Forced labour remediation in supply chains

Abstract This article provides practical insights for lawyers seeking to understand how to identify, assess, and remediate forced labour risks in the supply chain. It provides an overview of current methodologies used in forced labour investigation and remediation, along with relevant standards and guidelines. The article outlines a model four-stage approach to remediation. First, an initial investigation is conducted to establish a factual baseline and identify potential forced labour indicators. A credible investigation should be based on meaningful engagement with affected rights holders (i.e., supply chain workers), with appropriate safeguarding protocols to ensure their protection. Second, an assessment is undertaken to determine if any indicators of forced labour are present, if so to quantify the level of risk, and to identify immediate and root causes of the identified risks. Third, in consultation with affected rights holders, a plan for the remediation of forced labour risks is developed and implemented. Effective remediation should operate on two levels: it should seek to cease any ongoing harms and provide restitution to affected rights holders, while also addressing root causes to prevent recurrence. Finally, after remediation has been implemented, a follow-up assessment is conducted to check for the ongoing presence of any indicators of forced labour and confirm that remedial actions have been effectively implemented. Ongoing monitoring mechanisms and internal controls should also be put in place to ensure that forced labour risks have been effectively addressed and do not recur.