HIDDEN IN PLAINSIGHT SITEMODERN SLAVERY IN THE CONSTRUCTION INDUSTRY 2 CONTENTS

Executive summary 3 Definitions of terms 4 Background/methodology 6 Facts and figures on modern slavery 7 Modern slavery in the construction industry: the issue 8 Risk: Labour 9 Risk: Building materials 13 Examples of labour risks and incidents across the world by region of destination 14–26 Europe 14 Middle East 17 Americas 23 Africa 25 Asia 25 Procurement: materials and products used in construction 27 Global standards on business and human rights 31 State Duty to Protect: the role of governments in regulation and legislation 33 Corporate Responsibility to Respect: the role of construction companies 37 The Dhaka Principles 39 Key elements for construction companies in tackling modern slavery 40 Additional guidance 42 Change ahead: other stakeholders 43 Endnotes 45 3 EXECUTIVE SUMMARY

An estimated 7 per cent of the global workforce works in ›› State Duty to Protect human rights: Governments need to construction. Many millions of people building homes, offices put in place regulation and legislation as a legal framework and infrastructure. The work is often hard, manual labour. for accountability and prosecution. The United Kingdom and A proportion of them do not do this out of free will; they are United States have introduced laws in the last few years that forced to work and are exploited. are viewed as game changers. Some other countries are in the process of passing laws on transparency in supply chains and More than 45 million people are estimated to be entrapped in modern slavery. modern slavery across the world. They are deprived of their freedom for the personal or financial gain of their exploiter. They ›› Corporate Responsibility to Respect human rights: end up in this situation either by deception or coercion. Construction companies can play a key role by identifying, mitigating and preventing modern slavery in their operations This crime occurs on any continent, in any country; anywhere and supply chains. This report points out key steps exploiters try to make money out of people who are vulnerable. businesses can take to tackle the issue, across a range of Exploitation for forced labour is one of the key types of modern roles and departments within businesses. Taking these steps slavery. Labour-intensive sectors where temporary and is an opportunity as well as a need for businesses. irregular work are common, as well as low-skilled and low-waged jobs, are considered high-risk sectors for forced labour. The ›› Access to Remedy for victims: Construction companies construction sector fits this description in regard to labour in and governments should put in place effective remediation the industry and procurement of building materials. Both areas measures. are at risk and known to be affected. Investors, civil society and the media are other stakeholders Due to the hidden nature of modern slavery and the complexity that have a role to play by influencing the private and public of construction supply chains, identifying and addressing the sectors to fulfil their duties. With benchmarking becoming issue is complicated. A range of stakeholders have roles to play. more common, all these stakeholders have already used The ‘Protect, Respect and Remedy’ framework in the United their power to have an impact on tackling modern slavery Nations Guiding Principles on Business and Human Rights in industries that more customer-facing than construction. provides structure: Now it is time to also address modern slavery in the construction sector. 4 which is exacted from any person under DEFINITIONS OF TERMS the menace of any penalty and for which the said person has not offered themself voluntarily”.4 MODERN SLAVERY benefits to achieve the consent of a person having control over another The 1930 Convention on Forced Labour An umbrella term that covers various person for the … was complemented in 2014 by a protocol terminologies used by different entities that added new elements, such as the ›› and people in regard to slavery, forced purpose of exploitation. Exploitation obligation for states to take steps and and bonded labour, human trafficking and includes, at a minimum, the to exercise due diligence in both the the worst forms of child labour. The 2016 exploitation of the prostitution of public and private sectors to prevent Global Slavery Index defines modern others or other forms of sexual forced labour in their practices or supply slavery as “situations of exploitation that exploitation, forced labour or services, chains. Also required is the protection a person cannot refuse or leave because slavery or practices similar to slavery, of victims, providing them with access of threats, violence, coercion, abuse of servitude or the removal of organs. to appropriate and effective remedies, power or deception”.1 The recruitment, transportation, transfer, such as compensation, and effective harbouring or receipt of a child (under 18 sanctioning of perpetrators.5 HUMAN TRAFFICKING years old) for the purpose of exploitation The United Nations Protocol to Prevent, shall always be considered trafficking BONDED LABOUR/DEBT BONDAGE Suppress and Punish Trafficking in in persons, even if it doesn’t involve the The status or condition where a person Persons defines trafficking in persons as means of threat, use of force or coercion has pledged their labour or service or that 2 the: as described above. of a person under their control, as security for a debt, where the fair value of that ›› act of recruitment, transportation, There is a common misconception that labour or service is not reasonably applied transfer, harbouring or receipt of human trafficking involves smuggling towards the liquidation of the debt, or the persons by … or requires that the trafficked person is length and nature of those services are not illegal in the country of destination.3 ›› means of the threat or use of force or respectively limited and defined6 i.e. the other forms of coercion, abduction, person is tricked and trapped into working FORCED LABOUR fraud, deception, the abuse of power for very little or no pay. The debt is often a or a position of vulnerability, or of the Defined by the International Labour loan provided to cover the recruitment fee giving or receiving of payments or Organization (ILO) as “all work or service and travel to take up the role.7 CHILD LABOUR (b) The use, procuring or offering of 5 a child for prostitution, for the As UNICEF states, children around the production of pornography or for world are routinely engaged in paid and pornographic performances. unpaid forms of work that are not harmful to them.8 Children’s or adolescents’ (c) The use, procuring or offering of a participation in work that doesn’t affect child for illicit activities, in particular their health and personal development, for the production and trafficking or interfere with their schooling, is of drugs as defined in the relevant generally regarded as being something international treaties. positive. However, when children are (d) Work that, by its nature or the either too young to work as defined by circumstances in which it is carried the ILO or they are involved in hazardous out, is likely to harm the health, safety WHEN CHILDREN activities that may compromise their or morals of children.10 physical, mental, social or educational ARE EITHER TOO development, it is classified as child TYPES OF MODERN YOUNG TO WORK OR labour.9 SLAVERY EXPLOITATION THEY ARE INVOLVED THE WORST FORMS OF CHILD LABOUR ›› Forced labour IN HAZARDOUS The ILO has made it a priority to eliminate ›› Criminal exploitation e.g. benefit fraud, the worst forms of child labour, which it cannabis cultivation, pickpocketing, ACTIVITIES THAT defines as: drug trafficking MAY COMPROMISE (a) All forms of slavery or practices ›› Sexual exploitation similar to slavery, such as the sale THEIR PHYSICAL, ›› Domestic servitude and trafficking of children, debt MENTAL, SOCIAL bondage and serfdom, and forced ›› Forced begging or compulsory labour, including OR EDUCATIONAL ›› Forced marriage forced or compulsory recruitment of DEVELOPMENT, IT children for use in armed conflict. ›› Organ harvest IS CLASSIFIED AS CHILD LABOUR. 6 AT ANY BACKGROUND/METHODOLOGY

GIVEN POINT The aim of this report is to bring using media coverage from the attention to the issue of modern licensed collection of almost 6,000 slavery in the construction industry of the most influential news sources IN TIME across the world. from more than 100 countries, the LexisNexis Human Trafficking Desk research and expert insights Awareness Index is a real asset to AROUND have set the framework for this highlight this global crime. research. In addition, media analysis THREE OUT has contributed to the report. The In this report we explore modern media analysis was based on articles slavery in the construction industry by: identified in the LexisNexis Human ›› Analysing the issue related to labour. OF EVERY Trafficking Awareness Index relating to modern slavery and the construction ›› Shedding light on the risks related to 1,000 industry, in particular in the period 1 procurement of building materials. January 2015 to 31 May 2016. ›› Illustrating the risks and reality of this PERSONS This approach was taken because issue across the world by setting it recognises the limitations of out a range of recent examples from research on this issue solely different regions.* WORLDWIDE based on media analysis, which ›› Examining relevant global and could lead to distribution of national regulation and legislation. ARE inaccurate information provided by journalists, overrepresentation and ›› Identifying the roles businesses, sensationalism of certain topics governments and other SUFFERING and underrepresentation of others. stakeholders can play in tackling IN FORCED However, if handled appropriately, modern slavery in this industry. *Please note that due to the scope of this report not every country and incident that has happened in LABOUR recent years has been included. FACTS AND FIGURES ON MODERN SLAVERY 7

