Minding the gap? Blind spots in the ILO's and the EU's perspective on anti-forced labour policy

Abstract

This article critically examines the EU's recent proposal to ban products made with forced labour from its market, which adopts the ILO's definition of ‘forced labour’ as outlined in the Forced Labour Convention of 1930 (No. 29). The authors argue that the EU's endorsement of the ILO's approach is problematic due to two flawed assumptions: (1) the definition of ‘forced labour’ is universally accepted across the EU, and (2) it is well-suited to combat forced labour in contemporary supply chains. Through an analysis of ongoing debates between the ILO and its Member States, the article demonstrates a lack of consensus regarding the interpretation of the Convention, particularly in the context of hybrid public-private prison labour arrangements. Furthermore, introducing a new Hybrid Multi-Dimensional (HMD) model for analysing contemporary prison labour practices, the article reveals blind spots in the ILO's approach that may inadvertently allow the incorporation of prison labour into supply chains, contrary to the EU's objectives. The article argues that the EU's unequivocal endorsement of the ILO's definition disregards these fundamental issues and may hinder the effective implementation of its proposed ban. The authors suggest that the HMD model offers a more comprehensive framework for analysing the complex realities of modern prison labour and could provide a roadmap for resolving the ILO-States debate. The article concludes that the EU should reconsider its wholesale adoption of the ILO's approach in light of the HMD model's insights in order to fulfil the objectives of its proposed forced labour product ban.