The Danish Institute for Human Rights (DIHR) published Strengthening the EU’s Stand Against Forced Labour (January 2025). The report covers the key components of the EU Forced Labour Ban and discusses opportunities to strengthen the law and the broader context for tackling forced labour.
The EU Forced Labour Ban entered into force on 12 December 2024. It prohibits companies from placing products made with forced labour on the EU market, or exporting from the EU any products made with forced labour. It applies to all companies operating in the EU, regardless of turnover or where they are incorporated. This includes companies that sell products at a distance, e.g. via the internet, if they target end-users in the EU (although this will be reviewed on a case-by-case basis). For the full text of the regulation see here, and for DIHR’s deeper analysis of key components of the law, see page 7 onward in the report.
Human Level’s Take:
- The EU Forced Labour Ban is the newest entry into the suite of global laws aiming to strengthen human rights protections in economic activities.
- The Danish Institute for Human Rights (DIHR) see the regulation as a significant step in addressing forced labour, complementing existing laws like the CSDDD and encouraging companies to adopt stronger due diligence practices to tackle forced labour globally.
- At the same time, DIHR highlights concerns like a failure to mandate remediation for rightsholders as a condition for lifting product bans, a heavy burden of proof on authorities, inadequate guidance on responsible disengagement and on evidentiary thresholds for high-risk sectors, and missing amendments to improve access to customs data.
- Above all, the effectiveness of the regulation in practice will depend on the willingness of companies and States to tackle the root causes of forced labour. While import bans can create incentives for companies to strengthen their human rights due diligence, the systemic nature of forced labour means that efforts to address the issue will need to go beyond product exclusion.
- This includes actions meant to combat root causes across the full value chain, for example strengthening worker voice and fundamental labour rights, ensuring responsible recruitment practices, building capacity of supply chain actors to understand and address forced labour risks, and tackling underlying issues like poverty, discrimination and gaps in social protection.
Some key takeaways:
- Strengths and weaknesses of the law: The report highlights some key positive components of the law, as well as drawbacks. DIHR welcomes the introduction of the regulation as a significant step in addressing forced labour across global supply chains. In addition, the law strives for policy coherence. While it does not introduce new human rights due diligence requirements, it is intended to complement existing laws like the Corporate Sustainability Due Diligence Directive (CSDDD) and establishes an enforcement framework for both EU and non-EU cases. Moreover, the law has the the potential to push companies to adopt stronger due diligence practices, advancing the EU’s efforts to combat forced labour globally alongside other regulatory drivers of corporate responsibility for human rights. The report also identifies weak areas in the regulation as adopted. For one, DIHR believes the law does not adopt a human rights-based approach, in particular for its failure to prioritise affected rightsholders and by not mandating remediation as a condition of product bans. This presents an important opportunity to integrate remediation into the law when the regulation next comes under review in five years. This should include ensuring meaningful consultations with affected rightsholders and clarifying the forms of remedy that can be provided to impacted people. In addition, the report highlights that the regulation places a heavy burden of proof on authorities, lacks tailored evidentiary standards for high-risk sectors, provides insufficient guidance on responsible disengagement, and does not amend the Union Customs Code to improve stakeholder access to customs data.
- What’s needed for stronger implementation: The report highlights a few key areas that could strengthen the implementation of the law. First, effective implementation requires robust support measures, with competent authorities and the European Commission working together. They will need to be equipped with the necessary resources and expertise. Second, enhancing international cooperation and improving information sharing with third countries outside of the EU will help to ease the burden on authorities. Third, the European Commission should align future guidelines on due diligence, remediation and forced labour with the UN Guiding Principles on Business and Human Rights (UNGPs), in particular the framework for human rights due diligence. This should be accompanied by clear guidance for authorities and businesses to meet regulatory requirements and normative expectations. Fourth, stakeholder engagement should be prioritised during enforcement and implementation. This should ensure a rights-based approach, ensuring protection against retaliation and overcoming barriers to meaningful participation.
- Structural change is still needed: Forced labour is a systemic challenge that requires structural change. Legislation is an important component of a broader approach, but it needs to be backed by other interventions and approaches to tackle root causes. By its nature, forced labour is closely tied to poverty, discrimination, and weak social protections, requiring a comprehensive approach to address these underlying factors. From a policy perspective, a united effort from international organisations, EU institutions, Member States, businesses and rightsholders is needed to create a policy framework that addresses the root causes of forced labour. This could include using trade, development policies and cooperation initiatives to enhance human rights standards, improve working conditions and eliminate forced labour in global supply chains. Critically, the report highlights the important role of the UNGPs in continuing to guide both policymaking and practices by companies and governments to address and remediate forced labour.