Modern slavery is a largely hidden (68%) in private economy sectors Human trafficking is one of the fastest- crime. Data on the scale of the problem such as construction, manufacturing, growing criminal industries.13 Forced is scarce and gathering it is difficult. mining, utilities, agriculture, forestry, labour in the private economy generates fishing and domestic work. Based on US$150 billion in illegal profits annually, The most recent and reputable this estimate, “at any given point in the ILO said in 2014. Two thirds, or US$99 estimates: time around three out of every 1,000 billion, of this trade is commercial sexual ›› In 2012 the International Labour persons worldwide are suffering in exploitation. Another US$51 billion results Organization (ILO) estimated that there forced labour”.11 from forced economic exploitation.14 were 20.9 million persons in forced ›› The 2016 Global Slavery Index by the labour globally: 11.4 million women and Walk Free Foundation estimates that girls, and 9.5 million men and boys. there are 45.8 million people in modern The figure included 14.2 million people slavery across the world.12

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people in forced 1 0 labour globally people (68%) in forced labour globally in private economy sectors 45.8m people in modern slavery across the world 8 MODERN SLAVERY IN THE CONSTRUCTION INDUSTRY: THE ISSUE CONSTRUCTION The construction sector employs 7% of According to the ILO,SECTOR of the US$150 research, nine identified the construction the global workforce, estimates Building billion profit generated annually by sector as having the highest risk of labour and Wood Workers International.15 forced economic exploitation around the exploitation.17 world, US$34 billion (23%) is made in the The construction industry is one of the construction, manufacturing, mining and sectors most vulnerable to modern day utilities industries.16 GLOBAL slavery. One reason is its high demand In a 2015WORFORCE research report by the European for low-skilled, manual, low-waged work, CONSTRUCTION Union, construction was number two on which has been identified as likely to SECTOR the list of economic sectors in the EU be subjected to forced labour.18 Also, most prone to labour exploitation. Of temporary agency work is common. the 21 countries that participated in the Workers filling such jobs are often poorly educated and lack decent work options.19

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$ generated globally by forced labour For larger projects, there are often practical means of understanding 9 RISK: LABOUR many more tiers in the labour supply whether they have been paid in chain. The main contractor hires several accordance with what was agreed, and For anyone who wants to instigate a subcontractors for different parts of the therefore their ability to claim payments construction project, the risk of modern project. They in turn could use labour due to them, are fairly restricted, which slavery begins with the hiring of the main providers to supply workers for their places them at the mercy of employers.” contractor. Does the contractor comply sites, or outsource some of their work with legal and social standards in the to subcontractors. And this can involve “The construction sector is the most employment of its staff? Beyond that, many steps. and depending on the size of the project, predisposed [to exploitation] because does the contractor have appropriate The European Union Agency for it has subcontracting. When you policies and practices in place to Fundamental Rights draws attention have a contractor that assigns a prevent third-party contractors, such as to the fact that “workers from other subcontractor, who will also appoint a labour providers, from using people in countries employed on construction sites subcontractor, who will try to earn as modern slavery conditions? Using labour are often confronted with complicated much money as possible. And actually, providers can be a time-saving and cost- and opaque legal situations involving at the end of the chain, there are 20 effective practice for both contractor labour brokers and subcontracting. This workers in a difficult situation.” and client, but human rights compliance makes it difficult for them to understand Labour inspector, France should be part of decision-making. their rights and against whom their claims should be directed. Hence the workers’ LABOUR RIS

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CONTRACTOR SUBCONTRACTORS Direct recruitment of labour Subcontractors, each with their own … …workers via direct recruitment or labour providers 10 EXPLOITATION PRACTICES RELATED TO FORCED LABOUR COULD INCLUDE:21

›› Abuse of vulnerability. ›› Excessive overtime i.e. extremely long An exploitation practice often specifically work hours for six or seven days a week. related to unethical recruitment agencies ›› Confiscation of workers’ passports and or third-party labour exploitation is identity papers. ›› Very limited or no days of leave. demanding that workers pay recruitment ›› Control of workers’ freedom of ›› Deception i.e. significantly different fees, often resulting in excessive debt movement. working conditions from what was burdens. agreed prior to employment. For ›› Isolation – limited or no communication Because recruitment agents often play example, in the case of migrant with relatives or other people outside an ongoing role in workers’ lives, they workers, not honouring contracts in the the workplace. all too often exploit and abuse in other country of destination that were signed ways as well e.g. when acting as landlords, ›› Debt bondage. in the country of origin. renewing work permits or collecting fees ›› No payment of salary, or salary ›› Worker lives at the workplace or in or debt.22 considerably below legal minimum accommodation chosen by the Across EU member states opinions wage. Sometimes requiring labourers exploiter, sometimes in abusive differ on whether provision of workers via to work unpaid until a project is conditions. recruitment agencies prevents or fosters completed. ›› Intimidation and threat of or actual labour exploitation. The limited resources ›› Withholding unreasonable fees for harm by physical, psychological and available for monitoring and inspection housing, transportation, food and other sexual violence. services is an issue.23 services. ›› Threats against workers’ relatives. ›› Lack of social security payments. MIGRANT WORKERS MIGRANT WORKERS 11 PER SECTOR The ILO says migrant workers and indigenous people are particularly Industry, including manufacturing 24 vulnerable to forced labour. In 2015 it 17.8% and construction: 17.8% estimated that there were 244 million migrants around the world, and of the 25 150 million who were workers , 26.7 11.1% Agriculture: 11.1% million were engaged in industry including construction and manufacturing.26 7.7% Domestic workers: 7.7% Analysis of migration in the construction sector by leading United Kingdom trade 63.4% body the Chartered Institute of Building Other services: 63.4% (CIOB) includes this insight: “Looking at the supply side, migration is essential to provide the flexible supply of labour needed to meet volatile demand uncertainty for clients, contractors and “[It is] mostly seen in sectors such as generated at a local level. It reduces workers.”27 agriculture, construction, tourism, shortages when activity expands rapidly. textile and domestic work.” Unethical It reduces unemployment among François Crépeau, UN Special recruitment practices, he noted, thrive construction workers when workloads Rapporteur on the Human Rights of in an environment where the prices of plunge. It can help to smooth otherwise Migrants, on abuse and exploitation of goods and services depended on cheap volatile wage rates, reducing financial migrant workers by recruitment agents: labour. “Migrants must understand their rights and be empowered to make decisions.”28 MIGRANTS MUST UNDERSTAND THEIR RIGHTS AND BE EMPOWERED TO MAKE DECISIONS. 12 THIRD-PARTY LABOUR ›› An individual working informally as a workers using the supervisor’s own EXPLOITATION work-finding agent who charges the sublet accommodation. worker for this service. The individual Hidden labour exploitation is the ›› A landlord holding workers in debt may pose as a relative, friend or helpful exploitation of job applicants or workers bondage and controlling their bank interpreter. by third-party individuals or gangs other accounts. than the employer or labour provider. ›› A recruitment consultant who charges ›› An organised gang that traffics workers workers a one-off recruitment or ongoing Business-led, multi-stakeholder initiative and holds them in forced labour. placement fee without the knowledge of Stronger Together lists some examples:29 the labour provider management. ›› A labour sourcing agent who offers ›› An employer supervisor who, without workers to a labour provider or the knowledge of management, makes employer ‘free of charge’. This inevitably selection for work dependent on means the worker is paying a fee.

“Supply chains in the construction sector can be fragmented and complex. Therefore, knowledge sharing and cross- sector collaboration are vital for helping us move towards greater transparency." Eddie Tuttle, Principal Policy and Public Affairs Manager, 453 MILLION The Chartered Institute of Building (CIOB) PEOPLE WORK IN GLOBAL SUPPLY CHAINS.30 RISK: BUILDING MATERIALS 13

Apart from the workers directly involved Companies may unknowingly and Construction Design included that in a construction project, there is a risk of unintentionally be supporting forced construction businesses are at risk modern slavery in the supply chain for the labour in their procurement of materials of non-compliance with ethics laws materials being used. Do the client and due to a lack of transparency in the full encompassing modern slavery, due contractor know where all the materials chain of vendors and suppliers. Recent to a lack of supply chain visibility. The come from, whether they buy them national and international regulations, report stated: “39% of construction themselves or they are purchased by as well as new and evolving technologies businesses across the globe do not or subcontractors? to track supply chains, are changing the do not intend to have a plan in place to landscape (a point elaborated on later in find out who is in their supply chain.”31 There is also a risk beyond the supply this report). chain’s first tier. Who was involved in producing material such as bricks or An April 2016 report by supplier risk windows, all the way back to the raw management company Achilles Group materials used? Ltd findings, highlighted by Building

