Note: This post originally appeared in September 2020 and has since been revised.
Background
SASB’s Human Capital Management Research Project seeks to “incorporate emerging issues, evidence of financial materiality, and evolving market views” with respect to human capital in updating its 77 industry standards. In support of these efforts, Rights CoLab has convened leading labor rights experts and, with the Data for Good program of the Data Science Institute of Columbia University, created a data science project, which uses natural language processing and machine learning to surface new relationships between labor-related human rights risks and financial materiality. The results of this project will inform a set of recommendations for SASB standards that better reflect human rights risks.
A key objective of our work is to ensure that labor supply chain risks are better represented as human capital management issues in the standards. An obstacle that we’ve encountered in our work is SASB’s “Five Sustainability Dimensions” typology, which places “Supply Chain Management” within the “Business Models & Innovation” dimension and outside of the “Human Capital Management” dimension. According to SASB’s Conceptual Framework, the purpose of the typology is to clarify sustainability; however, we find that the typology creates roadblocks in three related ways.
First, it reinforces a problem that labor rights advocates have long worked to combat: that companies treat their responsibility for workers in supply chains as a secondary concern to their direct workforce. For investors in particular, a company’s failure to adequately understand and disclose its supply chain risks means that the company and its investors have only partial visibility into that company. Second, locating the issue of “supply chain management” in a separate dimension from human capital reflects an outdated notion that producing through integrated supply chains is a business model choice, rather than a commercial necessity as it has been for the past 20-30 years. As such, virtually every company depends upon a supply chain, without which the business collapses. Third, by locating due diligence procedures in a separate “leadership and governance dimension,” SASB misses the opportunity to tie supply chain management to oversight of risk.
Notably, sustainability frameworks of ESG data providers already include supply chains within human capital management—for example, MSCI ESG Ratings—suggesting that mistreatment of workers in supply chains is a financially material risk. Others offer specific resources to help companies identify labor risks in supply chains, including the FTSE4Good Index Series (p. 2). A recent report by Refinitiv exposed a severe lack of due diligence on business supply chains, and highlighted the hidden dangers in supplier, distributor, and partner relationships.
The compilation, below, of evidence across a range of industries of negative impacts on operations and profits connected to labor abuses within a company’s supply chain lends further support to our recommendation that the typology be jettisoned.
About this repository
Alongside our data science effort, we have created the repository by manually tracking evidence of financially material risks within supply chains across news sources, expert commentaries and guidelines, client alerts of leading law firms advising corporate clients on emerging risk, and lawsuits. To align with SASB’s industry-specific approach to standard setting, it is organized by risks that surfaced for companies according to SASB’s industry classification system. We’ve also included an industry-agnostic section for evidence of financially material risk that is not industry-specific.
Each entry points to financial impact and/or investor interest, the two aspects of SASB’s concept of financial materiality, linked to one or more of the following supply chain business risks: 1) regulatory risk; 2) reputational risk; and 3) operational costs.
Strengthened regulation is manifested in new or revised sanctions, penalties, and criminal liability for companies accused of human rights abuses in supply chains.
Example: In 2015, the United States Trade Facilitation and Trade Enforcement Act closed a loophole from a consumptive demand exemption which has led Customs and Border Protection (CBP) to issue a greater number of Withhold Release Orders (WRO), preventing products made by companies associated with modern slavery from entering the U.S market. For some companies, the impact of these detainments has had a significant financial impact: Stevia-maker PureCircle shares plummeted in 2017, and in 2020, Malaysian glove maker WRP Asia suspended its operations.
Reputational damage contributes to financial loss, loss of consumer demand, and public support, and potential divestment.
Example: In July 2020, Standard Life Aberdeen, the United Kingdom’s largest asset manager, dumped almost all of its stock in the fashion company Boohoo, following allegations of poor working conditions in the company’s supply chain. Similarly, at the end of 2019, Japanese beverage giant Kirin’s acquisition of New Belgium Brewing and entry to the U.S craft beer market was threatened, following public pressure and human rights activism regarding the company’s association with a military-run company in Myanmar.
