msc-consultation-survey-export-on-shore-labour-practices · web viewthe on-shore labour practices...

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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 2019.

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 2019. 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'.

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* 1. Contact Information

First name*

Organisation*

Country*

Email 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?

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1. 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 2019.

The proposal includes several elements:1. The process to integrate labour requirements into the MSC CoC Standard2. The proposed process to integrate labour requirements into the MSC CoC Standard3. 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 audit4. 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 process5. An additional proposal for MSC to work with SEDEX (Supplier Ethical Data Exchange) to

develop a customised SEDEX audit focused on forced and child labour6. 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 8.2.14 and 8.2.15 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:

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5. Do you support the proposed process for managing labour requirements in the CoC program?

Yes

No

Don't know/Unsure

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?

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2. 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?

Yes

No

Don't know/Unsure

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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 Don't know/Unsure

Global Non- government 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.

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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)

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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).

1

2

3

4

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14. Do you think any of the indicators should be weighted more heavily than others?

Yes

No

Don't know/Unsure

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.

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17. Do you support the prioritised scope activities?

Yes No Don't know/Unsure

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?

Yes

No

Don't know/Unsure

19. Is there anything else MSC should consider and/or reference to strengthen the risk-based approach?

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3. 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 Standar d , 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?

Yes No Don't

know/Unsure SA8000

Amfori BSCI

SEDEX SMETA

21. Do you support the minimum requirements proposed for each of the programs?

Yes No Don't

know/Unsure SA8000

Amfori BSCI

SEDEX SMETA

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22. Do you agree with the proposed threshold for suspension for each of the programs?

Yes

No - too strict

No - not strict

enough No - too

complicated Don't

know


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?

Yes

No

Don't

know/Unsure

Prefer not to say

25. Based on your new knowledge on the recognition process, would your labour audit meet the MSC requirements?

Yes

No

Don't know

Not

applicable

26. Is there anything else MSC should consider to strengthen the recognition process?

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4. 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?

Yes

No

Don't know/Unsure

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

Don't know/Unsure

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5. Amendment to CoC CR clause 6.2.9 on forced labour

MSC introduced CoC CR clause 6.2.9 in 2014. 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 labourApply 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 siteAllow 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?

Yes

No - too strict

No - not strict enough

No - too complicated

Don't know/Unsure

Other (please

specify)

31. Why or why not? Please explain

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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)

Don't know/Unsure


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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 email announcement

MSC Program Improvements website (improvements.msc.org)

MSC main website (msc.org)

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Social media (e.g. Facebook; Twitter)

MSC Newsletter

Industry media

Event attended by MSC


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