RISKS FROM PROCUREMENT OF BUILDING MATERIALS AND PRODUCTS

CONTRACTOR/ MATERIALS SUPPLIERCOMPONENT MANUFACTURERS RAW MATERIALS SUBCONTRACTOR for e.g. structure, cladding One or more supply chain tiers of e.g. bricks, timber, rubber glazing, roofing, floors, ceilings, companies making the raw systems and fitments materials into building materials 14 LABOUR: EUROPE

SOURCE COUNTRY: SEVERAL An article in construction industry industry.39 It recommends that DESTINATION COUNTRY: UK magazine Building referred to the UK companies be aware of unscrupulous National Crime Agency’s data from gangmasters who may offer a ready The UK Home Office estimated in 2013, showing that labour exploitation supply of labour at knocked down rates to 2014 that there were 10,000–13,000 was most common in the block paving, contractors, subcontractors and labour potential victims of modern slavery in agriculture, food and construction providing agencies. the UK.32 sectors. In 2013, 53 instances of potential The Union of Construction Allied Trades In the UK, potential victims of trafficking trafficking in the construction sector were and Technicians (UCATT) published are referred in the National Referral reported to authorities.35 But the Home research in 2008 revealing that a Mechanism (NRM). In 2015, the NRM Office said “slavery’s hidden nature dozen workers employed by a dry lining received 3,266 referrals from potential means actual numbers are likely to be subcontractor working on a PFI hospital victims from more than 100 countries, much higher”.36 site in Mansfield, Nottinghamshire, were which was a 40% increase on 2014 In an article by UK Minister for Abuse and being paid a total of £8.80 for a 40- referrals (2,340). For adults and minors, Exploitation Karen Bradley in Building in hour week. Building and Wood Workers labour exploitation was the most October 2015, she said “the construction International reported that they didn’t common type of exploitation people industry was the sixth most prevalent receive overtime, while some workers were trafficked into.33 The report doesn’t sector for labour exploitation reports”. worked more than 70 hours a week and have a more detailed breakdown by She pointed out that, of the estimated took home less than £100. In addition, they sector, but says 48 cases of labour 17,000 businesses that have to publicly were charged excessive deductions for exploitation in the construction sector disclose their anti-slavery efforts under rent, tools and utility bills.40 Also, in a 2011 were reported in 2014, accounting for 5% the Modern Slavery Act, many are in the report, UCATT said that in 2010, the union of the 1,017 cases of labour exploitation construction industry.38 took a case to an employment tribunal in in that year. 12% of the total number of which workers hired to work on another cases were unspecified.34 In 2014 the Home Office published publicly funded hospital building project seven industry fact sheets on modern were being paid just over £4 an hour.41 slavery, including one for the construction EXPLOITATION 15 TYPE37 Female Male Transsexual Unknown Total 2015 Adult – domestic servitude 292 61 0 0 353

Adult – labour exploitation 161 734 0 0 895

Adult – organ harvesting 1 1 0 0 2

Adult – sexual exploitation 813 48 2 0 863

Adult – unknown exploitation 98 73 0 0 171

Subtotal (adults) 1365 917 2 0 2284

Minor – domestic servitude 44 25 0 0 69

Minor – labour exploitation 21 267 0 0 288

Minor – organ harvesting 0 3 0 0 3

Minor – sexual exploitation 184 33 0 0 217

Minor – unknown exploitation type 130 273 0 2 405

Subtotal (minors) 379 601 0 2 982

Total 1744 1518 2 2 3266 16

When HSE International reported on the issue in February 2016, it outlined the case of a 29-year-old man who was a victim of modern slavery in the UK after being promised a job with a monthly wage of The 2015 Trafficking In Persons report by the US State Department £2,000, with food and accommodation included, included this case study: working for a small construction company: “A man approached Bruno turned their documents over to “Locked together in one room in a cold house with outside a homeless shelter in the men’s new bosses instead no heating or lighting, he and the two other young Prague and offered to help him of back to the workers. When men from Hungary were let out only to work. find work and housing in the Bruno arrived at his new boss’s United Kingdom. He even offered house, he was forced, through The days were exhausting, starting at 6am and to lend Bruno money for travel, beatings and threats, to perform not finishing until 11pm, at least five days a week, commiserating he had once construction and factory work, carrying out various bricklaying and painting jobs. received help from a stranger. clean and provide childcare for They were given scraps of cold food to eat and had almost 20 hours every day. He Bruno accepted and travelled only water to drink. Jani [name changed to protect ate one meal each day and was with the man and seven other identity] lost five stone in weight. If he tried to leave, never paid. Bruno eventually fled people from Prague to the UK he was threatened with violence or death.”42 to the Czech Embassy in London, via Switzerland. The recruiter and an NGO helped move him to took everyone’s identification a support shelter in the Czech documents and, once in the UK, Republic.”43 LABOUR: MIDDLE EAST 17

The Kuwait News Agency reported modern slavery in Qatar’s construction Infrastructure projects worth nearly in 2015 that 25 million international industry. A key reason is Qatar being $200 billion are planned for completion migrants – more than 10% of all named in 2010 as the host of the 2022 before Qatar hosts the World Cup.50 international migrants in the world – FIFA World Cup and the large construction The major stadium and infrastructure live in Arab states, according to the projects related to the event. The projects construction projects are being carried International Labour Organisation. go well beyond stadiums to include new out by 40 contractors from Belgium, roads, hotels, an airport (which opened in Malaysia and Qatar among others. They in Many work in construction, agriculture 2014), a metro and a railway system, and their turn use a range of subcontractors and services such as domestic work. a new port, partially to cope with demand and labour providers.51 These jobs tend to be demanding and for raw materials for other projects.46 performed in difficult conditions.44 After accusations of human rights abuses Several NGOS and media outlets have related to the construction industry,52 The ILO has calculated that there investigated the workers’ rights situation, the government of Qatar commissioned are approximately 600,000 cases of resulting in reports exposing abuses. DLA Piper to examine the issue.53 The law forced labour in the Middle East, and These have received a vast amount of firm’s independent review report (May many of them are migrant workers.45 media attention. 2014) said some of the negative global The Guardian reported in March 2016 commentary on the issue of migrant SOURCE COUNTRY: that the number of labourers working workers in Qatar was, in DLA Piper’s SEVERAL, IN ASIA IN PARTICULAR directly on World Cup stadiums in Qatar opinion, factually inaccurate. It recognised DESTINATION COUNTRY: QATAR “increased from 2,000 to 4,000 in the the relevant legislation already in place The Human Trafficking Awareness Index past year and is expected to grow to and the Qatar government’s willingness to analysis presented many news articles on 36,000 in the next two years”.49 engage in the issue.

85-94% OF QATAR'S WORKFORCE IS MIGRANT WORKERS.47 THE 1.7 MILLION WORKERS COME FROM COUNTRIES INCLUDING INDIA, NEPAL AND BANGLADESH.48 85-94% 18 However, it also provided a long list of recommendations for the government to address. One of the key recommendations was “review of and proposals for the modification/reform of the ’kafala’ sponsorship system”because it facilitates that migrant workers “are subjected to forced labour as a direct result [of it]”.54 The kafala system in Qatar was amended in October 2015, but the reforms were criticised, for example by Human Rights Watch, for not going far enough because workers still need their employer’s permission to change jobs or leave the country. This is not in line with international law which states that any individual has the right to leave any country (unless prevented by a court ruling or the like).56 In March 2016, almost two years after the DLA Piper report, Amnesty International published a report called The Ugly Side of the Beautiful Game. Building on Amnesty’s previous work on migrant labour abuse in Qatar, it is based on its 2015 investigation into migrant workers refurbishing the Khalifa International Stadium and landscaping green spaces in the Aspire Zone sports complex surrounding the stadium.57 19