Higher operational costs stem from short- and long-term risks to the labor force and supply of materials, as well as potential costs associated with litigation and remediation. From February-August 2020, there was an increase in companies agreeing to compensation for labor rights violations.
Example: Malaysian glove maker Hartalega Holdings, clothing factory Sheico Thailand, and electronics firm Cal-Comp Electronics all agreed to reimburse employees who were victim to illegal recruitment fees. In some cases, the cost of the repayments could total in the millions.
While we began actively tracking evidence in December 2019, this compilation also includes earlier articles. Entries appear in chronological order starting with the most recent news account for each section – through to January 2021. Since an issue is typically covered by more than one information source, we selected the report that emphasizes financial impact or investor interest, and prioritized client alerts from law firms over media reports. Where there are multiple reports for a business risk that each highlight a different aspect of business risk, they are presented as a grouping within the relevant SASB industry or sector. The lawsuits are primarily drawn from the Business & Human Rights Resource Centre’s Corporate Legal Accountability portal.
Besides the industry-specific reports, we include an “industry agnostic” section. This section highlights regulatory trends that have an effect on financial risk across industries, as well as academic studies that point to new understandings of the link between corporate practice and financial risk in supply chains.
Quick Industry Search
- Industry Agnostic
- Sector: Consumer Goods
- Sector: Extractives and Minerals Processing
- Sector: Food and Beverage
- Sector: Health Care
- Sector: Infrastructure
- Sector: Renewable Resources & Alternative Energy
- Sector: Services
- Sector: Technology and Communications
- Sector: Resource Transformation
- Sector: Transportation
Industry Agnostic
U.S. Custom and Border Protection halts importation of goods made with forced labor under US Tariff Act
US blocks $50M in imports made from forced labor and may do even more under Biden
December 2020
In 2019, the US seized $50 million in imported goods suspected to be produced with forced labor, a practice that is expected to increase under the Biden administration.
Demonstrates: financial impact, strengthened regulation
Importing Freedom: Using the U.S. Tariff Act to Combat Forced Labor in Supply Chains
July 2020
A guide for corporate accountability advocates from the non-profit Human Trafficking Legal Center on how to develop a petition to the U.S Customs and Border Patrol to leverage the U.S. Tariff Act and Withhold Release Orders.
Demonstrates: financial impact, strengthened regulation, reputational risk
Combating Forced Labor: The Increased Use of Withhold Release Orders and Formal Findings
March 2020
Law firm Jones Day briefs clients on risks of shipment detainment through Withhold Release Orders.
Demonstrates: financial impact, strengthened regulation
Reading the Stevia Leaves: Early Clues to Federal Enforcement of the Ban on Imports Made with Forced Labour
February 2020
U.S. Customs and Border Protection has issued thirteen orders blocking the importation of goods suspected to be produced by modern slavery.
Demonstrates: financial impact, strengthened regulation
CBP Issues Detention Orders against Companies Suspected of Using Forced Labor
October 2019
U.S. Customs and Border Protection will issue a WRO to detail or block imports suspected of being produced with forced labor.
Demonstrates: financial impact, strengthened regulation
Developments In U.S. Supply Chain Regulation
ULC’s work on Coercive Labor Practices in Supply Chains
August 2020
Legal expert, Professor Jena Martin, describes various legal paths for strengthened U.S procurement legislation to combat coercive labor practices.
Demonstrates: financial impact, strengthened regulation
Trump Administration Strengthens Efforts to Combat Human Trafficking
January 2020
– Law firm Covington & Burling LLP advises clients on increased U.S. government interest in anti-modern slavery efforts, with a focus on due diligence in government procurement.
– White House memorandum on efforts to enhance anti-trafficking requirements in Federal acquisition.
Demonstrates: financial impact, strengthened regulation
The Emergence of Human Rights Due Diligence Laws
EU adopts a global human rights sanctions regime
December 2020
The Council of the EU establishes a global human rights sanctions regime, imposing a travel ban and asset freeze on entities, including businesses, associated with human rights abuses.
Demonstrates: financial impact, strengthened regulation
EU Mandatory Human Rights Due Diligence Law Takes Shape
September 2020
Draft report of the European Commission’s proposal to introduce mandatory human rights due diligence legislation includes potential use of civil or criminal penalties.
