Statement: EU Forced Labour Regulation must be adopted
amfori calls on Member States to consider the well-being of millions of workers that supply the EU market.
amfori is a global association representing 2500 retailers, importers and brand-names importing and selling consumer goods. We believe in responsible business and sustainable supply chains.
Forced labour is an abhorrent practice and the proposed regulation will be an important tool in its
elimination particularly if it includes the following elements:
Submissions should be possible against a range of products, a factory, group of factories, and geographic areas.
Factories commonly produce a range of products – and it is unlikely that forced labour is used only
for a specific product within that range. A product-based ban would also be too restrictive when the
source is a geographic area subject to state imposed forced labour.
A level of evidentiary proof to initiate investigations and impose measures that is reasonable.
The collection of evidence of forced labour, especially by those directly affected, is very difficult.
Therefore, to initiate an investigation a “reasonable indication to suspect” should be sufficient. It
would also encourage complainants to make justifiable submissions – even if the weight of evidence
may be low. To reach a decision a “reasonable but not conclusive” finding would be appropriate.
A transparent process that includes equal participation.
Investigations and detailed decisions should be made public. Complainants, as well as economic
operators, should be involved in investigations – including when a decision is being considered for
amendment or withdrawal. Workers filing complaints should be granted anonymity automatically to
encourage greater participation.
Remediation should be included.
It should already be part of a company’s due diligence, but it would be crucial to provide remedy to
victims of forced labour. It would also help companies build relations with suppliers to address the
issue within their supply chains. Therefore, a decision to “ban” a product should be preventable if a
company can prove remediation has already occurred, and lifted once remediation is later proven –
if in line with the “involvement framework” of the UNGPs and OECD guidance on RBC.