UMESH, a Nepalese man who showed the salary amount, that “I am fed up with living here,” said PAWAN, a Nepalese national was working on the Khalifa it would be paid monthly, and who did work on Khalifa Stadium in April 2015. “All I want is to be Stadium refurbishment when that the contract was for two paid on time and to be treated with respect. But my company Amnesty International met years,” he recalled. But in Qatar did not pay me for four months when I first came to Qatar and him in May 2015, said he paid his actual salary was different. the salary is much less than what I agreed to [in Nepal].” Since a recruiter in Nepal 140,000 “When I first arrived in Doha arriving in Qatar, Pawan has been housed in cramped and rupees (US$1,300) to cover the the company manager took my unhygienic accommodation (which Amnesty International recruitment fee, a mandatory contract and asked me to sign researchers saw during a visit in May 2015).58 health check, the cost of his a paper. I could not understand airfare and a visa to Qatar. “The it, but he explained that my recruiter said I would be paid salary would be 1500 riyals EXAMPLES OF INTERVIEWS around 4,000 riyals ($1,000) ($400) including overtime and per month. He showed me I would get another 250 riyals CONDUCTED BY a basic contract in Nepali; it ($70) for food.”59 AMNESTY INTERNATIONAL (WITH NAMES CHANGED "ALL I WANT IS TO TO PROTECT IDENTITY)BE PAID ON TIME AND TO BE TREATED WITH RESPECT" 20 It reported on cases of passport According to the report, many of the and they’re actually working currently on retention, delayed wages payment and men interviewed said they informed rectifying their situation. Two have not deceptive recruitment (initial salary their employer in Qatar about the been contracted further and they have promises not being met, deceptive job discrepancies in their pay and conditions, been banned from future projects. And descriptions). The report said many but the employer accepted no the fourth one is actually becoming a workers had to pay high recruitment responsibility for the situation.61 model in complying with our standards.”66 fees of US$500–$4,300. If they Amnesty International expressed Dr James M. Dorsey, a senior fellow at were unable to pay the fees, concern that “if abuse on a flagship World the S. Rajaratnam School of International they ended up with often Cup project does not merit investigation Studies, said conditions for workers excessive interest- and action [by the Qatari government], it on World Cup-related projects have bearing recruitment is unlikely abuses that do not attract the improved dramatically as a result loans. “[The loan international spotlight will be dealt with in of workers’ standards adopted by repayments] can an effective manner”.62 several Qatari institutions including the put [the workers] Supreme Committee, but the problem at risk of forced The 2022 Supreme Committee is that those standards have yet to be labour. Workers for Delivery and Legacy, the Qatari incorporated in legally binding national can feel they have body responsible for the World Cup law.67 The 2015 Trafficking In Persons no choice but preparations, insisted it was “committed report by the US State Department to accept lower to ensuring the health, safety and reported that the Qatari Ministry of wages than they well-being of every worker on World Labour and Social Affairs blacklisted 200 were promised, poor Cup projects”.63 It argued that Amnesty companies for breaking the provisions conditions and other focused on just four of the 40 companies of the labour law, in comparison with ill-treatment because they working on the Khalifa stadium, and by 2,000 the previous year, which remained have large loans to pay off.” doing so painted a misleading picture of blacklisted. In addition, it blacklisted 14 Workers were prevented from leaving the overall situation.64 The committee manpower agencies in Qatar’s capital, the country and threatened. All of the said the situation “was already rectified Doha, and 55 manpower agencies in described practices are prohibited under more than half a year before Amnesty Nepal.68 Qatari law. Accommodation provided International first contacted us about to the workers was also reported to be the matter”.65 Its head said in an interview inadequate: “cramped, unclean and with CNN: “One [company] has been unsafe”.60 banned until they rectify their situation In its report, Amnesty International also An International Labour Organization of implementation of the very labour 21 charged FIFA with persistent failure to (ILO) delegation visited Qatar in March reforms Qatar has yet to produce”.75 The conduct proper due diligence to identify 2016 to investigate work conditions UAE’s efforts include reforms of its kafala and address human rights risks in Qatar, following complaints that the nation was system, in line with the reforms Qatar has in line with the UN Guiding Principles on engaged in systematic rights abuses been demanded to make.76 Business and Human Rights. It pointed out and human trafficking.72 The Guardian As The Huffington Post points out: “Qatar the failure both prior to awarding the World reported that, based on the delegation’s became the only Gulf state to work with Cup to Qatar and subsequent human findings,“Qatar was given 12 months its critics rather than imprison them or rights abuses exposed by the media, NGOs to end migrant worker slavery or face bar them entry to the country as most and trade unions.69 The New Day reported a possible UN investigation that could of the region’s other countries continue that FIFA’s head of sustainability, Federico see it become the fifth country to face a to do.” However, “the mounting pressure Addiechi, responded to Amnesty’s report, formal inquiry by the ILO”.73 Establishing threatens to erase [the] considerable saying: “While FIFA cannot and indeed a commission of enquiry is one of the goodwill that Qatar built” as it is holding out does not have the responsibility to solve all ILO’s most powerful tools to ensure the promise of significant labour reform.77 the societal problems in a host country of compliance with international treaties. It a FIFA World Cup, FIFA has taken concrete has established only 13 such commissions In April 2016, The Guardian reported action and is fully committed to do its in its century-long history.74 that two of the UK’s largest construction utmost to ensure that human rights are companies had been accused of several The Huffington Post reported that “the respected on all FIFA World Cup sites and migrant worker labour abuses regarding ILO warning rings stark as the United operations and services directly related workers employed on large-scale projects Arab Emirates, Qatar’s main competitor, to the FIFA World Cup.”70 In April 2016 in Qatar operated by companies the UK steps up efforts to become the FIFA stated that, following its request, an businesses co-own.78 region’s prime sports hub, on the back independent report by Harvard Kennedy School professor John Ruggie had been published to help strengthen FIFA’s “Qatar has the financial means to make the real reforms [and] ensure safe work institutional approach to human rights, and decent wages, and the international community is ready to help when the including the ongoing development of a government finally shows that it is serious. That day has yet to come, but the new “FIFA Human Rights Policy”. Ruggie is well- ruling from the ILO should hasten Qatar’s realisation that the world will only be known for his leading role in developing convinced by real change, not by public relations exercises.”79 the UN Guiding Principles for Business and Sharan Burrow, general secretary, International Trade Union Confederation Human Rights (UNGPs).71 22

“I worked for five months, but I wasn’t paid CNN even once,” he said. Rim said he and his fellow North Koreans worked long days toiling on a REPORTED construction site [in Kuwait] with little break in between shifts. Living in an abandoned school under tight security, he said they were ON RIM IL'S forced to watch a documentary about then- leader Kim Jong Il during their only night off. STORY IN He said he felt like a slave. 80 Rim eventually managed to escape to the MAY 2015 South Korean Embassy.81 LABOUR: AMERICAS 23

SOURCE COUNTRY: INDIA In February 2015, after a four-week US, whereas guest worker visas permit DESTINATION COUNTRY: trial, Signal was found guilty of labour entry only on a temporary basis. UNITED STATES trafficking, fraud, racketeering and ›› US$1,050 per month was deducted discrimination. Its co-defendants, a New One of the largest labour trafficking cases from the workers’ wages for unsanitary Orleans immigration lawyer and an India- in US history took place in 2015. accommodation in guarded labour based recruiter, were also found guilty.83 camps where up to 24 men were Alabama-based marine construction forced to live in 1,800-square-foot company Signal International builds large THE WORKERS’ SITUATION:84 (167-square-metre) units. The ocean structures such as offshore drilling ›› The workers had to pay accommodation deductions, rigs, floating production units and barges. a US$10,000–$20,000 as well as other deductions As The Guardian reported, hurricanes recruitment fee even though such as for the cost of Katrina and Rita severely damaged Signal such fees are prohibited in the tools, allegedly caused International’s operations. The company US. the workers’ wages to recruited about 500 skilled workers, fall below the then- including pipefitters, welders and ›› They were promised a minimum wage construction workers, from secure, well-paying job requirement of India under a guest and pathway to green US$5.15 per hour.85 worker visa program cards allowing to repair and work permanent at its facilities residency and in Texas and work in the Mississippi.82 THE WORKERS HAD TO PAY A US$10,000-$20,000 RECRUITMENT FEE. 24 THE COMPANY’S PROFITS FROM ›› The Southern Poverty Law Center According to Law360, the US$20 FORCED LABOUR:86 reported that, after the Feb 2015 New million settlement also required Signal Orleans verdict, and facing 11 other to issue an apology to the workers it ›› The company avoided an estimated similar lawsuits, Signal International exploited. When one of the many lawyers US$8 million in labour costs as a result publicly stated its intention to file for representing the workers was asked why of using the guest worker visa scheme. bankruptcy. The filing included a US$20 an apology was important to the plaintiffs, ›› The company made more than million settlement for all 12 lawsuits he said his clients had been clear that the US$730,000 in one year for the representing more than 200 workers, case was about much more than money workers’ accommodation. and court approved the settlement. for them.88 In September 2015, Signal International acknowledged it had been ›› Following a federal, race and national FINANCIAL RESULT LAWSUITS:87 “wrong in failing to ensure that the guest origin discrimination lawsuit filed by the workers were treated ›› Five trafficked men were awarded US Equal Employment Opportunity with the respect US$14 million in compensatory and Commission against Signal regarding and dignity they punitive damages. this matter, Signal settled for an deserved”. 89 estimated US$5 million to be paid to ›› Signal was ordered to pay US$12 million 476 Indian guest workers. The EEOC and its co-defendants were ordered to alleged that the working and living pay US$915,000 each. conditions of the Indian men were unfavourable compared to other, non-Indian workers.

