activities to determine a site s need for an on-site labour audit (11 questions)

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1 MSC - On-Shore Labour Practices - August 2018 Welcome to the MSC August 2018 public consultation Thank you for taking the time to provide comments on this consultation. Your contribution strengthens the MSC program by ensuring we develop policy after considering the input from all our stakeholders. Using our fisheries certification and seafood labelling program, the MSC works with partners to promote sustainable fishing and transform markets. The On-Shore Labour Practices has undergone public consultation previously and the outcomes of this project will be included as part of the CoC Program Review with release of revised standards in February The proposal includes several elements, from the process to the risk-based approach to how we will recognise third-party labour audits. All of these elements are part of the consultation. In particular, the feedback on the risk-based approach will help to inform the final outcome of the risk assessment that will determine a certificate holder or site's need for a labour audit. 1. The proposed process to integrate labour requirements into the MSC CoC Standard (3 questions) 2. The proposed risk-based approach that uses country-based risk indicators and prioritised scope activities to determine a site s need for an on-site labour audit (11 questions) 3. The list of 3rd party labour programs MSC is planning to recognize, the minimum requirements for recognition of an audit against each program and the suspension process (7 questions) 4. An additional proposal for MSC to work with SEDEX (Supplier Ethical Data Exchange) to develop a customised SEDEX audit focused on forced and child labour (3 questions) 5. An amendment to the existing clause on forced labour (CoC Certification Requirements clause 6.2.9) (3 questions) Following this consultation, all feedback will be discussed with the MSC Technical Advisory Board who will make a recommendation to the Board of Trustees. The Board will then will take a decision on whether to publish the revised requirements in February All feedback will be made public after the consultation closes on the MSC Program Improvements website. Comments will be unattributed but may be grouped by stakeholder type (e.g. Industry, CAB) where there are more than five comments for a stakeholder group. Please add your contact details below before choosing which topic you would like to provide feedback on. To avoid any issues with returning to the survey to edit your responses, please try to complete the survey in one go, ensuring to press 'Done'. 1

2 * 1. Contact Information First name* Organisation* Country* Address* Phone Number * 2. I am responding as an: * 3. Please confirm you agree to your responses being made available (unattributed) to the public on the MSC Program Improvements website? I agree to my unattributed responses being published on MSC Program Improvements website * 4. Please state the stakeholder category type which best describes you? 2

3 MSC - On-Shore Labour Practices - August Process The purpose of this consultation is to seek feedback on the proposed text for the on-shore labour practices, which will be incorporated into the revised CoC Standards planned for release in February The proposal includes several elements: 1. The process to integrate labour requirements into the MSC CoC Standard 2. The proposed process to integrate labour requirements into the MSC CoC Standard 3. The proposed risk-based approach that uses country-based risk indicators and prioritised scope activities to determine a site s need for an on-site labour audit 4. The list of 3rd party labour programs MSC is planning to recognize, the minimum requirements for recognition of an audit against each program and the suspension process 5. An additional proposal for MSC to work with SEDEX (Supplier Ethical Data Exchange) to develop a customised SEDEX audit focused on forced and child labour 6. An amendment to the existing clause on forced labour (CoC Certification Requirements clause 6.2.9) View the On-Shore Labour Practices consultation materials > Read the details of the On-Shore Labour Practices project on the MSC Program Improvements website. Clauses and of the CoC Certification Requirements outline the requirements for confirming a site is in compliance with the labour requirements. This is a step-by-step process as follows: 3

4 5. Do you support the proposed process for managing labour requirements in the CoC program? No 6. If no, What part of the process do you disagree with? What would you prefer in place of the part you disagree with? How can it be improved? 7. Auditability of the new labour requirements (for CoC CABs only): Do you have any feedback on how to improve the process to confirm a certificate holder's compliance with the labour requirements? 4

5 MSC - On-Shore Labour Practices - August Risk-based approach MSC proposes to introduce the labour requirements using a risk-based approach. This means that a certificate holder's (or their site(s), as relevant) need for a labour audit will be determined by the country of operation's risk score (from the Country Based Labour Risk Scoring Tree) and the scope activities of the site(s). MSC is seeking stakeholder feedback on which indicators they think are the most important, how the indicators should be scored or weighted, and if there are any indicators they disagree with. The outcomes of the public consultation will determine the final product for the Scoring Tree. 8. Do you support the indicators selected to be part of the Scoring Tree? No 5

6 9. If not, what indicators do you disagree with and why? Please explain 10. Please rank the indicators in terms of their importance to identifying risk of forced and child labour in seafood supply chains. 1-9 (1 being the most important, 9 being the least important) US Department of Labor List of Goods Produced by Child Labour or Forced Labour N/A amfori BSCI s Country Risk Classification list N/A Global Slavery Index compiled by Walk Free Foundation N/A Palermo Protocol N/A Work in Fishing Convention 188 N/A ILO Forced Labour Convention 29 N/A ILO Right to Organise Convention 98 N/A FAO Port State Measures Agreement N/A Trafficking in Persons (TiP) report N/A 11. How would you rank the following as indicators of forced and child labour: Not reputable Somewhat reputable Very reputable Global Nongovernment organisations (Global Slavery Index, amfori BSCI) Government departments (US Department of Labor s List of Goods, US State Department TiP report) United Nations (Ratification of ILO 29, ILO 98, PSMA, Palermo Protocol) 12. Please rank your preference for each attribute, based on its strength in identifying risk of forced and child labour in seafood supply chains. 6