Demonstrates: financial impact, strengthened regulation
Many German firms ignore partners’ human rights abuses
August 2020
German ministers announce that a global supply chain law will be a top priority during the next legislative period.
Demonstrates: financial impact, strengthened regulation
Office of the EU: Study on due diligence requirements through the supply chain. Part I, Synthesis report
February 2020
EU assessing regulatory options, including potential new due diligence requirements as a legal duty of care.
Demonstrates: financial impact, strengthened regulation
Mandatory Modern Slavery Disclosure Laws
Modern Slavery legislation introduced again in Canada’s senate
November 2020
The Modern Slavery Act would require mandatory modern slavery disclosure by companies, demonstrating increased scrutiny of supply chain business practices.
Demonstrates: financial impact, strengthened regulation
New South Wales moves a step closer toward implementation of modern slavery reporting requirements for U.S.-based and other multinationals
March 2020
Law firm Ropes & Gray advises clients on commitment of New South Wales to modern slavery reporting in relation to the new Commonwealth reporting requirements with penalties for non-compliance..
Demonstrates: financial impact, strengthened regulation
Other New Regulation
UK to fine companies that fail to disclose imports tied to China’s Xinjiang region
January 2021
The UK will fine companies hiding connections to China’s Xinjiang region to ensure that British organizations “are not complicit in, nor profiting from, the human rights violations.”
Demonstrates: financial impact, strengthened regulation
UK to fine companies that fail to disclose imports tied to China’s Xinjiang region
January 2021
The UK will fine companies which hide connections to China’s Xinjiang region to ensure that British organizations “are not complicit in, nor profiting from, the human rights violations.”
Demonstrates: financial impact, strengthened regulation
Canada Bans Imports of Forced Labour Goods: Now What?
August 2020
Amendments to Canada’s customs tariff prohibit importation of goods produced by forced labour.
Demonstrates: financial impact, strengthened regulation
New UK law: Liability for ‘profiting from’ gross human rights abuses
September 2017
FCPA Blog: U.K. Criminal Finances Act expands legal options for UK prosecutors to fight against human rights abuses.
Demonstrates: financial impact, strengthened regulation
Retroactive Corporate Liability for Human Rights Abuses
December 2017
Law firm Pillsbury alerts clients that the U.K. Criminal Finances Act may lead to the seizure of assets held by companies that have benefited from human rights abuses.
Demonstrates: financial impact, strengthened regulation
Attorney Guidance on Litigation Risks
A Review of CBP Actions on Forced Labor in 2020 and Outlook for 2021
February 2021
Foley Hoag LLP reviews the use of WROs and advises companies on how to ensure compliance programs are effective in addressing forced labor in supply chains.
Demonstrates: financial impact, strengthened regulation
The Emerging Landscape of US Forced Labor Enforcement in Global Supply Chains
December 2020
Law firm White & Case discuss the unprecedented use of WROs used to combat forced labor, citing cases in the production of tuna, stevia and cotton, as well as goods produced in Xinjiang.
Demonstrates: financial impact, strengthened regulation
What responsibilities do multinationals have to those in their supply chains?
June 2020
Law firm Leigh Day describes emerging law to address labor risks in supply chains in a blog to corporate clients.
Demonstrates: financial impact, strengthened regulation
Labor Trafficking in Corporate Supply Chains— Where We Are Now
December 2019
White Paper by law firm Jones Day on increased litigation and claims.
Demonstrates: financial impact, strengthened regulation
Mitigating Risk, Eradicating Slavery
January 2019
Law review survey of the current litigation landscape regarding labor harms in supply chains.
Demonstrates: financial impact, strengthened regulation
Academic Studies
Socially Responsible Corporate Customers
July 2019
Academic study finds that “customers that influence their suppliers to act socially responsibly” have a positive impact on their performance.
Demonstrates: Financial impact, consumer interest
The Impact of Supplier Sustainability Risk on Shareholder Value
November 2018
Study shows that supplier sustainability risks are associated with a 1.00 percent reduction in shareholder wealth.