Aimed at businesses exploiting workers: “You could end up in the same situation where you’re filing bankruptcy, and paying a lot of money to defend lawsuits that you ultimately end up losing.”90 Jim Knoepp, deputy legal director, Southern Poverty Law Center LABOUR: AFRICA 25

LABOUR-SOURCE COUNTRY: BRAZIL million reais (US$13 million) in damages. conditions incompatible with human DESTINATION COUNTRY: ANGOLA dignity, and had their freedom curtailed, The issue was first brought to the being deprived of their right to come Global Construction Review reported attention of prosecutors by a series of and go”.95 Odebrecht didn’t provide the in September 2015 that the largest reports by the BBC’s Brazilian service proper visas required and confiscated construction company in Latin America, about a series of lawsuits filed against the workers’ passports. The men were Odebrecht Group, based in Brazil, had the Odebrecht Group in a small Brazilian forced to stay in unsanitary work camps been convicted by a Brazilian labour town where many of the workers were and their ability to leave was blocked by court of holding Brazilian workers in slave- recruited.93 A report in International armed guards, even on rest days.96 like conditions at a construction project Oil Daily said the 500 Brazilian workers in Angola.91 Odebrecht has been working were improperly lured to jobs in Angola. Even though many of the abuses were in Angola since 1984 and is considered On arrival, they were forced to work on carried out by third parties, the court ruled to be the biggest private employer in the the construction of an industrial plant.94 Odebrecht was ultimately responsible country, with some 20,000 workers.92 The prosecutors said the workers for the project and benefited from the The judge ordered Odebrecht to pay 50 were “subjected to degrading working abuses, Pretoria News reported.97 LABOUR: ASIA

LABOUR-SOURCE COUNTRY: The UN Special Rapporteur on Human mainly in the mining, logging, textile and NORTH KOREA Rights in North Korea, Marzuki Darusman, construction industries.99 DESTINATION COUNTRIES: reported in September 2015 that as The report says “the vast majority are SEVERAL, INCLUDING CHINA, RUSSIA many as 50,000 North Koreans had been currently employed in China and the AND COUNTRIES IN AFRICA, ASIA, sent abroad by the Democratic People’s Russian Federation. Other countries EUROPE AND THE MIDDLE EAST Republic of Korea government to work where workers operate reportedly (STATE-LED) under conditions that amounted to include Algeria, Angola, Cambodia, forced labour.98 He said the number was Equatorial Guinea, Ethiopia, Kuwait, Libya, rising and that they were being put to work 26 Malaysia, Mongolia, Myanmar, Nigeria, Workers get little pay themselves – The UN Special Rapporteur warned that Oman, Poland, Qatar and the United US$120–$150 a month. Darusman’s companies hiring the workers “become Arab Emirates”.100 North Korean workers report says the North Korean government complicit in an unacceptable system of are being exported to 40 countries, earns annually US$1.2 billion–$2.3 billion forced labour”.104 according to a report by the Slaves to the from the workers’ salaries.102 As the Several media sources reported that System Project at Leiden Asia Centre, Leiden Asia Centre report points out, Darusman praised the decision of to earn much-needed hard foreign “the problem with such an estimate is a construction company in Qatar in currency. 101 that it is not based on hard data and May 2015 to dismiss 90 North Korean empirical evidence, but primarily on workers (nearly half of the workforce witness testimonies and information employed) for alleged repeated reinforced and exaggerated in the violations of domestic labour legislation. echo chamber of the international According to the company, “supervisors media”.103 Nonetheless, responsible for the well-being of their even with statistics workers have been continuously forcing undefined, it is clear them to work more than 12 hours a day. that the North Korean The food provided to their workforce is government systematically below standards. Site health and safety uses forced labour procedures are ignored regularly.”105 by deploying citizens overseas.

… as many as 50,000 North Koreans had been sent abroad by the Democratic People’s Republic of Korea government to work under conditions that amounted to forced labour. PROCUREMENT: MATERIALS AND 27 PRODUCTS USED IN CONSTRUCTION

Labour on construction sites isn’t the only element at risk of modern slavery in the construction industry. The materials and products used in construction each have their own supply chain and associated risk. In any building there are thousands of different elements that go into the structure, cladding, glazing, roofing, floors, ceilings, systems and fitments. This section gives some examples of often-used construction materials that have been reported on in the media due to forced or bonded labour issues. “In all likelihood the majority of the goods and products sold in the US are linked to some sort of slavery or trafficking.” “The modern-day business is able to procure goods and services on a global basis thanks to ever-increasing levels of international development Patricia Jurewicz, founder and director, and improvements in connectivity across the globe. However, as the Responsible Sourcing Network107 geographic horizons of supply chains expand, the risks they face increase exponentially in both size and reach. Supply chains are now exposed in ways industry would have struggled to imagine in the past. An event that would have, 50 years ago, only affected a limited range of businesses may now lead to consequences in diverse and unexpected locations.”106 Roger Bickmore, group strategic development director, Tokio Marine Kiln 28 BRICKS function in India and said the way the helping their parents load bricks into the sector operated, promoted bonded furnace. They are also forced to turn the A 2016 report by NGO Verité identified labour and debt bondage. It described bricks throughout the day as the bricks bricks as one of 43 of the world’s most the process: “Workers engaged in kilns are being dried in the sun. In one of the important primary commodities. Its are not paid a monthly wage; instead cases from 2015, a 5-year-old was asked analysis, based on a range of globally payments are made on per brick to turn the bricks dried in the sun, every recognised data, showed that bricks from production. The piece-rate wage method day, for which she was not paid anything 21 countries are produced with forced is not commensurate to the value of at all.”112 labour and/or child labour. These include labour input and is barely sufficient for two of the top three countries that export International Business Times reported subsistence living. Due to low wages bricks worldwide: China (first place) and in January 2014 about a case in which and poverty, most workers take loans India (third place).108 contractors cut off the hands of two from employers/owners. Once the loan workers in the eastern Indian state of Andrew Brady, director of Union Solidarity is taken, workers lose control over their Odisha simply because they tried to International, said: “The scale of forced conditions of employment and usually leave.113 and child labour in the brick kilns of have no idea until the end of the season India is of epidemic proportions. Simply how much they are entitled to put, cheap bricks means cheap office receive, or if they still owe the loan buildings on the back of blood bricks and and are servicing their debt. There slave labour.”109 Humphrey Hawksley is also an interest component to "IN ONE OF THE CASES reported for the BBC in 2014: “The bricks loan disbursed, which inflates FROM 2015, are used to build offices, factories and the debt rate. The loan/ call centres, the cityscapes of a booming advance contract, oriented economic miracle, and more and more, towards kiln owners’ profit, A 5-YEAR-OLD these buildings are used by multinational restricts workers’ mobility, WAS ASKED TO TURN companies with a global reach.”110 forcing them to continue working in the kiln.”111 THE BRICKS DRIED IN THE An article in Daily News and Analysis India said brick kilns employed more The International Justice SUN, EVERY DAY, FOR than 5% of India’s 473 million workers. It Mission said about bonded WHICH SHE WAS NOT referred to the 2014 estimate of Labour labour in Indian brick kilns: File that 50,000 to 100,000 brick kilns “Children are working in PAID ANYTHING AT ALL." hazardous conditions In Pakistan debt bondage is well- community manager at Achilles, said companies, construction companies and 29 established. Debts are being passed on in an article for Building Construction charcoal producers.120 from generation to generation and from Design: “Only through auditing the In 2003 the Brazilian government one brick kiln to another.114 A Pakistani supply chain thoroughly and rigorously launched a “dirty list” that publicly named newspaper reported in May 2016 that checking supplier details through every companies that had been fined over the 49 workers were freed from a brick kiln tier will construction companies be truly previous two years for using slave labour. where they had been working in inhuman confident of ethically sourced materials Companies on the list weren’t able to conditions. They were forced to try or not falling foul of legislation. When it obtain credit from state-backed banks, to produce impossibly vast amounts comes to ethically sourced timber, each and sales of their products were restricted of bricks and did not receive even the log is coded so buyers know they have because the more than 400 Brazilian minimum wage. Parents were forced to sourced their materials from a legal and companies that signed the National Slave engage their children in the work, women well-managed forest.”117 Eradication Pact would boycott dirty list were humiliated, and the owner allegedly Few media reports can be found on companies.121 Showing the impact of the physically abused people, including this topic. The Buenos Aires Herald list, the founder of Repórter Brasil said in children.115 reported in February 2016 that in the an article in The Guardian that “the day period May 2013 to May 2015, 340 news broke that labour inspectors had TIMBER Brazilian companies were fined by Brazil’s discovered slave labour in its suppliers’ Since 2005 the United States Ministry of Labour for “using ‘slave labour’, workshops, shares in the Spanish clothing Department of Labour has maintained a including forced labour and people giant Zara fell by almost 4% on the Madrid list of goods and their source countries working in degrading conditions for little Stock Exchange”.122 which it has reason to believe are or no pay”.118 This information was based In 2014 the Brazilian Supreme Court produced by child labour or forced labour on the Transparency List of Slave Labour ordered the suspension of the release in violation of international standards. in Brazil published by NGO Repórter of the blacklist by the Ministry of Labour The most recent report, published in Brasil and the Institute of the National to the public, following a lawsuit filed by December 2014, contained 136 goods Pact for Eradication of Slave Labor the Brazilian Association of Real Estate from 74 countries.116 Timber from Brazil, (InPACTO), drawn up following a freedom Developers, which represented many Peru and North Korea are on the list of information request for the data on of the organisations on the list.123 The linked to forced labour, and timber from employers charged with using labour Transparency List of Slave Labour in Brazil Cambodia is linked to child labour. characterised as analogous to slavery.119 is the NGO’s answer to the suspension. The list includes sweatshops producing Lee Brunsden, building confidence clothes, farms, cattle ranches, timber 30 OTHER RAW MATERIALS The US State Department launched the high risk of forced and child labour. The online Responsible Sourcing Tool in May tool is based on the department’s annual Other materials relevant to construction 2016. This is a heat map that provides the Trafficking In Persons report data and which have been identified by the US option to choose the sector (including data from the US Department of Labour State Department and NGO Verité as construction) and/or commodity the List of Goods Produced by Child or produced with forced or child labour are user is interested in. It visually identifies Forced Labour.124 listed on the map below. commodity sourcing countries with a

