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[Report] JaCER Learning Lab "Forced Labor, Migrant Workers, Human Rights Defenders, and Remedy: Activists' Perspectives"
On Monday, July 29, 2024, JaCER held an online Learning Lab "Forced Labor, Migrant Workers, Human Rights Defenders, and Remedy: Activists' Perspectives". More than 40 representatives from member companies and other interested parties participated in the event.
The Learning Lab is a new initiative of JaCER launched to provide useful information on responsible corporate behavior to those in charge of member companies for use in their daily operations. This year, we invited Mr. Andy Hall, a well-known activist on migrant workers and labor rights. We believe it is important for those in charge to understand the viewpoints and perspectives of whistleblowers. In his keynote presentation, Mr. Hall talked about the following
- Whether decent work can be achieved depends on responsible recruitment. l There are many issues such as the cost of recruitment, unfair deductions, deception, inhumane treatment, and restrictions on freedom of movement.
- The world's largest companies also face this challenge. It is not something that can be found by auditing a company, but how it is monitored is important. It should be recognized that the problem has already occurred when the hiring decision is made and the worker arrives in the host country.
- In the case of migrant workers coming to Japan, there is also a bribery risk for Japanese agents. We have heard from officials in Asian countries that they need to send bribes when sending migrant workers to Japan.
- We have prepared guidance for responsible recruitment and would like you to refer to it.
In light of these stories, the following dialogue took place between our executive directors and Mr. Hall.
Question: Do the actors involved in the kickback understand business and human rights?
Answer: I don't think they understand.
Question: With regard to the kickback, it was pointed out that there is a problem of corruption, and we were given 15 markers, but are there any red flags that can be seen from the outside?
Answer: One flag would be that contracts were not signed, or if workers were willing to work overtime or long hours to pay off debts.
Question: Is there a way to prevent retaliation against the person who made the report?
A: It is difficult. The company is required to provide evidence to confirm the content of the report, but if the name of the person who testified is given, there is a risk of retaliation against the person who testified. Some companies may forward the information to the target company as it comes in. It is important to build trust through constructive engagement.
Question: What advice would you give to Japanese companies?
A: We have seen that Japanese companies are more effective in some aspects once they engage. Companies in Europe and the U.S. seem to be more advanced, but I don't think Japan is actually that far behind. Regarding the impact of the CSDDD, although the number of companies covered by the CSDDD has decreased, it is expected that large Japanese companies will be covered by the CSDDD, so naturally there will be an impact. The actual impact is likely to vary from company to company.
JaCER will continue to work with experts and knowledgeable organizations in Japan and abroad to provide opportunities to promote understanding of the Grievance Mechanism and other related issues.
Attachment:
・Key markers for promoting responsible recruitment of migrant workers
https://www.fairlabor.org/wp-content/uploads/2024/05/FLA-PP-Presentation-FINAL.pdf
・General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs