The Remedy Project

In an effort to regulate corporate behaviour, legislation across Europe has promoted exercises such as human rights due diligence (HRDD) for companies to identify, manage, remediate, and prevent risks to people in their value chains. Regulations however do not contain metrics for measuring the effectiveness of processes such as HRDD against which companies’ performance can be assessed. The question then arises, how will the impact of companies’ actions be evaluated? How will regulators implementing HRDD laws know which company practices are not effective, and which are delivering successful outcomes in identifying and preventing human rights risks? A working paper released by the Cornell University ILR School seeks to answer this crucial question by developing ‘labor outcomes metrics’ intended for measuring companies’ compliance with supply chain due diligence laws. This paper highlights the need for outcome metrics, as it is suggested that without these, there is little to no evidence on how to infer if and how companies’ policies improve outcomes for workers in their value chains. Admittedly, outcome metrics have multiple advantages. They measure outcomes, and not outputs of companies, and clearly indicate impact on workers. They act as evidence of effectiveness of companies’ policies in mitigating risks to people. They can be utilised by multiple stakeholders such as regulators, investors, rightsholders, civil society actors, and are adaptable across multiple industries.   The 25 outcome metrics developed are further slated into groups. Group 1 measures sourcing risks, and whether companies have systems in place to reduce risks or harms to which their sourcing practices contribute. Group 2 measures workforce risk measures such as legal status of workers, precarious employment, worker turnover, gender pay equity, gender-based violence and harassment. Group 3 focuses on working conditions risk measures such as hours, wages, accidents, and grievances. Group 4 captures outcomes for workers’ representation rights such as freedom of association, union presence, and collective bargaining agreements. Group 5 measures impact of climate change on workers (such as heat and flooding). It is important however, to note that some aspects of supply chains are difficult to measure quantitively such as forced labor or child labor. Impacts of these harms are complex, nuanced, contextual and lend itself to a qualitative analysis. Despite this gap, these outcome metrics can significantly aid in the measurement of progress of companies’ efforts in effectively addressing risks and fulfilling their legal obligations under HRDD laws. The focus placed on results by outcome metrics can help companies track progress over time and across suppliers, countries, and tiers. Finally, disclosure of outcomes can further strengthen corporate accountability which is the primary impetus for the passage of HRDD laws. #HRDD #laboroutcomes #measuringimpacts 

Consider this scenario: A bank provides financing to a client for an infrastructure project that entails clear risks of forced displacements. To what extent is the bank responsible where displacements did occur? While the #UNGP requires businesses to conduct #HRDD process to identify, prevent, mitigate and account for how they address their impacts on human rights, it still begs the question of what the bank’s obligations entail given its role as a financier and creditor. In this post, we look at the emerging role of financial institutions in business and human rights against some global and regional developments in relation to human rights due diligence, especially for agribusiness in ASEAN. On one hand, this poses a risk identification and management exercise which requires intricate balancing amidst complexities under economic volatility and changing regulatory environment. On the other hand, the financial sector should be ready to acknowledge its corporate responsibility to respect human rights. More so, by using its leverage to influence businesses across industries and countries, the financial sector could become the driving force to enable social and economic equity, as well as promote labour and human rights safeguards. Read here: https://lnkd.in/g4eVN5ZB #humanrights #duediligence #financialsector #banks #agribusiness Archana Kotecha, Carmel L., Rhea Goyal, Veronica Paruolo, Liemertje Julia Sieders, Kate Chan.

As companies are preparing to comply with the requirements set out by the European Deforestation Regulation (“EUDR”), the European Commission has released a statement to postpone its enforcement by 12 months. The Commission’s statement is yet to be effective as it needs to be approved by both the European Parliament and the Council of the European Union. Nevertheless, amidst a heated debate between governments, businesses and civil society organisations around the world (1), the Commission’s proposal creates a period of uncertainty going forward. This uncertainty affects businesses in scope but also those indirectly impacted by EUDR requirements in production countries. Although consultations around EUDR have been undertaken in 2020 (2), the current situation suggests that they have not been effective in paving the way for the implementation of EUDR. When legislation has far-reaching implications that have extraterritorial effect, more needs to be done to include all affected stakeholders and address the challenges surrounding implementation that risk creating greater uncertainty and bigger protection gaps for the most vulnerable. Read more here: https://lnkd.in/gZHy-sim #EUDR Archana Kotecha, Carmel L., Rhea Goyal, Veronica Paruolo, Liemertje Julia Sieders, Kate Chan.

The Dindigul Agreement, an enforceable brand agreement developed in the southern state of Tamil Nadu in India, marked a pivotal change in efforts to address, remediate and prevent gender-based violence and harassment (GBVH) in garment factories. The Agreement requires multinational companies to legally commit to use their supply chain relationships to support a worker- or union-led program at certain factories. It sets out collaborative methods across stakeholder groups to address the issue of GBVH, most significantly, with the engagement and inclusion of workers in Eastman’s Natchi factory. A progress report released by the Cornell University ILR School, found overwhelming evidence to suggest that the Agreement is meeting the goals for which it was created.     ➡ Freedom of Association : The report found that freedom of association plays a significant role in eliminating, remediating, and preventing GBVH. ‘Meeting under the tree’ is a practice developed by workers where members of the trade union engage with workers within the factory premises. This practice is crucial to build trust and solidarity amongst the workers and contributes to increasing their agency to report issues of GBVH.     ➡ Multi-tiered Grievance Mechanism : A multi-tiered grievance mechanism such as the one envisaged in the Agreement takes into consideration the intersection of gender and caste to effectively address GBVH. The layered nature of grievance redressal extends beyond garment factories and spinning mills to include transportation and hostels, which broadens the definition of the world of work.     The Report found that other processes instituted under the Agreement are translating into improved outcomes, such as training workers and building awareness on how to report a problem. Initiatives such as worker-shop floor monitors and bi-weekly meetings increased reporting of issues. The trade union’s continuous engagement within the factory and villages strengthened dialogue between the trade union and the factory management.    However, the report also identified challenges in the realization of the Agreement’s full potential. It notes that for the continued success of the Agreement, it is necessary to increase sourcing from Natchi factory, where the Agreement has been implemented. The factory has not been running at full capacity, and order volumes have not risen resulting in significant reductions in employment levels. Workers question whether brands will come back after the Justice for Jeyasre [1] campaign. Continued sourcing from the factory is crucial to signal to Suppliers, Brands and the apparel industry that it is advantageous to source from factories where restrictions on freedom of association and GBVH violations are low. In the absence of the same, the industry is left to reckon whether there are any positive rewards for suppliers, for following high labour and human rights standards, and whether progressive practices can result in more business?

The successful implementation of due diligence laws such as the Corporate Sustainability Due Diligence Directive (#CSDDD) requires a significant degree of transparency and accountability across value chains. It is very likely to result in companies in scope requiring extensive disclosures from suppliers about their business operations, potentially including commercially sensitive information and data related to grievances and working conditions. However, suppliers express concerns about disclosing business sensitive data to brands and are increasingly looking to local regulations such as #dataprivacy laws for protection. This is a striking yet underestimated issue that needs to be promptly addressed by policymakers as companies are preparing for compliance. Failure to do so may lead to an impasse that impairs effective implementation of #duediligence laws. Read here: https://lnkd.in/eEpAiRfd Archana Kotecha Carmel L. Rhea Goyal Kate Chan Veronica Paruolo

This week, The Remedy Project is participating in three impactful panels addressing critical human rights issues at the #UNRBHR Forum. If you're in Bangkok, we hope to see you at one of the sessions below: Innovative Tools and Approaches for Businesses and Civil Society to Effectively Remedy Child Labour and Sexual Exploitation 🗓 Date: 24 September 🕒 Time: 13:00-14:00 ICT https://lnkd.in/eq5dgaKj Children's Rights and Business Accountability: Access to Remedy Demystified 🗓 Date: 25 September 🕒 Time: 13:00-14:00 ICT https://lnkd.in/giBrVSbX Justice in a Mobile World: Removing Barriers to Remedy for Migrant Workers 🗓 Date: 25 September 🕒 Time: 15:00-16:00 ICT https://lnkd.in/gRGc7dzc We look forward to continuing these important discussions and invite you to join us in our efforts to create a more equitable future. Let's work together to drive meaningful change! #bizhumanrights #humanrights #ChildRights #MigrantWorkers #AsiaPacific #ResponsibleBusiness Archana Kotecha, UNDP B+HR, The Centre for Child Rights and Business ECPAT International, Global March Against Child Labour, IOM - UN Migration, UNICEF.