Indonesia Cambodia

Liberia Burma North Korea

Bangladesh Sierra Leone Benin Guatemala Nicaragua Philippines Nigeria

Rubber Cement GlassGranite Gravel Iron GLOBAL STANDARDS ON BUSINESS 31 AND HUMAN RIGHTS

UNITED NATIONS ›› State Duty to Protect: the state duty GUIDING PRINCIPLES to protect against human rights abuses by third parties (including businesses); Since June 2011, the United Nations a duty that envisages that governments Guiding Principles on Business and will develop policies and rules to Human Rights (UNGPs) have become regulate business conduct in relation to the global authoritative standard for human rights. preventing and addressing the risk of adverse human rights impacts linked to ›› Responsibility to Respect: the business activity. Although not legally corporate responsibility to respect binding, the UNGPs formulate the human human rights; a responsibility for rights responsibilities of business. They companies to avoid infringing the rights apply to all internationally recognised of others and to address any adverse human rights, and elaborate on the human rights impacts that occur as a “Businesses implications of existing standards and result of their corporate activity. practices for states and businesses, should uphold ›› Access to Remedy: the need for including points covered in international greater access by victims to effective the elimination of and national law. remedy; a responsibility of both all forms of forced Companies can use the UNPGs states and companies to facilitate and compulsory framework to tackle modern slavery as access to mechanisms, judicial and part of their wider human rights strategy. non-judicial, to identify and address labour.” business-related human rights abuse The UNGPs are based on the three- and provide effective redress for the pillar Protect, Respect and Remedy victims. framework, which encompasses:125 32 UNITED NATIONS GLOBAL COMPACT The United Nations Global Compact “Take immediate and effective measures to eradicate is a voluntary initiative based on CEO commitments, to encourage businesses forced labour, end modern slavery and human around the world to adopt sustainable trafficking, and secure the prohibition and elimination of and socially responsible policies, to the worst forms of child labour…” take steps to support UN goals and to report on implementation.126 By signing, businesses commit to aligning SUSTAINABLE DEVELOPMENT GOALS OECD GUIDELINES FOR their operations and strategies with MULTINATIONAL ENTERPRISES 10 universally accepted principles The Sustainable Development Goals in the areas of human rights, labour, (SDGs) follow and expand on the The OECD Guidelines for Multinational environment and anti-corruption. Millennium Development Goals (MDGs). Enterprises (MNEs) are a comprehensive Principle 4 of the Global Compact They were adopted in 2015 at a UN set of government-backed is: “Businesses should uphold the summit as a new, universal set of goals, recommendations (voluntary principles elimination of all forms of forced and targets and indicators that UN member and standards) on responsible business compulsory labour.”127 UN Global states will be expected to use to frame conduct, including in areas related to Compact and the Royal Institute of their agendas and political policies in the modern slavery. They were adopted in Chartered Surveyors published a 2016–2030 period.130 1976, and updated in 2011 to align them Best Practice Toolkit for the Land, with the UNGPs. Governments adhering SDG 8.7 is relevant to private sector Construction and Real Estate Sector in to the guidelines aim to encourage and engagement in modern slavery: “Take June 2015.128 maximise the positive impact MNEs immediate and effective measures to can make to sustainable development eradicate forced labour, end modern The UN Global Compact differs from and enduring social progress.132 The slavery and human trafficking, and secure the UNGPs. The UN Global Compact is Institute for Human Rights and Business the prohibition and elimination of the a membership scheme and companies and the OECD National Contact Point worst forms of child labour, including signing up the UN Global Compact are in the UK organised a workshop for the recruitment and use of child soldiers, and not automatically applying the standards construction industry in April 2016 at by 2025 end child labour in all its forms.”131 designed by the UNGPs to prevent which modern slavery issues were a companies from violating human rights in focus.133 the course of their activities.129 forecasted that, for organisations that 33 STATE DUTY TO PROTECT: THE would become subject to the reporting requirements under the Modern Slavery ROLE OF GOVERNMENTS IN Act, the issue of preventing modern slavery in supply chains is set to become REGULATION AND LEGISLATION a compliance and public relations challenge. “Given the global nature of the UK MODERN SLAVERY ACT 2015 construction sector, the Act is likely to “One thing is clear: No nation can end have knock-on effects throughout the Section 54 of the UK’s Modern Slavery modern slavery alone. Eliminating global supply chain, and although larger Act 2015 is the transparency in supply this global scourge requires a global companies will be subject to the reporting chains provision. It requires commercial solution. It also cannot be solved requirement, suppliers of any size should organisations operating in the UK, with an by governments alone. The private take note, as they will undoubtedly come annual turnover of £36 million or more, sector, academic institutions, civil under pressure to ensure their own to prepare an annual statement on the society, the legal community and supply chains are in order.” steps the company has taken, if any, to consumers can all help to address the ensure slavery and human trafficking is This forecast has become reality already factors that allow human trafficking not happening in its own business and because disclosed anti-human trafficking to flourish. But governments have a supply chains. The statement must be and slavery statements have already special responsibility to enforce the approved by the board of directors (or been subjected to public scrutiny. An rule of law, share information, invest equivalent management body) and example are the reports published in judicial resources and espouse signed by a director (or equivalent), by Ergon Associates, analysing the policies that urge respect for the rights and published on the homepage of the first 100 (in March 2016) and nearly and dignity of every human being. 137 website of the commercial organisation 240 statements (in May 2016). They Human trafficking is not a problem or provide a link on the homepage to the showed that many of the statements are to be managed; it is a crime to be statement.135 Companies with a financial not compliant yet and the information stopped.”134 year end of 31 March 2016 will have to provided is reason to raise questions John F. Kerry, US Secretary of State publish their statement.136 about the strategies in place to mitigate the risks of modern slavery in the Brett Hartley, senior associate at Clyde companies’ operations and supply & Co, wrote an article in Building before chains. Reputational risk due to negative the Act came into effect In which he attention from customers, activists, 34 shareholders, investors, trade unions for an injunction requiring an organisation and civil society is expected to prove an to prepare a statement.140 As Al Jazeera “It’s an additional burden, but one effective incentive for compliance.139 reported: “The government hopes whose underlying purpose can hardly that companies will do more [than just be questioned.”142 The measures in the Act are not directly producing a statement] and create a ’race Christopher Tutton, partner at law firm Irwin Mitchell punitive, other than the secretary of state to the top’, encouraging transparency and being able to commence proceedings competition to drive up standards.”141

