FAS Issues Guidelines on Eliminating Child/Forced Labor in Ag Imports, Etc.

FAS will also hold a public meeting of the Consultative Group for this issue on May 12, 2011 to hear oral comments on the guidelines.

(Section 3205 of the Food, Conservation, and Energy Act of 2008 (Farm Bill, Public Law 110-246) created a Consultative Group to develop recommendations for a standard set of practices for independent, third-party monitoring and verification for the production, processing, and distribution of agricultural products or commodities to reduce the likelihood that agricultural imports were produced using child or forced labor. In December 2010, the Consultative Group presented its recommendations of guidelines to Secretary Vilsack and in January 2011 USDA reported the recommendations to Congress. Secretary Vilsack has elected to issue the Consultative Group's guidelines without change for public comment¹.)

Ag Products Defined as HTS Ch 1-24 Goods, & Raw Cotton, Wool, Etc.

The Group defines agricultural products to include goods in chapters 1-24 of the Harmonized Tariff System (other than fish), as well as a few additional products outside of those chapters, including raw cotton, raw wool, hides, skins, proteins, and essential oils.

Child Labor, Forced Labor, and Other Terms Defined

The Group defines the term "child labor" as the worst forms of child labor as defined in the International Labor Organization (ILO) Convention 182², and "forced labor" to include all work or service that is: (i) exacted from any individual under menace of any penalty for nonperformance of the work or service, and for which the work or service is not offered voluntarily; or (ii) performed as a result of coercion, debt bondage, or involuntary servitude³; and (iii) performed by 1 or more individuals who were being subjected to a severe form of trafficking in persons. (FAS also provides other definitions in its FR notice.)

FAS Seeks Comments on How Guidelines Compare to Current Practices, Etc.

FAS requests comments address how the following guidelines recommended by the Consultative Group compare to current practices of companies, industry groups, and certification/accreditation organizations and the challenges perceived in incorporating the guidelines into existing or new programs. (See FR notice for additional questions FAS provides to help respondents frame their comments.)

Guidelines for Company Programs to Reduce Child Labor in Ag Imports

FAS states that the following guidelines contain elements that should be a part of any voluntary company program intended to reduce the likelihood that imported agricultural products are produced with the use of child/forced labor:

Standards on child/forced labor. Company standards on child/forced labor should meet or exceed ILO standards. Where national laws on child labor are equal to or more stringent than ILO standards, company standards should meet or exceed national laws. FAS states that the standards may be articulated through a variety of means, such as codes of conduct, labor/human rights policies, etc, and should be made available to the public.

Supply chain mapping from producer. A company should map its supply chains, beginning with the producer to identify and focus its program efforts on those areas at risk of using child/forced labor. The company should also update its risk assessment periodically based on experience operating its system and implement systems to trace commodities to the producer level where feasible.

Communication of standards. Among other things, a company should communicate child/forced labor standards, rights, expectations, monitoring and verification programs, remediation policies, and complaint process and process for redress to suppliers, workers, other levels of supply chain (exporters, traders, middlemen, etc.), and civil society.

Supply chain monitoring. A company should develop monitoring tools based on its standards on child/forced labor (mentioned above) and have an internal staff of auditors and/or hire a credible organization to carry out the monitoring activities. The monitoring of the incidence of child/forced labor throughout the company’s supply chain should occur on a continuous basis, as well as in response to any whistleblower allegations, with special emphasis on those areas identified to be most at risk. Monitors should check that suppliers are maintaining appropriate traceability documentation. When violations are found, a company should remediate.

Remediation plan. In consultation with relevant stakeholders, a company should develop and put in place a remediation policy/plan that addresses remediation for individual victims as well as remediation of broader patterns of non-compliance caused by deficiencies in the company’s and/or suppliers’ systems and/or processes. FAS provides specific remediation requirements for individual victims and for a company's and/or suppliers' systems and processes.

Internal process review. A company should periodically check its own progress against its program goals, including determining the effectiveness of its program to reduce the overall incidence of child labor or forced labor in its supply chain. Where remediation has been undertaken, the company should confirm that remediation has been implemented and is effective. Information should be made available to the public on its monitoring program and process to remediate/improve performance.

(FAS adds that companies adopting the guidelines are expected to engage with governments, international organizations, and/or local communities to promote the provision of social safety nets that prevent child and forced labor and provide services to victims and persons at risk.)

Independent 3rd Party Monitoring & Verification of Program Implementation

As part of its guidelines, FAS states a company should seek independent third-party monitoring and verification of the implementation of their program. FAS provides companies with two models to conduct independent reviews of their programs, however, notes that a comprehensive program review should include a combination of both the following models:

Independent third-party monitoring model. This model utilizes independent external monitoring organizations and monitors to evaluate conditions at the facilities of the company and its suppliers. This model may include unannounced and announced on-site visits to evaluate a company's suppliers to determine compliance with child/forced labor standards. The monitor identifies violations of child/forced labor when observed, however, independent third-party monitoring with not necessarily include an evaluation of the company's entire documented program.

Independent third-party verification model. This model utilizes accredited certification bodies to verify the company's ability to implement and maintain a program that ensures its suppliers meet its standards on child labor and forced labor. This model includes an evaluation of the company's entire documented program to determine compliance to the program as well as to the standards for child/forced labor. It includes witnessing the company evaluating its suppliers. The verifier does not conduct independent evaluations of suppliers, but does identify violations of child/forced labor when observed.

¹Within one year after receiving the Consultative Group's recommended guidelines, the Secretary of Agriculture is required to release guidelines for a voluntary initiative to enable entities to address issues of child/forced labor. FAS has made these guidelines available for public comment, as required by the Farm Bill, which based off the responses received from this notice, may be subject to change. The Consultative Group will terminate on December 31, 2012.

²The Convention defines a child as all persons under the age of 18, and the worst forms of child labor as:

(i) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children (which the TDA Conference Report states is defined to include work with dangerous machinery, heavy loads, in an unhealthy environment, for long hours, etc.);

(ii) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom, or forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict;

(iii)the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; and

(iv)the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in relevant international treaties.

³As those terms are defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 USC 7102).

(See ITT's Online Archives or 05/19/08 news, 08051905, for BP summary of the 2008 Farm Bill.

See ITT’s Online Archives or 12/21/10 news, 10122128, for BP summary of the Labor Department’s ninth annual report on its Findings of the Worst Forms of Child Labor for 2009.

See ITT’s Online Archives or 12/16/10 news, 10121636, for BP summary of the Labor Department’s revisions to the list of products requiring federal contractor certification as they might have been mined, produced, or manufactured by forced or indentured child labor.

See ITT’s Online Archives or 12/16/10 news, 10121627, for BP summary of Labor Department’s the list of goods (and countries of origin) it has reason to believe are produced by child labor and/or forced labor, in violation of international standards.)

Office of Agreements and Scientific Affairs Contact -- Steffon Brown (202) 720-6219 Steffon.Brown@fas.usda.gov