How can forced labour import bans help workers build power?
The following is an excerpt from a blog posted on the Modern Slavery PEC, which features key takeaways from the event: Can forced labour import bans raise labour standards in supply chains?
On June 4th Prof Jennifer Gordon, Dr Sofia Gonzalez de Aguinaga and Dr Maayan Niezna discussed the potential of labour import bans as a tool for raising labour standards in supply chains at the Bonavero Institute of Human Rights in the University of Oxford. The event was co-organised by the Modern Slavery and Human Rights Policy and Evidence Centre (Modern Slavery PEC) and the University of Liverpool and focused on discussing Prof Jennifer Gordon’s recent research report exploring advocates’ use of section 307 of the US Tariff Act of 1930.
Dr Sofia Gonzalez de Aguinaga highlighted that this is a timely and relevant discussion, as forced labour import bans, a regulatory tool available to States to address forced labour in global supply chains, are increasingly being developed in Europe and North America. Earlier this year, the European Parliament approved a new regulation which will enable the EU to prohibit the sale, import and export of goods made using forced labour. In North America, the US Uyghur Forced Labour Prevention Act (UFPLA) was passed in 2021 to complement the already established forced labour regime in the US under section 307 of the US Tariff Act of 1930. Canada and Mexico have also introduced forced labour import ban provisions as part of the 2020 North American trade agreement.
But how effective are these bans? The Modern Slavery PEC’s brief from 2021, which is now being updated, found some evidence to suggest that import bans can lead to business changing corporate practices in the short term, but less is known on their long-term impacts. Prof Jennifer Gordon’s recent report in turn suggests that advocates may be able to use the US forced labour import ban in strategic ways as part of efforts to raise labour standards in supply chains.
Prof Gordon identified three kinds of strategic approaches that advocates might take in preparing petitions under S. 307. First, those targeting supply chains at the top, seeking to change the practices of brands or retailers in the US or other importer countries. Second, those targeting the middle of the supply chain, seeking to change the practices of major suppliers in producer countries. Third, those targeting the bottom of the supply chain, seeking to support efforts to build worker power in producer countries. This third approach is the principal focus of her paper and was the focus of the discussion during this event.
