protecting human rights in supply chains through procurement · 11/18/2014 · protecting human...
TRANSCRIPT
& the Sweatfree Purchasing Consortium 1
Protecting Human Rights in Supply Chains through
Procurement Lessons for the Private and Public Sector
from the ICAR Report
Please Note: Everyone is muted by default. We will begin shortly.
November 21, 2014
& the Sweatfree Purchasing Consortium
Agenda
2
Value of ICAR Report Sam Hummel to SPLC Director of Outreach
SPLC Value of ICAR Report Bjorn Claeson to SPC Executive Director
Sweatfree Purchasing Consortium
ICAR Report Findings Robert Stumberg Director and Professor of Law Harris Institute for Public Law Georgetown Law School
Discussion
& the Sweatfree Purchasing Consortium
Value of the ICAR Report to the Sustainable Purchasing Leadership
Council
3
Sam Hummel Director of Outreach SPLC
& the Sweatfree Purchasing Consortium
Welcome
4
Mission To support and recognize institutions for strategic leadership in understanding and taking responsibility for all of the consequences of all of their goods and services spending.
• Social • Economic • Environmental
& the Sweatfree Purchasing Consortium 5
Principles for Leadership in Sustainable Purchasing
www.sustainablepurchasing.org/principles
Understanding. Commitment. Results. Innovation. Transparency.
We recognized the ICAR Report as offering great value to SPLC’s work because it closely aligns with our consensus Principles for Leadership in Sustainable Purchasing, which can be summarized as “First seek to understand your impacts, commit to action, demonstrate results, support innovation and promote transparency”. The authors first sought to understand where the most human rights abuses are found within federal supply chains, which allowed them to strategically narrow their scope to five key supply chains. They then analyzed the procurement process to identify a menu of practical actions that a federal agency could commit to as part of an action plan. They identified ways that federal procurement can promote innovation in the marketplace, such as by pushing for stronger standards or working with suppliers to get “clean” supply chains verified from beginning to end. And finally, they identified a number of ways that federal agencies can promote supply chain transparency and make meaningful use of that information to ensure that real results are being delivered.
& the Sweatfree Purchasing Consortium 6
Guidance for Leadership in Sustainable Purchasing
www.sustainablepurchasing.org/guidance
& the Sweatfree Purchasing Consortium
Value of the ICAR Report to the Sweatfree Purchasing Consortium
7
Bjorn Claeson Executive Director Sweatfree Purchasing Consortium
& the Sweatfree Purchasing Consortium
Protecting Human Rights in Supply Chains through
Procurement
8
Robert Stumberg Director and Professor of Law Harris Institute for Public Law Georgetown Law School
Presentation
Webinar Protecting Human Rights in Supply Chains
through Procurement
Lessons for Private and Public Sector Purchasers from the ICAR Report
Sustainable Purchasing Leadership Council Sweatfree Purchasing Consortium
Presentation by Robert Stumberg
November 18, 2014
Turning a Blind EyeRespecting Human Rights in Government Purchasing
http://accountabilityroundtable.org/initiatives/procurement/September 2014
Robert Stumberg, Anita Ramasastry & Meg Roggensack
US federal procurement: – Does the government purchase from
high-risk sectors?
– Are there gaps in procurement rules?
– If so are there practical solutions?
