Activities of Nikolaj VILLUMSEN related to 2022/0269(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market
Amendments (12)
Amendment 27 #
Proposal for a regulation
Recital 1
Recital 1
(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, theincluding the supplementing 2014 Protocol to Convention No. 29 and the Forced Labour (Supplementary Measures) Recommendation (No.203), and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16. Forced labour covers a wide variety of coercive labour practices where work or service is exacted from persons that, such as transportation, storage and logistics, cleaning or seasonal work, is exacted from persons under the threat of a penalty and for which they have not offered it themselves voluntarily.17Abusive practices in which work or service is imposed by exploiting the worker's vulnerability under the threat of penalty, such as the use of physical violence, dismissal and loss of residence status, retention of wages or identity documents, are not simply a matter of poor working conditions but should be regarded as forced labour. The European Court of Human Rights has found a number of cases that, under Article 4 of the European Convention on Human Rights, initial consent and voluntariness become null and void insofar there is an abuse of position of vulnerability. _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).
Amendment 33 #
Proposal for a regulation
Recital 2
Recital 2
(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18Vulnerable and marginalised groups in a society, such as women, children, migrants, undocumented or informal economy workers, indigenous peoples, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is oftenultimately a consequence of a lack of good governanceregulation of certain economic operators and insufficient enforcement of rights and social protection of such vulnerable and marginalised groups. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.
Amendment 41 #
Proposal for a regulation
Recital 3
Recital 3
(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union andprohibits slavery, servitude, forced or compulsory labour and human trafficking. Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 Article 31 of the Charter of Fundamental Rights recognises the right for every worker to fair and just working conditions which respect his or her health, safety and dignity. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 43 #
Proposal for a regulation
Recital 4
Recital 4
(4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. However, several Member States have not ratified the Protocol to ILO Convention no. 29 as called for in Council Decision (EU) 2015/2071 in regards to criminal matters and in Council Decision (EU) 2015/2037 in regards to social policy. For the purpose of this Regulation, which seeks to prevent and eliminate forced labour, those Member States should ratify and implement the Protocol without further delay. _________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf.
Amendment 49 #
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union. Moreover, the Union is committed to the right of freedom of association, social dialogue, including collective bargaining, which are indispensable instruments in preventing and eliminating abusive practices, including forced labour.
Amendment 61 #
(b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization; it includes the punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as punishment for participation in strikes, or as a means of racial, religious or other discrimination;
Amendment 64 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour in their operations and value chain with respect to products and services that are to be made available on the Union market or to be imported or exported;
Amendment 67 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) 'Meaningful engagement with workers and stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, workers and their representative organisations, as well as other stakeholders, such as civil society organisations including trade unions and NGOs and local communities, with particular attention to vulnerable stakeholders, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples.
Amendment 74 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations; in particular the social partners;
Amendment 91 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article10a Remediation Member States shall in consultation with relevant stakeholders, including the social partners, establish mechanisms for effective remediation to victims whenever violations of Article 3 fall within their territory and/or jurisdiction.
Amendment 96 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or sectors or with respect to specific products and services including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and consultation with social partners and civil society as well as relevant external sources of information from, amongst others, international organisations and third country authorities.
Amendment 108 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission, the social partners and, where appropriate, experts from the customs authorities, relevant agencies and civil society organisations.