A new report by masters students at the Université Côte d’Azur, under the guidance of the law faculty and in association with NGO FairSquare, suggests French due diligence law may not prevent construction worker abuse in the Gulf Cooperation Council.

The French due diligence law requires joint-stock companies employing at least 5,000 workers in France or at least 10,000 workers worldwide to establish, implement and publish a ‘vigilance plan’, which includes identifying risks and preventing adverse human rights impacts due to the company’s activities or the activities of its subsidiaries, subcontractors and suppliers.

The report, titled Le devoir de vigilance face au risque de travail forcé, says the “general nature” of mitigation measures means companies do not have to impose measures that would restrict their operations in challenging contexts.

The report includes a comparative analysis of the vigilance plans of Bouygues and Vinci which indicates the companies may be able to fully adhere to the reporting obligations under the law, while not implementing actions that would restrict their ability to operate in sectors with high forced labour risks and where their mitigation capacity is low. The report also finds Vinci’s due diligence plans are more rigorous than those of Bouygues. The report was shared with both Vinci and Bouygues ahead of publication; Vinci’s response can be read below.

The report finds both Qatar, where construction boomed during the 2022 FIFA World Cup, and Saudi Arabia, where French companies are seeking contracts linked to giga-projects, pose challenging contexts where the vigilance law would not be an effective means of mitigating the risk of French companies being involved in projects that abuse worker’s rights.