#BusinessAndHumanRights

[buzzzblend]

Legal action against Dutch firms for allegedly profiting from forced labour of North Koreans in Polish ship-building compound

La Strada International, with support of Prakken d’Oliveira and the Global Legal Action Network (GLAN) have filed an appeal challenging the Dutch Public Prosecutor’s failure to prosecute two Dutch shipbuilding companies for profiting from North Korean forced labour at their supplier’s shipyard in Poland. The human rights groups argue that the Dutch firms knew or reasonably could have known about the inhumane, slavery like conditions that North Korean workers were subjected to, but still went ahead with ordering ship components. Workers sent to these compounds claimed to have endured years of slave-like conditions, including working between 10 and 13 hours each day; pay confiscated and sent to North Korean regime, and dangerous working conditions.

In December 2021, after a preliminary investigation, the Dutch Public Prosecutor found that it could not be established that the Dutch companies had profited from the forced labour. At the same time the Public Prosecution did acknowledge the systematic exploitation of North Korean workers in Poland by companies supplying to the Dutch shipbuilding industry and that “all elements of the description of the crime of human trafficking [were] met”. Contemporary reports by Polish labour inspectors revealed that health and safety regulations were routinely flouted, resulting in accidents and at least one fatality.

The Dutch companies supervised and were involved in the entire shipbuilding process: from the first drawings to the turn key of the last screw. About 80 North Koreans worked at the Polish shipyard in question, where 90% of the work conducted was for the Dutch market. Deliberately taking advantage of the exploitation of another is criminalized in the Netherlands. Acquiring goods which are known or could have reasonably be known to be produced through a crime like forced labour amounts to the crimes of money laundering and fencing under Dutch criminal law. The inhumane working conditions came to light through a Leiden University investigation and a documentary by Why Slavery.

The appeal with the Court of Appeal in The Hague against the decision not to prosecute the Dutch shipbuilding firms is a potentially groundbreaking complaint. The case highlights significant gaps in labour protections within the EU and the lack of remedies available to affected workers. By taking this case forward, the Netherlands has a clear opportunity to enforce corporate accountability for human rights harms in their supply chains and deliver justice.

The case comes at a time of significant changes in the Netherlands -  with a new due diligence law to be discussed before the Dutch Parliament in January. The case also highlights the need for action at the European level. The European Commission has proposed a EU law on business and human rights due diligence as well as a regulation on prohibiting products made with forced labour from the Union market. In addition, important legislation on human trafficking and victim rights is under review.

[beanactivist]

Dominican of haitian descent are victims of racial discrimination, companies most perform human rights due diligence.

[ladylawyervillage]

The Endless Summer in Lady Lawyer Foundation

While world seems to be burning, summer comes across as never ending

§ June

- Avvocato Michela Cocchi - Studio Legale, LLF partner in various initiatives, submitted its Communication On Progress (COP) "Gratuitousness & Business: Following the Track of Law for Creativity” to United Nations Global Compact (UNGC) https://www.unglobalcompact.org/system/attachments/cop_2017/391061/original/Avvocato_Michela_Cocchi_-_SL___UNGC-COP_2016-2017.pdf?1496867577

- Shooting the Journal of the Artist-in-Residence at LLFashionArchive (LLFA): a fotoromanzo that will be presented on the occasion of next AMACI (Associazione dei Musei d’Arte Contemporanea Italiani) Giornata del Contemporaneo (GdC), October 14th      

- Starting developing the voluntary commitment made for the UN Ocean Conference https://oceanconference.un.org/commitments/?id=14668

§ July

- Selecting the most creative and innovative idea among the ones that were submitted during European Sustainable Development Week (http://www.esdw.eu/events/on-my-wish-list/): on September 25th, Sustainable Development Goals second birthday, it will be awarded a work by the artist collective ‘5, 7, 5 : 8’ hosted within LLFA Artist-In-Residence Program

- American Bar Association (ABA) 2016 Year-in-Review is now out and you can read my contribution sub Regional and Comparative Law, Section Africa - also on the ABA website https://www.americanbar.org/content/dam/aba/administrative/international_law/YIR%202017_cpy.authcheckdam.pdf

-  From July 10th to July 19th, at UN High-Level Political Forum on Sustainable Development “Eradicating poverty and promoting prosperity in a changing world” (https://sustainabledevelopment.un.org/): for more info about LLF partnerships, please see https://sustainabledevelopment.un.org/partnership/search/?menu=1629&str=Lady+Lawyer+Foundation

- Defining the roadmap for integrating Law for Creativity (L4C) research into the assessment of LLFA collection: publication is forthcoming  

§ August

-  From August 23rd to August 31st, LLF hosted the first edition of LL Ephemeral Utopia. The initiative was kept confidential, and we need to wait until Autumn to find out where, what, why, who, how, reading the reportage Clotilde I. Dolci is preparing - you can follow her on https://medium.com/@ClotildeIDolci and https://twitter.com/clotildeidolci. Just a key-concept as a preview: transmuting instability into progress implies to challenge norms, rules, laws to benefit society          

