On 14 September 2022, the European Commission presented a proposal for a regulation to prohibit products made using forced labour, including child labour, on the internal market of European Union (EU).
The proposed legislation fits into the context of EU efforts to promote decent work worldwide. The proposal covers all products made available within the EU market, meaning both products made in the EU for domestic consumption and for export, and imported goods. The provisions of the proposal would apply to products of any type, including their components, regardless of the sector or industry. Member States would be responsible for the enforcement of the regulation’s provisions. Their national authorities would be empowered to withdraw products made using forced labour from the EU market, following an investigation. Customs authorities would identify and stop products made using forced labour at EU borders. In Parliament, the file has been referred to the Committee on the Internal Market and Consumer Protection (IMCO).
The EU directive on “Effectively banning products produced, extracted or harvested with forced labour” aims to effectively ban the placing on the EU market of products made wholly or in part by forced labour (marketing prohibition). The ban would cover both domestic (EU) and imported products to be combined with a robust, risk-based enforcement framework. The new instrument will build on international standards and complement existing cross-cutting and sectoral EU initiatives, in particular the due diligence and transparency obligations. The enforcement would be risk-based and likely be carried out by the relevant authorities of Member States. The Commission would likely play a supportive role in these efforts to encourage consistent enforcement across Member States, e.g., by issuing guidelines and making information related to forced labour (e.g., reports on forced labour) available.
On 23 February 2022, the European Commission published the draft Directive. It sets out proposed EU standard for human rights and environmental due diligence. When adopted, the directive will require companies to:
- Integrate due diligence into company policies;
- Identify actual or potential adverse impacts from their operations on human rights and the environment;
- Prevent and/or mitigate potential adverse impacts, and mitigate or end actual adverse impacts;
- Establish and maintain a complaints procedure;
- Provide for directors’ responsibility and accountability in relation to company’s Due Diligence programme;
- Monitor the effectiveness of their due diligence policy and measures; and
- Publicly communicate on due diligence.
Forced labour, including forced child labour, is still widespread across the world. The International Labour Organization (ILO) estimates the global number of people in a situation of forced labour at around 27.6million, including 3.3 million children.
Forced labour is defined by the ILO forced labour convention as ‘all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily’.
It refers to situations in which persons are coerced to work either through the use of violence or intimidation, or by more indirect means such as manipulated debt, retention of identity papers or threats of denunciation to immigration authorities.
The majority of forced labour takes place in the private economy, while some is imposed by State authorities. Forced labour can be found in a large number of sectors; some economic activities, such as the service, textiles, mining and agriculture sectors, are however particularly affected.
The European Commission proposal builds on international standards and agreements as well as on EU commitments and existing legislation, for instance on combating human trafficking and on sanctions against illegal employment.
While there is EU legislation in force to combat forced labour, neither existing nor pending legislation includes a prohibition on placing and making available products made using forced labour on the EU market. The new proposal would ban these products from the market.
Tama Farmers Trust Chief Executive Officer Nixon Lita has since said that his Organisation is taking steps in sensitizing farmers to adapt quick transformative actions that will not lead them into negative impacts of the ban. He said this during a consultative meeting orgainised by the Employers Consultative Association of Malawi (ECAM) with the EU consultants from India on Wednesday 1 March 2023.
Tama Farmers Trust and Tea Association of Malawi made presentations in view of the ban.