, available
practiceguidanceethical
recruitment05.09.17_ at http://www.fairlabor.
recruitment05.09.17
final.pdf. org/sites/default/files/
_final.pdf.
understanding_sumangali_
108 Interview with Shift (March 8,
tamil_nadu_0.pdf.
2018).

The Human Rights Opportunity | July 2018 89


118 Interfaith Center on 125 Seafood Task Force (n.d.), 131 Issara Institute (n.d.), “Our
Corporate Responsibility “FAQs,” available at http:// Story,” available at https://
(Apr. 2017), Best Practice www.seafoodtaskforce. www.issarainstitute.
Guidance on Ethical global/faqs/ (last accessed org/about_us (last
Recruitment of Migrant Jan. 19, 2018). accessed Feb. 22, 2018);
Workers, at 34-35, available Issara Institute (n.d.),
126 Seafood Task Force
at http://www.iccr.org/sites/ “Understanding Our Impact,”
(Nov. 2017), Fueling the
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Task Force Engine &
practiceguidanceethical issarainstitute.org/our-
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_final.pdf. 22, 2018).
Progress Report Following
119 Hodal, Kate, Chris Kelly and Membership Review 132 Issara Institute (n.d.), “Our
Felicity Lawrence (June and Planning Meeting Story,” available at https://
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the Task Force Engine &
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120 Hodal, Kate, Chris Kelly and Longer Term Success: Strategic Partners Program,”
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in US, UK,” The Guardian, 8-9, available at http://www.
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“Inclusive Labor Monitoring,”
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labour-monitoring (last
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labour.
128 Interview with Shift (Jan. 10,
135 Issara Institute (n.d.),
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(n.d.), “Story So Far,”
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the reality of forced labor in issarainstitute.org/inclusive-
seafoodtaskforce.global/
Southeast Asia, see Issara labour-monitoring (last
about/story-so-far/ (last
Institute (n.d.), “Freedom accessed Feb. 22, 2018).
accessed Jan. 19, 2018).
of Choice: Empowering
136 Issara Institute (n.d.),
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“Understanding Our Impact,”
(n.d.), “Current Members,” Trafficking,” available at
available at https://www.
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seafoodtaskforce.global/ org/empowerment (last
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22, 2018).
(last accessed Jan. 19,
130 See Issara Institute (n.d.),
2018). 137 Interview with Shift (March 7,
Inclusive Labour Monitoring
2018).
123 Seafood Task Force (ILM): Inclusive Labour
(n.d.), “Current Members,” Monitoring vs. Audits, 138 Issara Institute (n.d.), “Issara
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accessed May 29, 2018). Issues in the Oil Palm and
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292 Interview with Shift (May 16, Redactie/Downloads/ 304 See for example, Oxfam
2018). English/Oxfam%20 (2016), FAIR Company-
FAIR%20Company%20 Community Partnerships:
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Company-Community
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Partnerships,” available at
dig.pdf. 2-3, available at https://
https://www.oxfamnovib.
www.oxfamnovib.nl/
nl/donors-partners/ 300 Christman, Chloe (Feb.
Redactie/Downloads/
about-oxfam/projects-and- 6, 2018), “The Politics of
English/Oxfam%20
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FAIR%20Company%20
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294 Oxfam International (n.d.), dig.pdf.
to Practice,” available at
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oxfamamerica.org/2018/02/ (2016), FAIR Company-
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www.oxfamnovib.nl/
accessed June 8, 2018). (2016), FAIR Company-
Redactie/Downloads/
Community Partnerships:
295 Oxfam Novib (n.d.), “FAIR English/Oxfam%20
Summary Co-Creation
Company-Community FAIR%20Company%20
Day and Way Forward,
Partnerships,” available at Community%20
at 8, available at https://
https://www.oxfamnovib. Partnerships%20Report_
www.oxfamnovib.nl/
nl/donors-partners/ dig.pdf.
Redactie/Downloads/
about-oxfam/projects-and-
English/Oxfam%20 306 Interview with Shift (May 30,
programs/fair-company-
FAIR%20Company%20 2018).
community-partnerships (last
Community%20
accessed May 29, 2018); 307 Bardouille-Crema, Dost,
Partnerships%20Report_
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(2013), CDA Corporate
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302 See for example, Oxfam Engagement Program,
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(2016), FAIR Company- Field Visit Report: Operator:
https://www.oxfamnovib.
Community Partnerships: Total E&P Bolivia (TEPBO),
nl/donors-partners/
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about-oxfam/projects-and-
Day and Way Forward, cdacollaborative.org/
programs/fair-company-
at 4, available at https:// wordpress/wp-content/
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accessed May 29, 2018);
Redactie/Downloads/ Bolivia-Field-Visit-Report.pdf.
297 Oxfam Novib (n.d.), “FAIR English/Oxfam%20
308 Bardouille-Crema, Dost,
Company-Community FAIR%20Company%20
Ben Miller and Raul Alcazar
Partnerships,” available at Community%20
(2013), CDA Corporate
https://www.oxfamnovib. Partnerships%20Report_
Engagement Program,
nl/donors-partners/ dig.pdf.
Field Visit Report: Operator:
about-oxfam/projects-and-
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programs/fair-company-
(2016), FAIR Company- at 11-12, available at http://
community-partnerships (last
Community Partnerships: cdacollaborative.org/
accessed May 29, 2018);
Summary Co-Creation wordpress/wp-content/
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2018). at 8, available at https:// Bolivia-Field-Visit-Report.pdf.
www.oxfamnovib.nl/
299 See for example, Oxfam 309 Total (July 2016), Human
Redactie/Downloads/
(2016), FAIR Company- Rights Briefing Paper, at
English/Oxfam%20
Community Partnerships: 24, available at https://www.
FAIR%20Company%20
Summary Co-Creation total.com/sites/default/files/
Community%20
Day and Way Forward, at atoms/files/total_human_
Partnerships%20Report_
6-7, available at https:// rigths_briefing_paper_
dig.pdf.
www.oxfamnovib.nl/ july_2016_0.pdf.

