The Rise of Human Rights Due Diligence (Part III): A Deep Dive into Adidas’ Practices - By Shamistha Selvaratnam

Editor’s note: Shamistha Selvaratnam is a LLM Candidate of the Advanced Masters of European and International Human Rights Law at Leiden University in the Netherlands. Prior to commencing the LLM, she worked as a business and human rights solicitor in Australia where she specialised in promoting business respect for human rights through engagement with policy, law and practice.

 

The tragic collapse of Rana Plaza in Bangladesh in 2013, which killed over one thousand workers and injured more than two thousand, brought global attention to the potential human rights risks and impacts that are inherent to the garment and footwear sector.[1] This sector employs millions of workers within its supply chain in order to enable large-scale production of goods as quickly as possible at the lowest cost as market trends and consumer preferences change.[2] These workers are often present in countries where the respect for human rights and labour rights is weak. This creates an environment that is conducive to human rights abuses. Key risks in this sector include child labour, sexual harassment and gender-based violence, forced labour, non-compliance with minimum wage laws and excessive work hours.[3] Accordingly, brands such as Adidas face the challenge of conducting effective human rights due diligence (HRDD), particularly in their supply chains. 

This third blog of a series of articles dedicated to HRDD is a case study looking at how HRDD has materialised in practice within Adidas’ supply chains. It will be followed by another case study examining the steps taken by Unilever in order to operationalise the concept of HRDD. To wrap up the series, a final piece will reflect on the effectiveness of the turn to HRDD to strengthen respect of human rights by businesses.

 

Company Background

Adidas Group (Adidas) is an apparel, footwear and sporting goods company that is headquartered in Germany. As a business it designs, markets and sells consumer goods globally. Adidas has more than 2,300 retail stores, 14,000 franchise stores and 150,000 wholesale distributors, as well as an online store.[4] It employs more than 57,000 people and produces over 900 million products globally.[5]

Given that it outsources most of its production, it has a complex and large scale supply chain, with approximately 700 independent factories that manufacture products in over 50 countries.[6]  Its supplier factories by region as at 2016 are depicted in the image below. Its top sourcing countries are China, Vietnam and Indonesia.[7]

 

Source: Adidas Sustainability Progress Report 2016, p 61.

 

Adidas has both direct suppliers and indirect suppliers (i.e. material and other service providers that supply goods and services to Adidas’ direct suppliers; licensees which manage the design, production and distribution of specific products to Adidas; and agents that act as intermediaries and determine where products are manufactured, manage the manufacturing process and sell finished products to the group). Approximately 75% of its total sourcing volume comes directly from its supply chain, with the other 25% coming from agents or made under licence. The manufactured products are sold in over 100 markets.[8]

Adidas states that it supports the UNGPs and it is a ‘long time adherent’ to the OECD Guidelines. It considers that the corporate responsibility to respect human rights is a ‘global standard of expected conduct for all business enterprises’ and it states that it has ‘incorporated key elements of the [UNGPs] into its general practice in managing the human rights impacts of its business.’

Adidas’ general approach to human rights is firstly to strive ‘to operate responsibly and in a sustainable way along the entire value chain’, and secondly to safeguard the rights of its employees and those that work in its manufacturing supply chains. HRDD is a key part of this approach. Given the extensive nature of Adidas’ supply chains, it has taken a targeted approach to HRDD by focusing on mitigating and remediating issues that arise in high-risk locations, processes and activities.[9] It also imposes ‘cascading responsibilities’ on its business partners in order to ‘capture and address potential and actual human rights issues upstream and downstream’.[10]

Adidas’ Social and Environmental Affairs team (SEA Team) is tasked with, inter alia, ensuring compliance with the Workplace Standards within Adidas’ supply chains (discussed in further detail below). The Team consists of approximately 70 individuals, including engineers, lawyers, HR managers and former members of NGOs. It is organised into three regional teams covering Asia, the Americas and Europe, Middle East and Africa. The Team collaborates with other functions within Adidas, including Legal and Human Resources. The Team works collaboratively with other functions, including Legal, Sourcing and Human Resources. It engages directly with suppliers, governments and other external stakeholders as and when required.

 

Identification and Assessment of Risks

Adidas engages in a range of processes to identify and assess its human rights risks and impacts on a continuous basis within its supply chains. Adidas’ SEA Team engages commissioned third party experts and independent audits as part of this process where necessary.[11]

Adidas completes annual Country Risk Assessments (CRAs), which are not publically available, in the countries in which it sources products whereby it reviews the salient human rights issues and risks in a particular country. CRAs are informed by various people, including Adidas’ field teams, its engagement with local stakeholders, concerns raised by international NGOs, as well as an examination of regional human rights reports (as necessary). The risks identified in these CRAs inform its priorities and guides its prevention and mitigation strategies, particularly in relation to its supply chain monitoring.

Entry into new countries

Where Adidas plans to enter a new sourcing country, in-depth assessments are normally undertaken over a period of one to two years. The process involves engagement with government departments, international agencies and civil society groups to determine country level risks and issues. This process informs whether Adidas should or should not enter a particular country, as well as whether additional processes should be undertaken to safeguard against particular adverse human rights impacts that are common within a country arising within Adidas’ supply chains.