7 Strongly Somewhat Somewhat Don't disagree disagree Neutral agree Strongly agree know/unsure Owner of the indicator: National Owner of the indicator: International Owner of the indicator: NGO Methodology - How does the organisation determine the score/ranking: Ratification Methodology - How does the organisation determine the score/ranking: Detailed research? Scope: Forced and/or child labour; human trafficking; other labour issues; governance and/or corruption; IUU Scope: Human trafficking Scope: Other labour issues Scope: Government policy Scope: IUU fishing Commodity type: Seafood Commodity type: All consumer goods Commodity type: Government policy Transparency: Process of ranking/scoring is transparent Transparency: Process of ranking/scoring is not transparent Other (please specify) 7

8 13. In your opinion and in order of importance, what are the top five most important attributes for indicators in the Labour Risk Scoring Tree. 1 being the most important attribute. Please refer to the above list (Q12) Do you think any of the indicators should be weighted more heavily than others? No 15. If yes, which indicator(s) should be weighted more heavily? US Department of Labor List of Goods Produced by Child Labour or Forced Labour amfori BSCI s Country Risk Classification list Global Slavery Index compiled by Walk Free Foundation Palermo Protocol ILO Forced Labour Convention 29 ILO Right to Organise Convention 98 FAO Port State Measures Agreement Trafficking in Persons (TiP) report Work in Fishing Convention Convention 188 EU carding system for IUU fishing 16. Are there any other indicators you feel strongly should be included? Please list and explain their relevance. 8

9 17. Do you support the prioritised scope activities? No Processing (primary/secondary/preservation/contract processing/use of a contract processor) Packing or repacking Manual offloading from a fishery or farm 18. The proposal would require CFO Operations sites that do processing to complete a labour audit (value-added processing only, not fish counters). Do you agree with this approach? No 19. Is there anything else MSC should consider and/or reference to strengthen the risk-based approach? 9

10 MSC - On-Shore Labour Practices - August Recognition of third-party labour audit programs MSC proposes to work with recognised third-party labour programs to fulfil the labour requirements, rather than introducing auditable labour requirements into the CoC Standard. The programs put forward for recognition are: Social Accountability International s SA8000 Standard, Amfori Business Social Compliance Initiative (BSCI), and Supplier Ethical Data Exchange SEDEX Members Ethical Trade Audit (SEDEX SMETA). Recognising third-party programs in this way is a new process for MSC. Thus, we have tried to set a bar of minimum performance that is acceptable to MSC and our stakeholders. This will be the 'Minimum Requirements for a labour audit to be recognised by MSC' (Table 6 in the Consultation paper). The Minimum Requirements look at auditor competency, audit performance criteria and the reasons that would trigger a suspension of a CoC certificate and the timeframes for suspensions. 20. Do you support the proposed 3rd party labour programs for recognition? No SA8000 Amfori BSCI SEDEX SMETA 21. Do you support the minimum requirements proposed for each of the programs? No SA8000 Amfori BSCI SEDEX SMETA 10

11 22. Do you agree with the proposed threshold for suspension for each of the programs? No - too strict No - not strict enough No - too complicated Don't know Other (please specify) 23. If no, what is needed to make the suspensions process more robust? For example, changes to the suspension process or minimum requirements. 24. Do you currently complete a labour audit? No Prefer not to say 25. Based on your new knowledge on the recognition process, would your labour audit meet the MSC requirements? No Don't know Not applicable 26. Is there anything else MSC should consider to strengthen the recognition process? 11

12 MSC - On-Shore Labour Practices - August Working with SEDEX 27. Do you support the proposal for MSC to work with SEDEX to develop a customised SEDEX audit on forced and child labour? No 28. If no, please explain why 29. Which audit frequency should MSC set for SEDEX SMETA and focused MSC SEDEX audit? Annual Biannual Dependent on audit performance 12

13 MSC - On-Shore Labour Practices - August Amendment to CoC CR clause on forced labour MSC introduced CoC CR clause in The clause prevented an entity from achieving CoC certification if they have been prosecuted for a forced labour violation in the previous two years. Given the new requirements on forced and child labour, MSC proposes to amend this successful prosecution clause to: Include reference to child labour Apply only to sites in low risk countries (noting all high-risk countries would be required to undertake a 3rd party audit) Remove reference to entity and specify requirement is for site Allow sites prosecuted for forced and child labour back into the program once they have successfully complied with the labour requirements for high risk countries 30. Do you support the amendments to the CoC CR 6.2.9? No - too strict No - not strict enough No - too complicated Other (please specify) 31. Why or why not? Please explain 13

14 32. Based on the amendments to 6.2.9, how long do you think the successfully prosecuted entity should be required to be treated as a high-risk entity? One year Two years Three years (one certification cycle) Other (please specify) 14

15 MSC - On-Shore Labour Practices - August 2018 User information To help us improve our communications, please complete the two questions below before pressing 'Done' and completing the survey. * 33. Would you like to receive MSC updates on any of the following topics (tick all that apply)? MSC fisheries topics MSC Chain of Custody topics MSC accessibility and data limited topics All MSC policy development topics None * 34. How did you hear about our current public consultation (tick all that apply)? MSC stakeholder announcement MSC Program Improvements website (improvements.msc.org) MSC main website (msc.org) MSC signature banner Social media (e.g. Facebook; Twitter) MSC Newsletter Industry media Event attended by MSC Other (please specify) 15