Slides from Melanie Bower, Director of Compliance Management, Sumerra; Stacey Forman, Sustainable Procurement Coordinator, City of Portland, Oregon; Nora Neibergall, Senior Vice President and Corporate Secretary, Institute for Supply Management; Robert Stumberg, Professor of Law; Director, Harrison Institute for Public Law, Georgetown Law; presented at the Sustainable Purchasing Leadership Council’s 2019 Summit in Portland, OR.
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SPLC 2019 Summit: Human Rights in Procurement: Modern Slavery & Human Trafficking
1. HUMAN RIGHTS IN PROCUREMENT:
MODERN SLAVERY & HUMAN TRAFFICKING
Sustainable Purchasing Leadership Council – May 22, 2019
2. Panel
Nora Neibergall, moderator
Senior Vice President and Corporate Secretary
Institute for Supply Management
Robert Stumberg
Professor of Law; Director, Harrison Institute for Public Law
Georgetown University Law Center
Melanie Bower
Director of Compliance Management
Sumerra
Stacey Foreman
Sustainable Procurement Coordinator
City of Portland
3. Questions
1 Why should purchasers care?
2 What is “modern slavery”? Are other abuses
prevalent?
3 How can your institution begin to be diligent on
human rights?
4 Why is transparency a central theme?
5 How can purchasers “leverage” or scale up their
impact?
4. Questions
1 Why should purchasers care?
2 What is “modern slavery”? Are other abuses
prevalent?
3 How can your institution begin to be diligent on
human rights?
4 Why is transparency a central theme?
5 How can purchasers “leverage” or scale up their
impact?
5. Questions
1 Why should purchasers care?
2
What is “modern slavery”?
Are other abuses prevalent?
3 How can your institution begin to be diligent on
human rights?
4 Why is transparency a central theme?
5 How can purchasers “leverage” or scale up their
impact?
6. Modern slavery
• Forced labor – work under menace of a penalty: kidnapping, confinement, threat of violence
• Human trafficking – false recruitment, recruitment fees, confiscation of travel documents, no-return travel
Sectors with forced or child labor
US General Services Administration
Apparel / textiles
Agriculture
Construction materials
Construction services
Electronics
Extractives
– oil, gas, mining
Fishing / aquaculture
Forestry
Furniture
Healthcare
Hospitality – hotels
Housekeeping –
facilities
Security services
Transportation
7. Customary
Source Countries
China
Dominican Rep.
Haiti
Honduras
Hong Kong
India
Indonesia
Pakistan
South Korea
Taiwan
Thailand
Vietnam
Procurement data reports a contractor’s office address, not its location of production.
This map shows customary source countries based on customs data.
US Government: Customary Sources of Apparel
8. 8
Substantial Risk Low Risk ? = No Data
Trafficking,
Forced Labor
Child Labor Discrimination
Denial of Right
to Organize
Illegal Wages /
Hours
Unsafe
Conditions
China
Dominican R.
Haiti
Hong Kong
India
Pakistan
South Korea
Taiwan
Thailand
Vietnam
Prevalence of Abuses
9. 9
Substantial Risk Low Risk ? = No Data
Trafficking,
Forced Labor
Child Labor Discrimination
Denial of Right
to Organize
Illegal Wages /
Hours
Unsafe
Conditions
China
Dominican R.
Haiti
Hong Kong
India
Pakistan
South Korea
Taiwan
Thailand
Vietnam
Prevalence of AbusesModern
Slavery
10. 1
Prevalence of Abuses
Substantial Risk Low Risk ? = No Data
Trafficking,
Forced Labor
Child Labor Discrimination
Denial of Right
to Organize
Illegal Wages /
Hours
Unsafe
Conditions
China DOS, ITUC DOS DOS DOS, FH DOS, WRC DOS
Dominican R. DOS ? ITUC DOS, WRC DOS, WRC DOS, WRC
Haiti DOS ? DOS, WRC DOS, ITUC DOS, WRC DOS, WRC
Hong Kong DOS, ITUC DOS DOS DOS DOS DOS
India DOS, DOL DOS, DOL DOS DOS ? DOS
Pakistan DOS DOL ? DOS ? ?
South Korea DOS ? DOS, ILO DOS, ITUC, AI DOS DOS
Taiwan DOS DOS DOS DOS DOS DOS
Thailand DOS DOS ? ITUC ? DOS
Vietnam DOL, DOS DOL, DOS DOS DOS DOL DOS
Modern
Slavery
11. Questions
1 Why should purchasers care?
2 What is “modern slavery”? Are other abuses
prevalent?
3
How can your institution begin to
be diligent on human rights?
4 Why is transparency a central theme?
5 How can purchasers “leverage” or scale up their
impact?
12. First steps of diligence ...
1.Set expectations for suppliers,
e.g., a code of conduct.
2.Assess supplier risk.
3.Confirm implementation
of your code.
Link to the GEC Purchaser’s guide:
https://greenelectronicscouncil.org/resources-guidance/
13. First steps: City of Madison, WI
5 Remedy
Disclose compliance
plans and remedies.
4 Conditions
Investigate and disclose
conditions.
3 Factory
location
Disclose 60% of factories at bidding stage
Disclose contractor’s list on consortium database
2 Procurement Disclose uniform contracts, a high-risk sector.
1 Policy Publish “sweatfree” code of conduct and factory disclosure forms
14. Questions
1 Why should purchasers care?
2 What is “modern slavery”? Are other abuses
prevalent?
3 How can your institution begin to be diligent on
human rights?
4
Why is transparency a central
theme?
5 How can purchasers “leverage” or scale up their
impact?
18. Comparing Transparency Progress
Framework
Stage of Disclosure
1
Policy
2
Procure-
ment
3
Factories
4
Conditions
5
Remedy
California TSCA
Modern Slavery Act
EU – TED database
US – USAspending.gov
Fair Labor Assn - audits
Madison, WI / SPC
Electronics Watch in 2019
Fair Labor Assn – 3rd party
Worker Rights Consortium
18
19. Questions
1 Why should purchasers care?
2 What is “modern slavery”? Are other abuses
prevalent?
3 How can your institution begin to be diligent on
human rights?
4 Why is transparency a central theme?
5
How can purchasers “leverage” or
scale up their impact?
20. Contact information
Nora Neibergall, nneibergall@instituteforsupplymanagement.org
Senior Vice President and Corporate Secretary, Institute for Supply Management;
leads ISM’s global certification programs. Advisor for the ISO20400 Sustainable
Procurement – Guidance publication.
Robert Stumberg, stumberg@georgetown.edu
Professor of Law; Director of the Harrison Institute for Public Law, Georgetown Law.
Advisor on procurement to the International Corporate Accountability Roundtable,
Electronics Watch, and the Sweatfree Purchasing Consortium (model policy).
Melanie Bower, mbower@sumerra.com
Director of Compliance Management at Sumerra (apparel industry). Previously,
Program Director for EPEAT; author of the Purchasers Guide for Addressing Labor and
Human Rights Impacts in IT Procurements.
Stacey Foreman, stacey.foreman@portlandoregon.gov
Sustainable Procurement Coordinator, City of Portland. Advisor to the Green
Electronics Council; board member of the Sweatfree Purchasing Consortium. LEED
Accredited Professional.