Last week, the Winter Olympics began in China. This traditionally exhilarating event for many sports fans is taking place this year in the context of multiple controversies.
The media have reported on this on several occasions, and the data available today is disturbing: it is estimated that around 1.8 million people, mainly Uighurs, have been placed in detention camps, prisons and factories by the Chinese government. We are talking here about a form of genocide, a term recognized by the House of Commons in 2021 and by the French Parliament on January 20.
We believe that Canada could play a role in stopping these abuses by going well beyond a simple diplomatic boycott of the Winter Olympics.
Reinforced customs mechanisms
Last December, in the United States, Democrats and Republicans united to pass a law prohibiting the import of goods from Xinjiang, the area where the concentration camps mentioned are located. This is a historic legislative consensus in the face of a situation deemed unacceptable.
On the Canadian side, the measures put forward by the federal government in recent months seem to be ineffective. For the time being, they take the form of advice, voluntary disclosure initiatives on the part of companies that do business with this region in China.
Mention is also made of the application of a law prohibiting the importation of goods resulting in whole or in part from forced labour. However, these measures have little effect and do not go beyond the stage of declaration of intent.
Indeed, at the end of 2021, Canadian whistleblowers informed us that, despite the existence of a written “ban” on the importation of goods resulting from forced labor, in fact, the Canada Border Services Agency n does not apply any control, thereby leaving this legislation without effect. We consider that it is time to systematize these border controls in order to block the importation of goods resulting from the forced labor of the Uighurs. The objective is to send a clear message. The effectiveness of such an approach also requires the prior establishment of a public list of Chinese suppliers “to be banned”, based on information that is already known internationally.
Consecrate a duty of vigilance
In addition to the action of border services, it is time to hold Canadian businesses more clearly accountable throughout their value chain. We believe it is essential to give preference to suppliers who set up decent working conditions for their employees. In order to support Canadian businesses that are currently making efforts and seeking to stand out positively, the federal government should impose on all large businesses the obligation to demonstrate that they are taking precautions and therefore a due diligence process. Due diligence is the process by which companies are obliged to identify, prevent, mitigate and report on their negative impacts.
An ambitious law on due diligence would require large companies to take the necessary guarantees to minimize the social and environmental impacts of their value chain and to report regularly on their practices. However, we observe that many companies, associations and investors share this point of view and demand a better balance between the protection of people’s rights and international economic laissez-faire.
If due diligence seems to us an ambitious principle, remember that it already exists in other forms in Europe. France and Germany legislated in 2017 and 2021 on the duty of vigilance, requiring companies to take precautions upstream, such as the obligation in France to provide public authorities with a vigilance plan on the part of companies to more than 5000 employees. France and Germany have even given national judges the ability to sanction large companies and their subsidiaries that violate human rights abroad. The European Commission could go in the same direction and impose on the 28 European countries to integrate a duty of vigilance into their law to better supervise companies.
Unquestionably, Canada is lagging behind on this subject. Indeed, Canadian companies can do business with production units that use forced labor without great risk of sanction. This reality undermines our democratic ambitions, in addition to creating great discomfort in a civil society that is increasingly aware of the impacts of globalization.
We have written to Prime Minister Justin Trudeau and his ministers to explain our desire to see a more ambitious legislative framework put in place. We also wrote to M.me LeBel and M.me Girault, provincial ministers, to make them aware of public service procurement practices.
* The Grouping for Corporate Social Responsibility (rrse.og) brings together religious communities, organizations and committed individuals. Founded in 1999, this NPO works for business and investment practices consistent with the imperatives of social justice and respect for the environment.