The UK Modern Slavery Act 2015 came into force in October 2015 and has wide application in the construction and property "ONE THING industries. Monday Business Briefing reported in April 2016 on the implications IS CLEAR: NO of the Act for the construction industry and pointed out that the effects on companies that have large supply chains, NATION CAN such as a developer on a major construction project, will be far-reaching. It also stated: “Businesses need to consider what steps to END MODERN take in early negotiations and/or tendering processes and whether to include wording SLAVERY in commercial agreements that have a connection with a supply chain which prohibit the use of forced or trafficked labour.”138 ALONE" UNITED STATES LAW brief by Know The Chain in September employees any recruitment fees.153 35 2015 even found that 31% per cent of the CALIFORNIA BAN ON IMPORTED GOODS 500 companies sample they analysed The California Transparency in Supply had a disclosure statement available President Barack Obama put in place Chains Act was signed into law in that was in compliance with all the another measure against modern October 2010 and came into effect in requirements of the California law.148 slavery by by signing into law the Trade January 2012.143 It requires retailers and Development International found that Facilitation and Trade Enforcement Act in manufacturers with an annual global enforcement by the state is lacking.149 February 2016. The Act bars the US from turnover of more than US$100 million However, they reported progress: in April importing a long list of items produced that do business in California to disclose 2015 the California Department of Justice by forced or slave labour, closing a their efforts to combat slave labour in began, for the first time, to send letters loophole in the 1930 Tariff Act.154 The their supply chains.144 This law was the to companies regarding compliance with Independent reported that “previously first of its kind, and significant because the Act.150 US customs laws which banned imports California has the eight largest economy produced by forced or child labour went FEDERAL CONTRACTS in the world.145 Whilst the California ignored due to ‘consumptive demand’, Transparency in Supply Chains Act can In January 2015, US Federal Acquisition which meant that imports were allowed be seen as the predecessor of the UK Regulation was issued to implement if there was not sufficient supply to meet Modern Slavery Act they differ on a Executive Order 13627, Strengthening domestic demand.”155 According to number of grounds.146 Protections Against Trafficking in Persons PricewaterhouseCoopers, “the legislation in Federal Contracts. This regulation is expected to affect imports of 136 A 2016 report by non-profit group prohibits an estimated 300,000 goods from 74 countries, including fish, Development International found that the contractors and many thousands of garments, electronics, toys, minerals California Transparency in Supply Chains subcontractors from engaging in forced and precious metals, and building Act hasn’t made a big impact in its first labour and human trafficking activities, materials”.156 four years. It identified 2,126 potentially and requires them to take additional qualifying companies, of which 1,325 FORTHCOMING LAW IN OTHER steps to prevent a violation.151 Monday (62%) had a pertinent statement. The COUNTRIES Business Briefing highlighted that the benchmarking report showed that only prohibited modern slavery activities also More countries, including France and 14% of the identified companies comply exist within many national supply chains Switzerland are attempting to pass with the Act i.e. disclosure compliance in which contractors work.152 The new legislation on transparency in supply and affirmative corporate conduct.147 A regulation includes a ban on charging chains and modern slavery. 157 36

Ending human trafficking is one of President Obama’s top priorities. As he said three years ago to survivors of human trafficking: “To the millions around the world, we see you. We hear you. We insist on your dignity. And we share your belief that, if just given the chance, you will forge a life equal to your talents and worthy of your dreams. That’s why we’re here: to ensure that everyone can forge a life equal to their talents and worthy of their dreams.”158 US President Barack Obama CORPORATE RESPONSIBILITY TO RESPECT: 37 THE ROLE OF CONSTRUCTION COMPANIES

bolted onto a CSR [corporate social “The industry has a moral duty responsibility] report. Contractors “We encourage every business in the not to collude in the exploitation of should be prepared to open their supply UK to be proactive about mitigating vulnerable people. Clients and principal chains up to independent scrutiny. The the risks of modern slavery in their contractors should take a responsible process will not always be comfortable, own operations and supply chain. attitude to exploitation, even if they are but it will be an essential catalyst for Following our consumer goods industry not obliged to do so contractually. It’s driving genuine change.”160 guidance, Stronger Together and the being done in their name, after all.”159 Chartered Institute of Building (CIOB) The business-led, multi-stakeholder Chris Blythe, chief executive of the are developing good practice guidance initiative Stronger Together has Chartered Institute of Building for the construction sector. It is aimed developed six steps for businesses to at staff occupying a corporate social implement the UN Guiding Principles on responsibility, human resources, Construction companies of any size can Business and Human Rights regarding procurement, social compliance or take steps to mitigate the risks of modern tackling modern slavery:161 slavery, on their own sites and operations, risk management role, and includes and in their supply chains. This includes 1. Commit a pragmatic toolkit and supporting internal measures as well as joint, workshops which will be launched later industry-wide action. 2. Assess this year.” David Camp, Programme Lead, Stronger Together The Chartered Institute of Building 3. Act says in its report The Dark Side of Construction: “[Viable and effective 4. Remedy The Dhaka Principles, developed by frameworks and assurance schemes] the Institute for Human Rights and should be a central part of the business, 5. Monitor Business, provide a clear framework not something that is arbitrarily for the responsible recruitment and 6. Communicate employment of migrant workers. 38 However, most of the principles are A good example of a relevant “Partnerships help us to respond to the relevant to domestic workers as well.162 public-private sector initiative is the challenge of unethical recruitment more International Recruitment Integrity effectively. Partnerships are needed to Human Rights Watch’s Guidelines System (IRIS), which is being developed address the complexity of the issues for a better construction industry by the International Organisation for and the confluence of jurisdictions, in the Gulf Cooperation Council Migration (IOM) and the International intermediaries and interests. No one countries, published in 2015, provide Organisation of Employers with like- group on its own can solve the problems specific guidance on human rights for minded partners. IOM director William associated with unethical recruitment construction companies working in Lacy Swing said: “[This will be] a voluntary practices. Governments need to do that region, including preventing forms multistakeholder certification system. more to regulate recruitment activities. of modern slavery. They address the The IRIS initiative will enable employers However, government regulation alone importance for companies to inform and brands to make better-informed isn’t enough. Companies, too, have an workers on their sites about their decisions about the procurement of obligation to respect the rule of law and rights and to facilitate measures to recruitment services. Companies can to ensure that workers throughout their allow workers to discuss work-related thereby mitigate the risk of introducing supply chains are recruited fairly.”164 matters.163 links to labour exploitation and human trafficking in their operations.

“The construction / engineering sector faces many challenges in ensuring the rights of its workforce are respected. Increasing the knowledge base, proper engagement with civil society organisations, due diligence within their own operations and collaboration with others are key to delivering a sustainable future for the industry.” Neill Wilkins, Programme Manager – Migrant Workers and Work With Dignity, Institute for Human Rights and Business 3 39 THE DHAKA Policies and 2 procedures are 4 PRINCIPLES inclusive No migrant workers’ passports or All migrant worker identity documents contracts are clear are retained and transparent

1 No fees are 5 All workers are Wages are paid charged to treated equally and regularly, directly migrant workers without discrimination and on time CORE PRINCIPLE A CORE PRINCIPLE B Freedom to change All workers enjoy the employment is protection of respected, and safe, The right to worker employment law timely return is representation is 10 guaranteed respected 6

Access to remedy Working is provided conditions are safe and decent

Living conditions 9 are safe and 7 decent 8 40 KEY ELEMENTS FOR CONSTRUCTION COMPANIES IN TACKLING MODERN SLAVERY