We’re excited to announce that our CEO Archana Kotecha, will also be speaking at another panel during the UNDP B+HR in #Bangkok. Join us for the session on "Children's Rights and Business Accountability: Access to Remedy Demystified." This session will explore how businesses and governments can ensure effective access to remedies for children affected by corporate human rights abuses. We’ll discuss the UN Guiding Principles on Business and Human Rights, recent practices in the Asia-Pacific region, and the upcoming General Comment 27 on children’s rights. This is a valuable opportunity to learn about empowering children as rights-holders and improving access to justice. 📍 Registration: www.rbhrforum.com/ 🔗 More about the session: https://lnkd.in/giBrVSbX #bizhumanrights #humanrights #ChildRights #AccessToRemedy #AsiaPacific #ResponsibleBusiness Surya Deva, Ariff bin Amir, Archana Kotecha, Reshma Nair, Riri S. O. Malikah, Ann Skelton, Lucio Valerio Sarandrea,PhD

🌟 Exciting Announcement! 🌟 We're thrilled to share that Archana Kotecha, CEO of The Remedy Project, will be speaking at the UNDP B+HR Forum in Bangkok on September 24. Join us for the panel on "Innovative Tools and Approaches for Businesses and Civil Society to Effectively Remedy Child Labour and Sexual Exploitation." This session will explore how businesses, NGOs, and governments can collaborate to tackle child labour and sexual exploitation. We'll discuss innovative tools and strategies, from community-based mechanisms to Human Rights Due Diligence (HRDD) regulations, ensuring children have access to protection and remedy. Don't miss this opportunity to learn about scalable solutions and sector-wide collaboration. 📍 Registration: https://lnkd.in/g9nU_UF5 🔗 More about the session: https://lnkd.in/eq5dgaKj Ines Kaempfer, Riri S. O. Malikah, Archana Kotecha, Jia Yen Lai, Marco Dubbelt, Gabriela Kühn. #bizhumanrights #humanrights #ChildLabour #AsiaPacific #ResponsibleBusiness #supplychains #ChildRights

Earlier this month, the Bureau of International Labor Affairs (ILAB) released their latest ‘Findings on the Worst Forms of Child Labor’ report and ‘List of Goods produced by Child Labor or Forced Labor’. The List reveals a growing number of goods and countries, taking the figure from 159 goods in 78 countries to 204 goods in 82 countries. The expansion of both goods and countries in the List reveals an alarming reliance in the use of child and forced labor in manufacturing globally. The List also includes a growing number of critical minerals, bringing the number to 12. While certain goods have been removed from the List, where efforts to eradicate child or forced labor have been successful, the key trend emerging from these reports is the expanding scope of labor exploitation in global supply chains.  Supply chains are growing increasingly complex, with many transcending regions, countries and involving multiple tiers. This complexity presents challenges for companies in obtaining transparency and visibility over the operations of their business partners especially at the stage of manufacturing and sourcing of raw materials. Additionally, the demand for cheap products lends itself to keeping production costs low and enables conditions for exploitation of labor to persist.  However, the adoption of mandatory human rights due diligence legislations (HRDD) across jurisdictions, seeks to influence companies' behaviour and push for the implementation of robust due diligence systems. These measures are aimed at enabling companies to obtain a comprehensive risk profile of their supply chains so they can undertake targeted actions to address and combat labour exploitation. HRDD legislations also require companies to engage and collaborate with stakeholders to better understand the challenges they face in their operations, and address these through support such as loans and trainings.   While the increase in child labour and forced labour is certainly an alarming trend, the HRDD movement presents companies with an opportunity to combat these harms by adopting robust risk identification and management tools. As ILAB Deputy Undersecretary Thea Lee rightly noted at the launch of these reports, “It’s about changing the economic calculus – about taking the profit out of exploitation. And it takes all of us working together.” #childlabor #forcedlabor #supplychain #HRDD Archana Kotecha Carmel L. Veronica Paruolo Rhea Goyal

🌟 The Remedy Project is excited to be part of ReThink HK this year! Join us for an important discussion on Creating an Equitable Workforce Across the Value Chain. As we delve into the complexities of workforce equity, we'll explore how traditional approaches often overlook the vast landscape of global value chains. What role does consumer agency play, and how can purpose-driven consumption reshape our workforce? We look forward to seeing you there! 📅 Panel Date & Time: 13 Sept, 1:25PM HKT 📍 Location: Finance & Supply Chains Theatre, Hall 1, HKCEC #OnlyWayForward #RTHK24 #ReThinkHK24 Archana Kotecha AmCham HK