The Human Rights Opportunity | July 2018 99


310 Total (July 2016), Human 313 Total (July 2016), Human 316 Interview with Shift (Apr. 13,
Rights Briefing Paper, at Rights Briefing Paper, at 2018 and Apr. 24, 2018).
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317 Interview with Shift (Apr. 13,
total.com/sites/default/files/ total.com/sites/default/files/
2018 and Apr. 24, 2018).
atoms/files/total_human_ atoms/files/total_human_
rigths_briefing_paper_ rigths_briefing_paper_ 318 Interview with Shift (Apr. 13,
july_2016_0.pdf. july_2016_0.pdf. 2018).
311 Total (July 2016), Human 314 Total (July 2016), Human 319 Interview with Shift (Apr. 13,
Rights Briefing Paper, at Rights Briefing Paper, at 2018 and Apr. 24, 2018).
27, available at https://www. 24, available at https://www.
320 Interview with Shift (Apr. 13,
total.com/sites/default/files/ total.com/sites/default/files/
2018 and Apr. 24, 2018).
atoms/files/total_human_ atoms/files/total_human_
rigths_briefing_paper_ rigths_briefing_paper_ 321 Interview with Shift (Apr. 13,
july_2016_0.pdf. july_2016_0.pdf. 2018 and Apr. 24, 2018).
312 Total (July 2016), Human 315 Total (July 2016), Human 322 Interview with Shift (Apr. 24,
Rights Briefing Paper, at Rights Briefing Paper, at 2018).
24, available at https://www. 26, available at https://www.
total.com/sites/default/files/ total.com/sites/default/files/
atoms/files/total_human_ atoms/files/total_human_
rigths_briefing_paper_ rigths_briefing_paper_
july_2016_0.pdf. july_2016_0.pdf.

The Human Rights Opportunity | July 2018 100


iStock.com/SUSANSAM

The Human Rights Opportunity | July 2018 101


The Human Rights
Opportunity:
15 real-life cases of how business
is contributing to the Sustainable
Development Goals by putting
people first
This compendium is authored by Shift,
in collaboration with WBCSD. It offers 15
practical examples of how companies
and multi-stakeholder initiatives are
aiming to address human rights impacts
and, at the same time, are showing
great promise in delivering significant
contributions to the Sustainable
Development Goals (SDGs).

Through this report, we seek to


provide inspiration for how companies
can harness innovation, leadership,
influence and partnerships to tackle
negative impacts in ways that
maximize positive outcomes for
people, in line with the SDGs.

Contexts vary, and none of these


examples would claim to be perfect.
But they are all a substantial step in the
right direction.

© 2018 Shift Project Ltd.

To explore the contents of this report


online, please visit:
https://www.shiftproject.org/SDGs

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