11 Amendments of Atidzhe ALIEVA-VELI related to 2022/0269(COD)
Amendment 29 #
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, the 2014 Protocol to Convention No. 29 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 have not offered it themselves voluntarily.17 The ILO indicators used to investigate and identify cases of forced labour are abuse of vulnerability, deception, restriction of movement, isolation, physical and sexual violence, intimidation and threats, retention of identity documents, withholding of wages, debt bondages, abusive working and living conditions and excessive overtime.18a _________________ 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). 18a https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- declaration/documents/publication/wcms_ 203832.pdf
Amendment 37 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
Amendment 38 #
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
Amendment 42 #
Proposal for a regulation
Recital 3
Recital 3
(3) The European Union is a global leader on responsible business conduct and business and human rights. 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 and 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 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 45 #
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. Nevertheless, the ILO estimates that there are 880 000 forced labour victims in the EU - in addition to the forced labour involved inter alia in the EU’s imports from the rest of the world.20a _________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf. 20a ILO 2012 Global Estimate of Forced Labour: https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/genericdocument/wc ms_184975.pdf
Amendment 46 #
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. This is crucial since forced labour exists in every region of the world. ILO estimates that the highest number of people in forced labour are in Asia in Pacific region, followed by the region of Europe and Central Asia. Meanwhile, this estimate is largely driven by the size of the population in those regions. When calculating forced labour as proportion of the population, the highest number is in the MENA region21awith an estimated 5.3 cases per thousand people.21b _________________ 21a Covers the following countries and territories: Bahrain, Iraq, Jordan, Kuwait, Lebanon, Occupied Palestinian Territory, Oman, Qatar, Saudi Arabia, Syrian Arab Republic, United Arab Emirates and Yemen. 21b ILO 2021 Global Estimates of Modern Slavery: https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf
Amendment 95 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provideprovide, with the help of external expertise inter alia from the ILO, OECD, EEAS, social partners and civil society organizations, an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products or 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 relevant external sources of information from, amongst others, international organisations and third country authorities and it should pay particular attention to the presence of vulnerable stakeholders in the specific product or service. Information listed in the database shall be evidence-based. When an economic operator trades with geographic areas listed in this database as high-risk of forced labour, the economic operator must be able to prove that no forced labour has been used.
Amendment 105 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network is chaired by the Commission and shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.
Amendment 110 #
Proposal for a regulation
Article 24 – paragraph 3 – point a
Article 24 – paragraph 3 – point a
(a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices, including by involving external actors where applicable, such as social partner organisations or civil society organisations;
Amendment 112 #
(b) conduct joint investigations, inside the European Union as well as in third- countries, in accordance with international law;
Amendment 117 #
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) coordinate and cooperate with third-country authorities, where applicable.