Uyghur Rights Advocacy Project (URAP) and Human Rights Action Group (HRAG) submitted consultation reports today in response to the Public consultation on potential due diligence and civil liability measures to fight labour exploitation in supply chains and the Public consultation on regulatory approach under Bill C-35, An Act respecting the prohibition of the importation of goods produced by forced labour.
This submission on potential due diligence and civil liability measures presents 6 recommendations to ensure that any future due diligence and civil liability framework protects the workers most at risk and delivers meaningful accountability: statutory coverage of every entity that operates in or sources from a high-risk region, including the Uyghur region, regardless of size; due diligence obligations that incorporate the full content of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct, including the expectations to avoid causing or contributing to adverse impacts and to use leverage, including meaningful promotional activities; an enhanced standard of due diligence in high-risk regions and conflict zones, applied consistently to every state-sponsored forced labour system, including those of China, Eritrea, and North Korea; a civil right of action paired with the restoration of independent investigative oversight, through the resurrection of the Canadian Ombudsperson for Responsible Enterprise or the grant of investigation powers to Canada’s National Contact Point; a victims’ litigation fund and class proceedings to make the civil route genuinely accessible; and coherence and information sharing between the due diligence regime and the Bill C-35 import prohibition.
The submission on Bill C-35 presents 8 recommendations to ensure that Bill C-35 establishes an effective, transparent, and enforceable framework for preventing goods produced through forced labour from entering Canada. Namely, URAP and HRAG recommend: listing all goods produced in regions or countries linked to state-sponsored forced labour; synchronizing Canada’s list with existing lists identifying goods produced with forced labour; establishing minimum importer disclosure requirements and implementing them immediately; strengthening evidentiary standards for supporting documentation; monitoring and addressing conflict of laws issues affecting supply chain due diligence; recognizing and building capacity for independent testing and assurance; creating a transparent, helpful and effective civil society submission process; and providing Canada Border Services Agency with dedicated enforcement capacity. This submission also flags two issues in the text of Bill C-35 that merit legislative amendment.
» Due Diligence and Civil Liability Submission
» Bill C-35 Submission