Demonstrates: Financial impact, reputational risk
Sector: Consumer Goods
Trend to watch: increasing bans on goods produced in Xinjiang, China
US bans cotton and tomato products from China’s Xinjiang region over forced labor concerns
January 2021
CBP bans imports of cotton and tomatoes produced in Xinjiang, noting its potential to “hurt American businesses” and “expose unsuspecting consumers to unethical purchases.”
Demonstrates: financial impact, strengthened regulation
FLA Statement on Sourcing from China
December 2020
The Fair Labor Association prohibits sourcing and production of goods from Xinjiang, citing overwhelming evidence of human rights abuses and that effective due diligence is no longer possible in the region.
Demonstrates: financial impact, strengthened regulation
U.S. Bans Cotton Imports From Xinjiang Firm on ‘Slave Labor’
December 2020
The U.S. Department of Homeland Security will impound cotton shipments from the Xinjiang Production and Construction Corps as part of efforts to increase economic pressure on Beijing regarding its treatment of the Uighur minority.
Demonstrates: financial impact, strengthened regulation
Auditors to Stop Inspecting Factories in China’s Xinjiang Despite Forced-Labor Concerns
September 2020
Given the “lack of access and heavy policing in the region,” auditors can’t properly examine factories, which means that companies sourcing/ producing there cannot satisfy reporting requirements.
Demonstrates: financial impact
Fashion’s cotton supply caught in crossfire of US-China trade war
September 2020
Xinjiang cotton ban means that companies need to investigate all suppliers throughout their supply chains, beyond first or second-tier suppliers.
Demonstrates: financial impact, industry interest, regulatory environment
U.S. May Ban Cotton From Xinjiang Region of China Over Rights Concerns
September 2020
U.S. ban on cotton from Xinjiang.
Demonstrates: financial impacts, regulatory environment
Uighur labor will be tough to avoid with about 20% of cotton connected to Xinjiang: GlobalData
October 2020
The U.S. House of Representatives passes a bill to ban importation of products made by Uighur forced labor.
Demonstrates: financial impact, strengthened regulation
Industry: Apparel, Accessories & Footwear
Trend to watch: Operations costs, lost of business, and drop in stock value for companies suspected of modern slavery (see also Boohoo in e-Commerce Industry)
Thailand: Starbucks, Disney & Tesco commit to compensate illegally underpaid migrant garment workers in their supply chains
October 2020
Following a media report on underpaid employees and the raiding by officials of two garment factories in Mae Sot, Thailand, buyers Starbucks, Disney & Tesco commit to compensate workers.
Demonstrates: financial impact
H&M cuts ties with Chinese supplier over Xinjiang forced labour accusations
September 2020
H&M ending relationship with a Chinese yarn producer over ties to China’s Xinjiang province and accusations of using forced labor.
Demonstrates: financial impact, reputational risk
Fast fashion giants face mounting pressure to protect supply chain workers through Covid-19
July 2020
Extinction Rebellion activists protest in London to “urge fast fashion brands to financially support suppliers overseas throughout the pandemic.”
Demonstrates: financial impact, reputational risk
An Investor Guide to Addressing Forced Labor in the Apparel Industry
July 2020
Survey finds that investors recognize the importance of forced labor metrics, but need help identifying how to approach the issue. This guide demonstrates how investments may be exposed to forced labor.
Demonstrates: investor interest, reputational risk
Thai clothing factory compensates exploited migrant workers
April 2020
Thai supplier of Patagonia clothing brand reimbursed Burmese migrant workers over $100,000.
Demonstrates: financial impact
The U.S. Should Do More To Tackle Forced Labor in Xinjiang
March 2020
A shipment of baby clothes produced by Hetian Taida in Xinjiang were blocked from entry to the U.S after accusations of forced labor.
Demonstrates: financial impact, regulatory environment
Spice Girls T-shirts made in factory paying staff 35p an hour
January 2019
The Spice Girls and Comic Relief verified the credentials of online retailer Represent, but it then changed manufacturer without their knowledge. Represent agreed to refund customers on request.
Demonstrates: Financial impact
Industry: E-commerce
Boohoo launches independent investigation into supply chain
July 2020
Boohoo to investigate suppliers as shares continue to fall over issues with wages and working practices during the pandemic.
