Progress in the Fight against Forced Labor, Daily Brief March 14, 2024

When long-debated legislation is finally agreed on, optimists and pessimists often argue about whether the result of the political negotiations is a theoretical glass half-full or glass half-empty. This one tends toward the former.

Yesterday’s news that EU politicians approved a forced labor import ban is certainly encouraging. It will eventually help stop products linked to forced labor from entering the EU and increase pressure on governments and companies to stop forced labor practices.

It should ultimately have a positive impact on the estimated 3.9 million people trapped in state-imposed forced labor programs worldwide, not to mention on European manufacturers facing unfair competition.

Regular readers will recall our recent look at aluminum from Xinjiang, China, used by global automakers, as we asked: Is your car driving repression? The conclusion was that, while individual consumer awareness is important, the scale of the problem of forced labor in large-scale manufacturing requires the broader regulatory approach that only governments can provide.

What happened yesterday in the EU was a step in the right direction. After agreement between EU member state ambassadors and members of the European Parliament negotiating the deal, it now goes to the EU Council and Parliament for formal approval.

Experts who’ve been working for years to see this happen were rightly pleased.

Chloe Cranston of Anti-Slavery International called it a “huge result … Despite its weaknesses, this is a major step forward for ending forced labour globally.”

Steve Trent of the Environmental Justice Foundation, said it sent “a powerful message that the EU is upholding the fundamental values of dignity and respect for all people.”

My Human Rights Watch colleague Jim Wormington said it was “great news,” adding: “When it comes into force, the law will mean companies benefitting from forced labor, in Xinjiang and elsewhere, cannot sell to EU markets.”

But everyone involved also recognizes the EU’s new forced labor law is not all it could be.

It is, as my colleague Jim notes with regard to Xinjiang, weaker than the US law called the Uyghur Forced Labor Prevention Act. That US law, which came into force in 2022, rightly establishes the presumption that any product produced in whole or in part in Xinjiang, China, is made with forced labor and cannot be imported.

Still, the EU law does include measures to help investigators identify and stop products linked to state-imposed forced labor from entering the EU.

So, overall, the news is good. There is progress. The optimists can say the theoretical glass is half-full.

But the struggle continues to make sure your actual glass has not been manufactured with forced labor.