scholarly journals Who’s Watching the Watchdog?: Are the Names of Corporations Mandated to Disclose under the California Transparency in Supply Chain Act Subject to a Public Records Request?

2014 ◽  
Vol 1 (1) ◽  
pp. 44-57
Author(s):  
Benjamin Greer

Trafficking is a highly dynamic and fluid criminal phenomenon. Determined traffickers react remarkably well to consumer demand and under-regulated economic sectors and easily adapt to legislative weaknesses. Corporate globalization of manufacturing and storefronts is contributing to human trafficking; aiding in forced labor in becoming the fastest growing and the third most widespread criminal enterprise in the world. As technology advances, allowing greater and easier access to goods from more remote countries, vulnerable populations become easier targets for traffickers to exploit. Understanding U.S. markets are key destinations for goods, enlightened states are looking to bolster their anti-trafficking criminal codes by requiring businesses to better clarify their efforts to discourage human trafficking/forced labor within their supply chains. The California State Legislature has begun an aggressive approach aimed at fostering greater public awareness of slave labor by requiring certain businesses to clearly articulate their anti-trafficking/anti-forced labor policies. California was the first government – local, state or federal - to codify mandatory policy disclosures. The California Transparency in Supply Chains Act of 2010 requires businesses domiciled in California and earning more that $100 million to conspicuously disclose on their publically accessed webpage, what policies, if any, they have implemented to detect and fight slave labor. The legislature intended to equip the common consumer with the needed information to effectively hold businesses accountable for human rights abuses. In order for the public to properly hold businesses accountable for their labor practices, it is essential the names of business subject to the disclosure be made public. The California Public Records Act should be a tool for concerned consumers and advocates to obtain the statutory list of affected companies.

2019 ◽  
pp. 675-696
Author(s):  
Andrew Boutros

Today’s companies must understand and prevent the myriad problems flowing from labor issues. Increasingly demanding, serious compliance attention and resources are now being focused on the emerging area of human anti-trafficking and forced labor laws and regulations as they relate to business supply chains. These mandates include the California Transparency in Supply Chains Act, the Executive Order on Strengthening Protections Against Trafficking in Persons in Federal Contracts, and the UK Modern Slavery Act of 2015. By enlisting or conscripting companies into the fight against human trafficking, child labor, and other “forced” or “coerced” labor practices, these laws introduce a wholly new compliance reality requiring accountability and supply chain compliance.


1967 ◽  
Vol 23 (3) ◽  
pp. 227-250 ◽  
Author(s):  
Richard E. Greenleaf

One of the most important native industries in New Spain, allowed to flourish because of its rational necessity, and given exemptions from restrictive mercantile prohibitions was the obraje, or colonial textile factory. This institution had its origins in the tribute and labor policies of the quasi-feudal economic system imposed by the Spaniard in the decades after the conquests in the Caribbean and on the American mainland. For almost three hundred years clerics and humanitarians protested, viceroys raged, monarchs threatened, a plethora of regulations was issued, inspections were conducted, trials held, fines levied, obrajes were closed, and yet the obraje as an institution survived, and the inhuman conditions of the worker remained unchanged. While the Mexican encomienda system was being shorn of its abuses and gradually deemphasized by the crown, and while the repartimiento system of forced labor for wages was subordinated to a policy of conservation of human resources in the face of a shortage of Indian labor, the Mexican colony was becoming each decade more dependent on the locally-produced textiles, especially the commercial, non-luxury fabrics in everyday use. These were produced in the obrajes.


Author(s):  
Suzanne Hoff

This article calls for an increased use of strategic litigation in the anti-trafficking field to ensure long-lasting systemic reforms. While generally, the prosecution of human trafficking or related severe forms of labour exploitation, like forced labour, is quite challenging and prosecutions and convictions lag seriously behind, it is argued that strategic litigation, meaning continuing legal action, aimed at achieving rights-related changes in law, policy, practice, and/or public awareness, can help to ensure that justice is delivered to victims, as several landmark cases also show. Efforts to counter human trafficking through strategic litigation by NGOs remain in their infancy, among others as they are resource-intensive and require access to experienced lawyers in high level courts. The author discusses some examples and dilemmas and identifies needs for NGOs to use strategic litigation more often as an effective tool to effectuate systemic change.


2018 ◽  
Vol 227 (6) ◽  
pp. 618-623 ◽  
Author(s):  
Simone Sandler ◽  
Kristin Sonderman ◽  
Isabelle Citron ◽  
Mahmood Bhutta ◽  
John G. Meara
Keyword(s):  

2017 ◽  
Vol 13 (1) ◽  
pp. 86-106 ◽  
Author(s):  
Andrew Crane ◽  
Genevieve LeBaron ◽  
Jean Allain ◽  
Laya Behbahani
Keyword(s):  

2020 ◽  
Vol 2 (1) ◽  
pp. 25-34
Author(s):  
Brian Dananjaya ◽  
Lidya Marsaulina

The purpose of this study is to determine and analyze the legal protection of Indonesian citizens working abroad from the perspective of domestic law and international law. The research method used is descriptive research methods and qualitative analysis techniques. The results obtained from this study indicates that human trafficking is a growing human rights problem in the international community, with a focus on prostitution involving women and children. Over time, changing times and increasing demand, human trafficking is no longer only in the field of prostitution, but also used in the form of forced labor, slavery, and the sale of organs. To regulate the protection of migrant workers, the United Nations General Assembly passed Case No. 45/158 in New York on December 18, 1990 which became the legal umbrella by issuing it. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The problem of migrant workers working abroad is currently a special concern of the Indonesian government as a guarantee that the state's goal is to protect the entire nation carried out. Protection in the form of a legal norm from Indonesia and legal entities abroad is an important factor to support the protection of migrant workers. With the direction of international and national law, Indonesian goverments puts out every effort to carry out legal protection optimally.


2018 ◽  
Vol 3 (2) ◽  
pp. 76 ◽  
Author(s):  
Terrica Ramnauth ◽  
Mary Benitez ◽  
Brandy Logan ◽  
Samuel P. Abraham ◽  
Deborah Gillum

Problem: A review of the literature indicated that human trafficking is a worldwide problem and not all nurses in the healthcare setting were adequately trained to identify and care for human trafficking victims.Purpose: The purpose of this study was to further explore nurses’ awareness regarding human trafficking.Method: This quantitative, cross-sectional, non-experimental study with a descriptive design, studied the issue by administering a survey to nurses actively working in the field. The theoretical framework of forced labor and Orem’s self-care deficit nursing theory were used to guide the study. The data were collected using SurveyMonkey®, an Internet-based confidential data-collection tool. The survey contained eight demographic questions and sixteen Likert-type statements. The researchers obtained personal email addresses and used Facebook contacts to send out the survey initially. In this study, a Snowball sampling was used to obtain nurse participants.Results: A total of 166 responses were received from nurses across the United States. The results confirmed that there is a lack of awareness among nurses about human trafficking. An increase in both training and education amongst nurses could increase the number of victims, which go unnoticed, being saved or provided with assistance. Nurses also must be more self-aware about the patients they are encountering and be more observant of signs that look suspicious. The most agreed upon statement by participants was that counseling should be available to people who are affected by human trafficking (M = 3.75, SD = 0.48).


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