Demonstrates: financial impact, reputational risk
Big shareholder dumps Boohoo over working condition allegations
July 2020
Standard Life Aberdeen dumps Boohoo stock and criticized its response to allegations of poor working conditions in its supply chain.
Demonstrates: financial impact, reputational risk
Industry: Household & Personal Products
Global glove importers rethink relationship with Malaysian manufacturer
December 2020
Kimberly-Clark and Ansell re-evaluate business with a Malaysian glove manufacturer after government raids uncover poor living conditions, a problem which an earlier third party audit did not report.
Demonstrates: financial impact
Industry: Multiline and Specialty Retailers & Distributors
LAWSUIT | Costco, re: Slave Labor in Prawn Supply Chain
Following an expose in The Guardian, a consumer filed a lawsuit against Costco and its Thai seafood supplier, CP Foods, alleging the company did not disclose the use of slave labor in its supply chain to consumers. The case was dismissed.
Read more via BHRRC and the Guardian.
Demonstrates: Legal risk, consumer interest
Sector: Extractives & Minerals Processing
The Value of Names – Civil Society, Information, and Governing Multinationals on the Global Periphery
December 2020
Academic study shows that publicity (i.e. naming and shaming) of the assassination of civil society activists in the mining industry leads to “large, negative abnormal returns” for firms associated with the abuse.
Demonstrates: Financial impact
Industry: Metals & Mining
Landmark settlement is a message to Canadian companies extracting resources overseas: Amnesty International
October 2020
A human rights lawsuit has been settled outside of court with Nevsun Resources, showing that Canadian courts are willing to hear civil liability cases for corporate harms committed abroad.
Demonstrates: financial impact, regulatory environment
Legal ruling paves way for Canadian firms to be pursued for overseas human rights breaches as Norway’s Ethics Council prioritises working conditions
March 2020
Supreme Court of Canada’s “a landmark ruling” for modern slavery rules against Nevsun Resources’ petition to dismiss allegations of human rights abuses at an African mine.
Demonstrates: financial impact, regulatory environment
Customs Cracking Down on Imports of Congo Gold, Marange Diamonds
October 2019
Shipments subject to a WRO will have to “re-export the detained shipments or submit information to the U.S Customs and Border Protection demonstrating that the goods have not been produced with forced labor.”
Demonstrates: financial impact, regulatory environment
Sector: Food and Beverage
US bans cotton and tomato products from China’s Xinjiang region over forced labor concerns
January 2021
CBP bans imports of cotton and tomatoes produced in Xinjiang, noting its potential to “hurt American businesses” and “expose unsuspecting consumers to unethical purchases.”
Demonstrates: financial impact, strengthened regulation
2020 List Of Goods Produced By Child Labor Or Forced Labor
September 2020
The U.S. Department of Labor’s Bureau of International Labor Affairs has added fish from China and Taiwan to it’s ninth edition of the List of Goods Produced by Child Labor or Forced Labor due to reports forced labor in their DWF fleets.
Demonstrates: financial impact, strengthened regulation
CBP Issues Detention Order on Seafood Harvested with Forced Labor
May 2020
U.S. Customs and Border Protection to detain imports of seafood harvested by a Taiwanese fishing vessel due to suspected forced labor.
Demonstrates: financial impact, regulatory environment
LAWSUIT | Nestle, Cargill and Mars, et al, re: Child Labor in Cote D’Ivoire Cocoa Supply Chain
In 2021, International Rights Advocates (IRA) filed a lawsuit in the US District Court for the District of Columbia against chocolate companies for alleged trafficking and forced labor of Malian citizens.
Read more via The Straits Times.
Demonstrates: Legal risk
LAWSUIT | Rubicon Resources LLC, Wales & Co Universe, Phatthana Seafood and SS Frozen Food, re: Labor rights abuses
While a 2016 ruling allowed the case against the defendants to proceed, a judge dismissed the case in 2018, citing a lack of evidence. The lawsuit alleged forced labor conditions in the Thai seafood industry.
Read more via BHRRC.