4 high-risk sectors
Sector
Procure-ment in billions
2013
Safety, risk of death
Forced labor,
trafficking
Illegal child labor
Illegal wages, hours
Denial of freedom
Electronic products $11.1 x x x x x Mineral content - mining “ x x x x x Logistics / security $34.3 x x x Agriculture/seafood $6.7 x x x x Soft Apparel $1.4 x x x x x
Subtotal $53.5 $462.1 11.6% of all procurement
4 high-risk sectors
Sector
Procure-ment in billions
2013
Safety, risk of death
Forced labor,
trafficking
Illegal child labor
Illegal wages, hours
Denial of freedom
Electronic products $11.1 x x x x x Mineral content - mining “ x x x x x Logistics / security $34.3 x x x Agriculture/seafood $6.7 x x x x Soft Apparel $1.4 x x x x x
Subtotal $53.5 $462.1 11.6% of all procurement
4 high-risk sectors
Sector
Procure-ment in billions
2013
Safety, risk of death
Forced labor,
trafficking
Illegal child labor
Illegal wages, hours
Denial of freedom
Electronic products $11.1 x x x x x Mineral content - mining “ x x x x x Logistics / security $34.3 x x x Agriculture/seafood $6.7 x x x x Soft Apparel $1.4 x x x x x
Subtotal $53.5 $462.1 11.6% of all procurement
4 high-risk sectors
Sector
Procure-ment in billions
2013
Safety, risk of death
Forced labor,
trafficking
Illegal child labor
Illegal wages, hours
Denial of freedom
Electronic products $11.1 x x x x x Mineral content - mining “ x x x x x Logistics / security $34.3 x x x Agriculture/seafood $6.7 x x x x Soft Apparel $1.4 x x x x x
Subtotal $53.5 $462.1 11.6% of all procurement
4 high-risk sectors
Sector
Procure-ment in billions
2013
Safety, risk of death
Forced labor,
trafficking
Illegal child labor
Illegal wages, hours
Denial of freedom
Electronic products $11.1 x x x x x Mineral content - mining “ x x x x x Logistics / security $34.3 x x x Agriculture/seafood $6.7 x x x x Soft Apparel $1.4 x x x x x
Subtotal $53.5 $462.1 11.6% of all procurement
4 high-risk sectors
Sector
Procure-ment in billions
2013
Safety, risk of death
Forced labor,
trafficking
Illegal child labor
Illegal wages, hours
Denial of freedom
Electronic products $11.1 x x x x x
Mineral content- mining “ x x x x x Logistics / security $34.3 x x x Agriculture/seafood $6.7 x x x x Soft Apparel* $1.4 x x x x x
* 0.3% of all procurement ($462 billion) * Negotiated contracts can use non-price factors
Analyzing
the F A R
Gaps in 5 stages of procurement 15 practical solutions
Gaps in 5 stages of procurement 15 practical solutions
A Sampling of Gaps & Solutions Procurement Stage
1. Plan
2. Notify
3. Evaluate
4. Award
5. Enforce
A Sampling of Gaps & Solutions Procurement Stage
1. Plan
2. Notify
3. Evaluate
4. Award
5. Enforce
A Sampling of Gaps & Solutions Procurement Stage
1. Plan
2. Notify
3. Evaluate
4. Award
5. Enforce
A Sampling of Gaps & Solutions Procurement Stage
1. Plan
2. Notify
3. Evaluate
4. Award
5. Enforce
A Sampling of Gaps & Solutions Procurement Stage
1. Plan
2. Notify
3. Evaluate
4. Award
5. Enforce
A Sampling of Gaps & Solutions Procurement Stage
1. Plan
2. Notify
3. Evaluate
4. Award
5. Enforce
A Sampling of Gaps & Solutions Procurement Stage
1. Plan
2. Notify
3. Evaluate
4. Award
5. Enforce
A Sampling of Gaps & Solutions Procurement Stage
1. Plan
2. Notify
3. Evaluate
4. Award
5. Enforce
A Sampling of Gaps & Solutions Procurement Stage
1. Plan
2. Notify
3. Evaluate
4. Award
5. Enforce
A Sampling of Gaps & Solutions Procurement Stage
1. Plan
2. Notify
3. Evaluate
4. Award
5. Enforce
A Sampling of Gaps & Solutions Procurement Stage
1. Plan
2. Notify
3. Evaluate
4. Award
5. Enforce
Road to Reform
Stage Policy op.ons 1. Plan for procurement needs & risks
a. Expand scope of protec8on b. Clarify human rights
2. Solicit bids, provide no8ce a. Provide no8ce of risk b. Provide no8ce of standards
3. Evaluate poten8al contractors a. Evaluate responsibility b. Expand the database (FAPIIS plus others) c. Cer8fy knowledge d. Evaluate capacity
4. Award contract, set terms a. Confirm management capacity with disclosure b. Offer pre-‐award clearance c. Expand compliance op8ons based on risk
5. Monitor & enforce a. Use remedies that are convenient to agencies b. Provide transparent monitoring via independent orgs c. Dedicate staff for enforcement – shared by agencies d. Use due diligence as both a defense and a remedy
Policy Menu
• Web link for the ICAR report – http://accountabilityroundtable.org/initiatives/procurement/
• Contacts – Amol Mehra – Director of ICAR
– Robert Stumberg – Professor of Law, Georgetown University [email protected]
& the Sweatfree Purchasing Consortium 35
SPLC Pilot Program
www.sustainablepurchasing.org/community
& the Sweatfree Purchasing Consortium 36
2015 Summit : Super Early Bird Registration
*Limited number of scholarships available
www.sustainablepurchasing.org/summit15