working on modern slavery will require the issue across the business and supply “The Chartered Institute of Building long-term commitment. The article chains. Existing policies such as human has been working with industry and states the importance for companies rights, health and safety, supply chain and NGOs for the past two years to raise to collaborate with their suppliers to purchasing policies should be reviewed awareness of modern slavery. This minimise risks, but also to collaborate and updated to include anti-slavery year, we are launching an anti-slavery with each other. “The overlapping nature commitments, or new policies should be toolkit with Stronger Together which of construction supply chains provides developed. provides a framework for training and opportunities for companies to create A strategy to communicate with education. By acting together, and joint approaches which will tackle modern subcontractors, labour providers and gaining critical mass, we believe that slavery at a sector-wide level. The suppliers of materials about the policies, we can make a lasting difference.” challenge of eliminating modern slavery and train them in how to implement Eddie Tuttle, Principal Policy and Public Affairs from the industry is one we all need to them, will be required. In its Guidelines for Manager, The Chartered Institute of Building (CIOB) take on.”165 a better construction industry in the Gulf Cooperation Council countries, Human POLICIES AND PRACTICES TRANSPARENCY Rights Watch reiterates the importance Depending on the size and structure of making a public commitment to When addressing modern slavery risks of a business, it is likely that a range of upholding workers’ rights.166 Companies Building related to labour, reported in departments or staff members should could consider collaboration with other December 2015 that getting to grips with be involved in order to develop and construction companies working with the the supply chain and understanding implement anti-slavery plans to address same companies in their supply chains. where the labour is coming from is key. all risks. This includes staff responsible Policies should be supported by due “Mapping a company’s operations will for recruitment, procurement, technical, diligence to monitor compliance. Setting help identify where the material risks are sustainable and ethical sourcing, social clear targets and key performance and who to collaborate with to prevent compliance and risk management. indicators is important. Monitoring by forced labour.” A risk assessment will help Resources should be allocated to tackle with making decisions on priorities, as independent parties is recommended.167 Whistleblowing mechanisms to report Any criminal activity should be reported 41 risks and incidents of modern slavery at to the relevant authorities. site level should be established as well.168 REMEDIAL MEASURES ADDRESSING POOR COMPLIANCE It is recommended to put a process Companies need to put a plan in place in place for when victims of modern for what they will do when they find slavery are being found in a company’s poor compliance with labour standards, operations or supply chain. Elements to including incidents of modern slavery consider are victim support e.g. housing, in their supply chain. Some advocates psychological support and worker suggest that companies should end compensation. contracts with offending subcontractors, labour providers or suppliers. But others COMMUNICATION ON PROGRESS point out that this doesn’t solve the It is valuable for businesses to report problem; the exploitation of the workers both internally and publicly on the steps will continue. They encourage companies they have taken and are planning to to work with their subcontractors, labour take regarding tackling modern slavery. providers and suppliers to address the “The increased developments in Stakeholders want to be informed and issues.169 An issue that has been raised, mandatory disclosure on human benchmarking is increasing with new especially by smaller companies, is rights and human rights due diligence initiatives such as the Corporate Human the lack of ethical and cost-effective reflects the shift in society for greater Rights Benchmark and KnowTheChain. alternatives with regard to labour, as transparency and accountability from well as sourcing building materials.170 companies. The challenge is whether Considering collaboration within the companies will be prepared to use sector could provide solutions. these changes as an opportunity to build resilient companies and supply chains or whether, in response to the A risk assessment will help with making decisions legal and voluntary frameworks, they on priorities, as working on modern slavery will merely seek to tick another box.” Colleen Theron, director, CLT envirolaw will require long-term commitment. 42 ›› SOURCING: Building Research Establishment (BRE) provides ADDITIONAL GUIDANCE a framework standard for responsible sourcing: Responsible Sourcing of Construction Products - BES 6001.171

“Labour exploitation highlights the worst traits ›› CONTRACTORS: the Danish Institute of the human race. It ›› DESIGNERS: in 2015 Responsible Solutions for Human Rights developed the promotes the misery of published an ethical sourcing guide Human Rights Compliance Assessment the vulnerable in order to specifically for designers in the construction Tool: Contractors and Supply Chain.173 maximise the profits of industry. It includes an overview of the few. The construction certifications and standards that are sector recognises this relevant to preventing modern slavery.172 and through the power of collaboration, the supply chain school has ›› PROCUREMENT: in addition to modern slavery ›› AUDITORS AND AUDIT managed to harness the briefing sheets related to the UK Modern Slavery READERS: in March 2016 more positive aspects of Act (e.g. relating it to the 2014 Immigration Act), the Sedex launched, with Stronger the human spirit in terms Supply Chain Sustainability School has produced Together, of working together and Guidance on procurement guidance on how to address the tries passionately and in Operational Practice and issues relating to modern slavery through everyday

earnest to help individuals Indicators of Forced Labour procurement activities and has been specifically for auditors and audit readers, and organisations make a written for the construction, facilities management, on how to spot the signs of difference no matter how infrastructure, homes and off site sectors.174 big or small.” actual, likely or possible cases Helen Carter, Sustainable of forced labour. The guide Procurement Consultant, Supply seeks to tackle the issue of Chain Sustainability School and Action Sustainability modern slavery and forced ›› STANDARD: BRE has labour being under-reported developed an ethical at audit.175 labour standard for the construction sector.176 43 “We, as building professionals, should use our unique positions to support [human rights] groups and help influence stronger legislation, and to utilise the contract process to make sure the health and living standards of construction workers are respected.”177 Cameron Sinclair, co-founder of Architecture for Humanity and the Open Architecture Network CHANGE AHEAD: OTHER STAKEHOLDERS

THE ROLE INVESTORS CAN PLAY approximately US$70 million.”179 want to know deeply how they operate.” She said transparency is “essential for The Financial Times reported in May The briefing also refers to another case a good assessment of risk-adjusted 2016 that investors are having to take in the US in May 2016, in which a US returns”.182 notice of the 2015 UK Modern Slavery company was accused of importing an Act. It clarifies that, although there are ingredient made by forced labour from CIVIL SOCIETY’S ROLE no direct legal risks, investors have a China.180 Although the US company reputational risk when a company in their released a statement disputing the The UK Independent Anti-Slavery portfolio is found guilty of modern slavery allegations, but also mentioning that Commissioner, Kevin Hyland, warned in in its business or supply chains. Also, the “there could be some impact on sales an article in The Guardian in September operational and financial consequences and profit in the current financial year”. 2015 that “there is insufficient awareness for the company found guilty of such According to the briefing, shares in the US of the presence of slavery in the UK practices could reduce profits, which company dropped by 10% on release of among both consumers and the police”. would have an impact on investors.178 the statement.181 He called on consumers to act on With regard to the Signal case addressed feelings of unease about construction Erika Karp, founder and CEO of earlier in this report, the investor briefing workers working long hours without Cornerstone Capital, a financial service published by ShareAction and Know The sufficient safety gear. firm, said in an article in The Guardian in Chain in June 2016 said: “The pension January 2016 that transparency in supply “Responsibility lies with local authorities funds invested in Signal before the chains laws such as the California Act to ensure that businesses are operating company’s labour trafficking came are important “because they address legally, but individuals also have a duty to light in lawsuits and at the time of the increasing investor demand for to be more vigilant about the people the bankruptcy filing stood to lose transparency. You want to know a lot. You providing the services they use.”183 44 #askthequestion is an open-hearted UK labour, also found the media useful for infrastructure development associated campaign, launched in May 2016, that giving insight in the issue of modern with mega-sporting events around the gives ordinary people an easy way to slavery. A reason is that unlike the official world. These occasions by their nature participate in tackling modern slavery. It figures, newspapers and other media often involve major construction projects intends to make people think about the outlets gather different sources of data: and their high profile means a media products and services they buy in relation from the courts, police, charities and spotlight shines a light into those darker to modern slavery. People are encouraged their own investigations all in one place.185 areas of business practices, which are not to take a photo of the product and to post It found that labour exploitation was usually noticed.”187 it on social media with #askthequestion underreported compared to for example and the relevant company tagged. sexual exploitation. However, based on "IF IN THE PAST, CUSTOMER- It opens the conversation between the media analysis undertaken for this FACING BRANDS CAME businesses and their customers about report, this seems to have changed since modern slavery efforts. 2012. With increased legislation, the UNDER THE MOST PRESSURE reporting on forced labour seems to have FROM CUSTOMERS AND THE ROLE OF MEDIA increased as well. ACTIVISTS, OF LATE MANY Media can play a role in tackling modern The JRF report highlighted as well OTHER SECTORS HAVE FACED slavery in the construction industry that modern slavery related to major SIMILAR SCRUTINY AND BEEN and other industries by reporting on (sporting) events and with involvement FORCED TO EXAMINE THEIR leadership and exposing abuse, if based of big, well-known consumer-facing on thorough investigations and verified businesses are newsworthy.186 As Neill OPERATING PROCEDURES facts. Both can be an incentive for Wilkins from the Institute of Human AND BUSINESS MODELS." businesses to implement good practice. Rights and Business said: “If in the past, customer-facing brands came under The International Labour Organisation the most pressure from customers and has named the media as a useful tool in activists, of late many other sectors have estimating the extent of forced labour in faced similar scrutiny and been forced a particular area.184 Although it set out the to examine their operating procedures limitations of over- and underreporting, and business models. An example is the the 2013 report by the Joseph Rowntree construction sector. It has become one Foundation (JRF) on 2012 media reporting of the main focal points for the media, in the UK on human trafficking and forced particularly with its integral involvement in ENDNOTES 45

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