Demonstrates: Legal risk
LAWSUIT | Thammakaset, re: Forced Labor In Poultry Supply Chain
In 2016, Myanmar migrant workers filed a lawsuit against Betagro for labor rights violations on a poultry supplier farm, Thammakaset. In a 2019 ruling, the Supreme Court of Thailand ordered Thammakaset to pay 1.7 million Thai Baht to the victims.
Read more via BHRRC.
Demonstrates: Legal risk
LAWSUIT | Produkty, Re: Forced Labor and Torture in Grocery Store Chain
After a Russian court failed to hear the claims of forced labor and abuse in the grocery store chain, lawyers filed a complaint with the European Court of Human Rights in 2016. (No further updates).
Read more via BHRRC.
Demonstrates: Legal risk
Industry: Agricultural Products
U.S. retailers told to target forced labor in China after cotton import crackdown
January 2021
CBP official states that the agency expects retailers to conduct due diligence beyond first tier suppliers, yet most companies have “limited to no knowledge around sourcing” further down the supply chain.
Demonstrates: financial impact, strengthened regulation
U.S. bans palm oil imports from Sime Darby following forced labour allegations
– The ban on Sime Darby is a “blow to the industry,” given that the company is regarded as a leader in sustainability with public commitments to human rights.
– RSPO said that “an initial review of audit findings earlier this year did not generate any red flags against Sime Darby Plantation.”
Demonstrates: financial impact, strengthened regulation
Labour Rights Violation in the Global Supply Chain of the Palm Oil Industry
December 2020
Allegations of labor abuse at multiple RSPO-certified palm oil plantations indicates the ineffectiveness of corporate ‘sustainability’ policies, weak government supervision and inadequacy of the certification scheme as a reliable supply chain metric.
Demonstrates: reputational risk
CBP issues forced labor finding for stevia imports from manufacturer in China
October 2020
U.S. Customs and Border Protection seized products and initiated forfeiture proceedings on Inner Mongolia Hengzheng Group Baoanzhao Agriculture, Industry, and Trade Co., Ltd. following reports of forced labor in its manufacturing.
Demonstrates: financial impact, regulatory environment
Shares in stevia maker PureCircle plummet as ‘slave labour’
January 2017
Natural sweetener maker PureCircle blamed its dispute with the US authorities for a fall in sales over the last six months.
Demonstrates: financial impact, regulatory environment
Industry: Alcoholic Beverages
Kirin’s US beer deal threatened by Myanmar links
December 2019
“Opposition to Japanese beverage giant Kirin’s joint venture with a military-run company in Myanmar is creating headwinds for its expansion plans in the U.S. craft beer market.”
Demonstrates: financial impact, reputational risk
Industry: Processed Foods
Chocolate companies ask for a taste of government regulation
December 2019
Some of the world’s largest chocolate companies call for more regulations aimed at discouraging the use of child labor on cocoa farms.
Demonstrates: investor interest, regulatory environment, industry interest
LAWSUIT | Nestlé, re: Forced Labor in Thai Seafood Industry
Consumers filed a lawsuit against Nestlé in 2018 claiming the company violated consumer protection laws by not disclosing the use of forced labor in it’s supply chains. The judge dismissed the case citing a safe harbor exception.
Read more via BHRRC.
Demonstrates: Legal risk, consumer interest
LAWSUIT | Hershey, re: Child Labor in Côte d’Ivoire Cocoa Supply Chain
In 2015 and 2018, consumers filed two lawsuits against The Hershey Company alleging that the use of child labor in their supply chains violated consumer protection laws. Both cases were dismissed as non actionable as the plaintiffs failed to prove they were deceived.
Read more via BHRRC.
Demonstrates: Legal risk, consumer interest
LAWSUIT | Nestle and Cargill lawsuit re: Child Labor in Ivory Coast Cocoa Supply Chain
A case filed in 2005 against Nestle and Cargill was argued in the US Supreme Court in December 2020 to determine whether a US company can be held liable for violations committed abroad under the Alien Tort Statute.
Read more via BHRRC and Lawfare.