§ Staying the course

- At work on the Call upon lawyers to submit practices projects related to legal profession: call closed and projects have been selected. Blueprint will be presented next December 10th, celebrating UN Human Rights Day   https://medium.com/@MichelaCocchiSL/it-is-summer-solstice-c6cbd5b15193  

- In accordance with the UN General Assembly resolution 71/280 on the modalities for the intergovernmental negotiations of the global compact for safe, orderly and regular migration (http://refugeesmigrants.un.org/migration-compact), the preparatory process - within which LLF has been enclosed in the list of non-governmental organizations, civil society organizations, academic institutions, private sector entities, diaspora communities and migrant organizations that have been approved to attend and participate - is continuing (http://refugeesmigrants.un.org/thematic-sessions)

- On September 4th, "Lady Lawyer Foundation _ Bilancio 2016" was published: https://ladylawyervillage.tumblr.com/

...And the beat goes on ♪ ♫ ♪ ♫♪ ♫ ;-)

Comments and suggestions always welcome, and always with gratitude for wonderful treasure-trove of wisdom, knowledge, skills

[ladylawyervillage]

La mia Lista dei Desideri _ On my Wish List

ho un solo desiderio per l’anno che verrà: libertà di proprietà dei nostri diritti

imagining what next year will bring, I make only one wish: instigating freedom of property in our rights

***

Tema-chiave per il 2017: Acqua

2017 key-theme: Water

in accordo con gli impegni presi nell’ambito delle iniziative delle Nazioni Unite quali:

consistent with our commitments to the related UN’s initiatives as:

- Business Alliance for Water & Climate Change (@ https://wateractionhub.org/cop21-declaration/) - Caring for Climate ( @ http://caringforclimate.org/about/list-of-signatories/. See also http://caringforclimate.org/) - Paris Pledge for Action (@ http://www.parispledgeforaction.org/whos-joined/. See also http://www.parispledgeforaction.org/) - We Mean Business (@ http://www.wemeanbusinesscoalition.org/take-action/commit-improve-water-security and http://www.wemeanbusinesscoalition.org/take-action. See also http://www.wemeanbusinesscoalition.org/)   - Green Industry Platform (@ http://www.greenindustryplatform.org/?page_id=300. See also http://www.greenindustryplatform.org/)

*** 

Attività imminenti:

Forthcoming activities:

- On 2017, January 12th _ Internal Presentation of MidYear Report as United Nations Global Compact (UNGC) participant, focusing on the results of last year activities in the perspective of Nairobi Second High-Level Meeting of the Global Partnership for Effective Development Co-operation Outcome Document.  

- On 2017, January 26th _ Sharing Law for Creativity (L4C) Executive Summary with stakeholders community at large.

- On 2017, February 9th-12th, Athena Film Festival (AFF), Barnard College, New York City. Proud organizational partner of! @ http://athenafilmfestival.com/get-involved/organizational-partners/. Now in its seventh year, AFF is an engaging weekend of feature films, documentaries and shorts that highlight women’s leadership in real life and the fictional world.   The four-day festival, which includes conversations with directors and talent and workshops for filmmakers, has quickly established itself as one of the most prestigious festivals of its kind. Please visit http://athenafilmfestival.com/.

- On 2017, February 23rd _  Internal Presentation of Report related to commitments made at 2016 Istanbul UN World Humanitarian Summit @ http://www.agendaforhumanity.org/explore-commitments/indv-commitments/?combine=Michela+Cocchi#search

[ladylawyervillage]

An Update on Law for Creativity([2]): a Version of Serendipity

[ladylawyervillage]

In vista del prossimo Leaders Summit del Patto Globale delle Nazioni Unite (sul Patto Globale delle Nazioni Unite: v. https://www.unglobalcompact.org), che si terrà a New York il 22 e 23 Giugno 2016 (sul Leaders Summit, v. https://www.unglobalcompact.org/take-action/events/411-un-global-compact-leaders-summit-2016), Avvocato Michela Cocchi – Studio Legale, che partecipa all’iniziativa dal 2009, presenta la sua relazione sull’attività con due mesi di anticipo rispetto al previsto termine dell’11 Agosto 2016 (v. https://www.unglobalcompact.org/participation/report/cop/create- and-submit/advanced/243781), ancora una volta mantenendo i requisiti per rientrare fra i partecipanti di Livello Avanzato (per la lista delle organizzazioni partecipanti a livello avanzato al Patto Globale delle Nazioni Unite, v. https://www.unglobalcompact.org/docs/communication_on_progress/cop-key-facts-2015.pdf).

In view of 2016 United Nations Global Compact - UNGC Leaders Summit (please, see https://www.unglobalcompact.org), that will be held in New York on June 22 e 23 Giugno (please, see https://www.unglobalcompact.org/take-action/events/411-un-global-compact-leaders- summit-2016), Avvocato Michela Cocchi – Studio Legale that has participated in the initiative for 2009 presents its Communication-On- Progress - COP (please, see https://www.unglobalcompact.org/participation/report/cop/create-and-submit/advanced/243781), once again complying with GC Advanced Level Criteria (please, see https://www.unglobalcompact.org/docs/communication_on_progress/cop-key-facts- 2015.pdf).

[ladylawyervillage]

Lady Lawyer Foundation 2016, April 18 Report has just been released!