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Article

27 Nov 2023

Author:
Anti-Slavery International & 17 others

EU: CSOs and trade unions urge Council to speed up negotiations to adopt a General Approach on proposed EU Forced Labour Regulation

"General Approach on the proposed EU Forced Labour Regulation",

We are writing on behalf of the undersigned civil society organisations and trade unions to urge the Council to speed up negotiations to adopt a General Approach on the proposed EU Forced Labour Regulation (FLR) in line with the core elements outlined below...

To maximise opportunities for the legislation to be approved before the end of the mandate of the current European Parliament and European Commission, it is now of utmost importance that, during the Spanish Presidency, also the Council agrees on a General Approach.

On the content of the Council’s General Approach, we strongly request that the following central elements be included.

  1. An evidentiary regime adapted to forced labour: Both the European Commission and European Parliament have proposed the requirement of a high level of evidence to initiate an investigation (“substantiated concern” or “well-founded reason”). The level of proof required to initiate an investigation should be lowered, taking into consideration the barriers to provide evidence experienced by victims of forced labour, who may not have access to all relevant documentation that may be required during proceedings...
  2. State-imposed forced labour: In cases of state-imposed forced labour, the Commission’s proposal did not outline any adequate investigative or enforcement mechanism, making it impractical and difficult to investigate and ascertain such cases...
  3. One-stop shop EU-wide complaints mechanism: The Commission’s proposal put forward a highly decentralised investigation and enforcement system based on 27 national authorities. Such a mechanism would be particularly difficult to access and navigate for victims or survivors of forced labour and those assisting them, who have no easy way to know to which of the authorities of the 27 member states they should send their complaint or submit information...
  4. Remediation: The goal of any such regulation should be remediation for workers who have experienced forced labour. We strongly support the relevant amendments made by the European Parliament to the Commission’s proposal...

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