Demonstrates: Legal risk
Industry: Tobacco
Malawi: Customs and Border Protection issues withhold release order on tobacco from Malawi on allegations of forced labor
November 2019
The U.S. suspended imports of tobacco from Malawi for alleged forced labor practices.
Demonstrates: financial impact, regulatory environment
Sector: Health Care
Industry: Medical Equipment & Supplies
Blackrock and NBIM target directors at Top Glove over worker safeguarding
January 2021
Blackrock and Norges Bank Investment Management (NBIM) voted against the
Directors of Top Glove, noting the “egregious” mismanagement of worker health during the pandemic.
Demonstrates: Investor interest
After US Sanctions, Malaysia Migrant Workers Get Millions in Restitution from Glove Makers
November 2020
Malaysian rubber glove makers to compensate thousands of migrant workers for recruitment fees totaling tens of millions of dollars following mounting U.S. import bans for forced labor.
Demonstrates: financial impact, regulatory environment
Kossan sets aside RM50mil for migrant workers remediation fee
October 2020
Kossan Rubber Industries Bhd’s remediation plan will compensate migrant workers an estimated RM50 million.
Demonstrates: financial impact, regulatory environment
Amid virus crisis, U.S. bars imports of Malaysia’s Top Glove over labour issues
July 2020
The U.S Customs and Border Protection says it found evidence of forced labour practices, including debt bondage, in Top Glove’s units.
Demonstrates: financial impact, regulatory environment
Three months after US ban, glove maker suspends operations
January 2020
Glove maker WRP Asia suspended operations three months after the U.S Customs and Border Protection banned its goods on suspicion of forced labor practices.
Demonstrates: financial impact, regulatory environment
Top Glove: US’ ban on rubber glove company a wake up call
October 2019
Top Glove chairman Tan Sri Dr Lim Wee Chai said the U.S ban sends the “right signal” to global businesses.
Demonstrates: financial impact, regulatory environment
CBP Issues Detention Orders against Companies Suspected of Using Forced Labor
October 2019
U.S Customs and Border Protection’s withhold release orders will remove products associated with forced labor from U.S. shelves.
Demonstrates: financial impact, regulatory environment
Sector: Infrastructure
Industry: Engineering & Construction Services
Norway’s Wealth Fund to Probe Labour Practices from Gulf States to Malaysia
March 2021
Norway’s $1.3-trillion wealth fund has opened an investigation into labor rights violations in its portfolio spanning industries from the construction of stadiums in the Gulf states to electronics in Malaysia, which may result in divestment.
Demonstrates: Investor Interest
LAWSUIT | Signal International re: Labor Trafficking of Indian Workers
In 2015, a US district court ruled against Signal International and ordered it to pay $14 million damages. The company later filed for bankruptcy.
Read more via BHRRC and the Guardian.
Demonstrates: Legal risk
Industry: Real Estate
Scentre Group Increases Due Diligence Efforts on Workers Rights
● [Dec 2020] Australasian Centre for Corporate Responsibility (ACCR) calls on shareholders to support a resolution asking Scentre Group to increase due diligence efforts needed to protect worker’s rights and prevent forced labor practices.
● [Feb 2021] Scentre Group agrees to report on wage theft and employee workload, and ACCR agrees to withdraw a shareholder resolution
Demonstrates: Investor Interest, reputational cost
Sector: Renewable Resources & Alternative Energy
Industry: Solar Technology & Project Developers
Chinese Solar Companies Tied to Use of Forced Labor
January 2021
Solar companies are “investigating their exposure to Xinjiang and reconfiguring their supply chains to avoid the region,” noting that investors are getting nervous about risk of disruption.
Demonstrates: Investor interest
U.S. Solar Group Calls for Pulling Out of Xinjiang Over
October 2020
The leading U.S. solar-trade group calls on companies to “move their supply chains out of Xinjiang province region,” noting human-rights abuses and a “heightened risk of disruption.”
Demonstrates: financial impact, industry interest
Industry: Wind Technology & Project Developers
As US moves to renewable energy, wind turbines from Xinjiang may get caught in political tempest
December 2020
Allegations of forced labor in Xinjiang may stall clean power projects sourcing wind turbines from the region, including a large US project for Microsoft.
