Buying power and human rights in the supply chain: legal options for socially responsible public procurement of electronic goods

Abstract

Abstract:Several scandals involving well-known electronics brands have highlighted the exploitative and unsafe conditions under which many workers operate in the industry's long and complex supply chains. As large-scale consumers of electronic goods public buyers potentially hold significant leverage over the behaviour of their suppliers through their buying power. Consequently, public procurement has the potential to be a significant influence on these supply chains and ultimately the human rights of those working in them. This article critically assesses legal options for the promotion of social considerations in the supply chain, considering in particular the potential of the EU legal regime for public procurement as a tool for improving working conditions and human rights in the electronics industry supply chain.

Human Rights Risks in Global Supply Chains: Applying the UK Modern Slavery Act to the Public Sector

“…Global production of goods is organised in complex global supply chains (GSCs) which involve hundreds of suppliers (companies) scattered around the globe and connected through advanced information and communication technologies. (Locke, ; Martin‐Ortega et al ).…”

“…However, when referring to SPP there is a strong focus on environmental impact and applying environmental policies. Recently, the potential for public procurement to positively influence working conditions in GSCs is being explored (Martin‐Ortega et al, ; Methven O'Brien et al, ; Outhwaite and Martin‐Ortega, ). An increased awareness and responsibility to consider human rights and working conditions when procuring goods by public buyers has a great potential to transform not only public buying but also conditions in GSCs, by creating market demand for responsibly manufactured goods.…”

“…As mentioned, public procurement has been used to promote social inclusion and the employment of disadvantaged groups, as well as for the achievement of environmental sustainability goals for a long time. New developments have made regulatory regimes more receptive to the insertion of social conditions in procurement processes, including the new EU normative framework (Martin‐Ortega et al, ; Methven O'Brien et al, ; Outhwaite and Martin‐Ortega, ). The UK has had a strong tradition of sustainable procurement.…”

Special issue on business conduct and human rights in global value chains

“…Concerns with such impacts and risks have led to the emergence of several hybrid codes with strong human rights elements, as well as requirements on production chain transparency and the evolution of new products (such as Fairphone, a smartphone brand that aims to control against adverse impacts in the production process and reduce environmental impacts of waste (Martin-Ortega et al, 2015)). Simultaneously, the user-chain of IT products has raised concerns about privacy and corporate as well as state surveillance.…”

Advancing Respect for Labour Rights Globally through Public Procurement

“…In this article we continue to address this gap (MartinOrtega, Outhwaite, & Rook, 2015;Methven O'Brien & Martin-Ortega, 2017;Methven O'Brien, Mehra, & Vander Meulen, 2016;Outhwaite & Martin-Ortega, 2016; see also Barnard, 2013;De Schutter, 2014;Northern Ireland Human Rights Commission, 2013;Stumberg et al, 2014) with a focus on public procurement's place in the international trade regime and its potential role as a complement to social clauses in trade agreements. Section 2 considers legal definitions of public procurement and distinguishes primary and secondary aims of procurement under key international and regional procurement regimes, namely the WTO Plurilateral Agreement on Government Procurement (GPA), the Model Law on Public Procurement of the United Nations Commission on International Trade Law (UNCITRAL) and the European Union's procurement Directives.…”