Forced labor occurs when individuals are compelled against their will to provide work or service using force, fraud, or cruelty. This crime happens both in the United States and overseas. The International Labour Organization (ILO) estimated that 24.9 million people around the globe were in forced labor as of 2016. Victims are rarely able to seek help for various reasons. Forced labor, a deeply entrenched issue affecting millions globally, has prompted the European Union (EU) to strengthen its commitment to human rights. In a significant move, the European Council has adopted a negotiating mandate, setting the stage for a regulation to ban products made with forced labor on the EU market.

Forced Labor is a Global Problem

Forced labor, especially child exploitation, remains a global concern. Surprisingly, the ILO estimates that roughly 27.6 million people are stuck in forced labor, with 3.3 million being children. The ILO defines forced labor as employment extracted under the threat of punishment from those who have not volunteered for the assignment.

Forced labor spans various sectors, from textiles and mining to agriculture and services. Recognizing the gravity of this issue, the EU has devised a strategy to eliminate products tainted by forced labor from its market.

What is the EU's Strategy to Ban Forced Labor Products

On September 14, 2022, the European Commission proposed new rules to prohibit products manufactured using forced labor on the EU market. The objective is clear: to eradicate any product made using forced labor, whether produced within the EU or imported.

The proposed legislation establishes a robust framework for banning forced labor in the production of EU goods and within supply chains. This empowers the EU to remove such products from the market, contributing to a global fight against forced labor.

Which Products Will Be Banned under Forced Labor?

The proposed regulation casts a wide net, covering all products manufactured using forced labor, regardless of industry sector. This inclusive approach aims to ensure a comprehensive ban on such products, reinforcing the EU's commitment to human rights.

Council's Negotiating Mandate: Strengthening the Forced Labor Law

On January 26, 2024, the Council adopted a negotiating mandate, further reinforcing the EU's commitment to combat forced labor. The mandate includes:

  • Establishment of the Union Network against Forced Labour Products.
  • Creation of a forced labor single portal.
  • Clarification of the regulation's scope to cover products offered for distance sales.
  • Reinforcement of the Commission's role in investigations, aligning measures with international standards and existing EU legislation.

Enforcement and Investigations of Forced Labor in EU

The proposed regulation empowers competent authorities to assess forced labor risks using various sources of information. Investigations will be initiated if there are reasonable indications that a product involves forced labor. Upon confirmation, authorities will order the withdrawal of the product, banning its placement on the market and export.

What is the EU Commission's Crucial Role in Forced labor

The European Commission assumes a pivotal role in assessing whether products are of Union interest. If a Union interest is established, the Commission automatically takes over the pre-investigation phase. The criteria for Union interest include the scale and severity of suspected forced labor, risks located outside the EU, and significant impact on the internal market.

Inspections and Final Decisions - Forced Labor in the EU

Field inspections, considered a last resort, will respect national sovereignty. When inspections are required outside the EU, the Commission will collaborate with third-country governments. Final decisions to ban specific products will be the responsibility of the Commission, ensuring transparency through a non-confidential summary on the forced labor single portal.

Next Steps

The Council's negotiating mandate formalizes its position, providing the presidency with a mandate for negotiations with the European Parliament. Interinstitutional negotiations are set to begin shortly.

In the 21st century, the persistence of slavery and forced labor is a stark reality that demands decisive action. The proposed regulation seeks to break the business model of companies exploiting workers, reinforcing the EU's commitment to eradicating forced labor globally.

Pierre-Yves Dermagne, Belgian Deputy Prime Minister and Minister for the Economy and Employment emphasizes, "This hideous crime must be eradicated, and the first step to achieve this consists in breaking the business model of companies that exploit workers."

As the EU takes a firm stand against forced labor, this anticipated regulation not only contributes to global efforts but also instills confidence in consumers and fosters social sustainability efforts among businesses, particularly in their supply chains.

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