The European Union has adopted a regulation banning the sale of products made with forced labor. A leading charity for undocumented migrant workers says the new law does not go far enough in protecting people caught up in exploitative and coercive systems.
The Forced Labor Regulation (FLR) was formally approved by the European Council late in November, after passing through the European Parliament earlier in the year. Member states have several years to implement the regulation at the national level. At the time of the parliamentary approval, the-then EU Rapporteur for the International Trade committee, Samira Rafaela called it a “historic day.”
“We have adopted a ground-breaking piece of legislation to combat forced labor worldwide,” said Rafaela. “This regulation fosters EU and international cooperation, shifts power from exploiters to consumers and employees, and offers possibilities for remedy for victims.”
The FLR provides for various mechanisms for oversight and enforcement to stop products made with forced labor being sold within the EU. The Brussels-based charity the Platform for International Cooperation on Undocumented Migrants (PICUM) has said that while the law is admirable in its aims, it neglects the lived realities of people forced to work in exploitative conditions, particularly undocumented migrants.
The problem that PICUM are highlighting stems from the precarious position many undocumented migrant workers find themselves in. By definition, such people have few protections within the territory they are working, and this gives their employers considerable power to exploit them.
An undocumented person working in a factory with exploitative or coercive conditions, for instance, will have a well-founded fear of going to authorities to report forced labor practices, as it may mean they themselves will be targeted for immigration enforcement. Even if their complaint against employers is taken seriously, and authorities take action to end the forced labor, absent explicit laws protecting them undocumented workers could still end up facing deportation.
Reprisals from employers is another clear worry. PICUM notes the FLR does not contain strong confidentiality provisions, meaning that if someone reports forced labor practices it may well get back to their exploiter and their conditions get worse. This is a concern even for documented migrant workers, as often people’s immigration status is tied to their employer, leaving them vulnerable
Given all these risks, people are heavily incentivized not to speak out. At the same time, forced labor is a broad concept and may involve some amount of income for those in exploitative conditions, meaning if people do speak out they could also lose that small source of income they depend on.
“Banning products alone is not enough to help workers affected by forced labor and may even put them in situations of heightened vulnerability,” said Silvia Carta, Advocacy Officer at PICUM. “This Regulation does little to address their situation, especially for those with precarious residence status and those undocumented.”
PICUM recommends the EU add various provisions to the FLR to strengthen protections for migrant workers. These include putting up firewalls between forced labor investigations and immigration enforcement, consulting with workers and their representatives before and during investigations, and offering undocumented people greater support and the chance to regularize their status.
The EU was approached for comment about these issues but did not respond. This article will be updated to reflect any comment if it is received.