Demonstrates: Financial impact
Sector: Technology and Communications
LAWSUIT | Apple, Google, et al, re: Child labor In Democratic Republic Of Congo Cobalt Supply Chain
In 2019, International Rights Advocates (IRA) filed a lawsuit in the US District Court for the District of Columbia against Apple, Google, Tesla, Alphabet, Microsoft, and Dell alleging the corporations “knowingly benefited” from child labor. The case is ongoing.
Read more via BHRRC and CNN.
Demonstrates: Legal risk
Industry: Electronic Manufacturing Services & Original Design Manufacturing
Apple’s Supply Chain Problems In Asia Include Operational Costs And Community Conflict
Apple’s operations in India and China are challenged amongst allegations of unpaid wages and the use of student labor, respectively.
– In India, workers at supplier Wistron Corp rioted over unpaid wages, damaging property which could cost an estimated NT$200 million ($7.1 million), while shares fell as much as 3.4%.
– In China, following the prohibition of major supplier, Pegatron, for its use of student labor, new allegations against the company emerged of unpaid bonuses and wages.
Demonstrates: financial impact, reputational risk
Improvement or just Public Relations? China Labor Watch challenges Apple’s statement on Pegatron
November 2020
Apple puts Pegatron on probation following allegations of violated labor codes, yet China Labor Watch questions the “reliability and accuracy” of Apple’s statement.
Demonstrates: financial impact, reputational risk
Cal-Comp: A Lesson in the Importance of Worker-Driven Monitoring to End Forced Labour in Global Supply Chains
February 2020
Following years of activism, Cal-Comp Thailand compensates workers for excessive recruitment fees.
Demonstrates: financial impact
Thai electronics firm compensates exploited workers in rare award
December 2019
Reuters report on Cal-Comp’s compensation of workers.
Demonstrates: financial impact, operating costs, worker compensation
Call to Industry to Prevent Forced Labour Risks
February 2019
Electronics Watch addresses “excessive recruitment-related fees and expenses” incurred by migrant workers from Myanmar.
Demonstrates: financial impact, reputational risk
Industry: Software & IT Services
As US moves to renewable energy, wind turbines from Xinjiang may get caught in political tempest
December 2020
Allegations of forced labor in Xinjiang may stall clean power projects sourcing wind turbines from the region, including a large US project for Microsoft.
Demonstrates: Financial impact
Sector: Services
LAWSUIT | Global Horizons re: Forced Labor of Thai Workers
Global Horizons, a US-based recruiting company, faced multiple US lawsuits, including a 2010 criminal case filed by the US Justice Department (dismissed), and two civil lawsuits filed in 2014 by the US Equal Employment Opportunity Commission. In 2014 and 2016, judges ruled that Global Horizons was liable for $12.3 million and more than $7 million in damages, respectively.
Read more via BHRRC and the NY Times.
Demonstrates: Legal risk
Sector: Resource Transformation
Industry: Auto Parts
LAWSUIT | Firestone, re: Forced and Child Labor on a Liberian Rubber Plantation
A 2005 ruling against Firestone set a precedent that allegations of corporate involvement in child labor abroad can be brought against a company in the U.S. under the Alien Tort Claims Act.
Read more via BHRRC and Reuters.
Demonstrates: Legal risk
Industry: Industrial Machinery & Goods
Global glove importers rethink relationship with Malaysian manufacturer
December 2020
Kimberly-Clark and Ansell re-evaluate business with a Malaysian glove manufacturer after government raids uncover poor living conditions, a problem which an earlier third party audit did not report.
Demonstrates: financial impact
Malaysia’s 2nd-largest glove maker Hartalega to reimburse migrant workers’ recruitment fees
August 2020
Hartalega Holdings will reimburse the recruitment fees previously paid by migrant workers to employment agents.
Demonstrates: financial impact
Sector: Transportation
Fidelity warns of supply chain risks due to stranded seafarers
September 2020
Fidelity International raises concerns about health, safety, and operational risks with companies associated with ship workers who have been stranded at sea during the Coronavirus pandemic.
Demonstrates: Investor interest, operational risk
Photo by dylan nolte on Unsplash