Engaging with new suppliers

All new supplier relationships must be disclosed to Adidas’ SEA Team for approval.

The process followed by Adidas when considering entering into direct supplier relationships is illustrated below.

Adidas conducts an initial assessment, which consists of a document check whereby prospective suppliers are assessed against the Workplace Standards (discussed below) and may include a factory visit. As stated in Adidas’ Enforcement Guidelines, Adidas checks prospective suppliers against a set of zero tolerance issues (e.g. prison labour, repetitive and systematic abuse, life-threatening health and safety conditions)[12] and threshold issues (e.g. fraud and exploitation issues, serious labour issues).[13] Zero tolerance issues are severe breaches that ‘may threaten the lives or well-being of workers, suppress fundamental rights, or result in irreparable damage to the environment’, whereas threshold issues are ‘those types of breaches or workplace issues which are considered to be extremely serious in nature, requiring enforcement action to be taken against existing suppliers.’[14]

Where a zero tolerance issue exists, Adidas will reject a relationship with that particular prospective supplier, whereas where a threshold issue exists, if the issue can be fixed, a prospective supplier will be given a timeline to rectify the issues. If they are found to have improved after a subsequent check, they will be approved.[15] In 2018, Adidas conducted initial assessments of 221 factories. As a result, approximately 25% were rejected directly after the initial assessment due to the presence of zero tolerance issues or after a second visit due to the presence of threshold issues that they failed to rectify between the initial and subsequent visits.[16]

With respect to Adidas’ indirect supply chain, external audit firms are commissioned to carry out initial assessments. Adidas provides detailed guidance to these external monitors so that assessments are carried out in a consistent manner. Where these assessments identify the need for remediation processes, the SEA team oversees them.[17]

Once a supplier, agent, licensee or subcontract has been approved, they enter into a formal legal agreement (e.g. manufacturing agreement). Adidas’ Workplace Standards are an integral part of such agreements – parties are contractually bound to uphold the Workplace Standards and act in a manner that safeguards human rights, workers’ employment rights, safety and the environment. They are also required to assist in identifying issues as and when they arise.[18] Suppliers are encouraged to share the Workplace Standards with their subordinate relationships, including external service providers. Additionally, Adidas incorporates human rights-related clauses into its direct supplier contracts, as well as clauses relating to labour, workplace health and safety and the environment.

Engaging with existing suppliers

Once direct suppliers have been approved and have entered into a contractual relationship with Adidas, Adidas monitors their compliance through auditing, factory visits, worker feedback mechanisms, partnerships with external organisations (such as ILO Better Work, the Bangladesh Accord and the Fair Labor Association) and stakeholder outreach, including engagement with government regulators, unions, employer federations, workers and civil society groups at the country level. This process enables Adidas to monitor its supply chain risk to ensure that its suppliers manufacture in a socially and environmentally responsible manner.[19]

The CRAs that Adidas conducts results in the categorisation of countries as either high or low risk, factories located in high-risk countries are more likely to be audited regularly (the full list of countries by category is not publicly available). Factories located in low-risk countries are excluded from Adidas’ audit coverage.[20] Factories are assessed based on their commitment to and performance against the Workplace Standards. During 2018, Adidas conducted 546 factory visits in order to engage to ‘improve working conditions and … empower workers’[21], and 1,207 social compliance audits and environment assessments. Additionally, for suppliers that were considered to be ‘compliance mature’ 102 self-governance audits and collaboration audits were conducted, which were reviewed by Adidas. 

Where non-compliances are identified, if the relevant issue is a zero tolerance issue a warning and potential disqualification of a supplier will be triggered. If the relevant issue is a threshold issue, Adidas will see whether the issue can be addressed in a specified timeframe through remedial action. It may also take enforcement action against the supplier, which includes the termination of the relationship, stop-work notices, third party investigations and warning letters. In 2018, Adidas issued a total of 39 warning letters across 16 countries, and terminated agreements with one supplier on the basis that it refused to grant the SEA team access to audit the factory.[22]

The top 10 labour and health and safety non-compliance findings during the 2018 audits are depicted in the image below.


Source: Adidas Annual Report 2018, p 99.

External monitors that have been approved by Adidas audit indirect supply chain factories that work with Adidas’ licensees and agents. Audits are conducted at least once a year, but will be conducted more frequently when additional follow up assessments are required to monitor remedial action.

Adidas has also implemented a Crisis Protocol so that business entities and factories can report on high-risk issues, which in turn inform Adidas’ site visits, audits and engagement with the business entities and factories.[23]

Stakeholder Engagement Channels

Adidas’ Stakeholder Relations Guidelines define its stakeholders as ‘those people or organizations who affect, or are affected by, [its] operations and activities.’ Its stakeholders include employees, shareholders and investors, authorisers (e.g. governments and trade associations), business partners (e.g. unions and suppliers), workers in supplier factories, customers and opinion-formers (e.g. journalists and special interest groups). Adidas claims to utilise stakeholder engagement in order to identify human rights risks and impacts through its supply chains. In order to obtain the views of these different stakeholders, frequent forms of engagement utilised by Adidas include stakeholder consultation meetings with workers, NGOs and suppliers, meetings with investors and Socially Responsible Investment analysts, employee engagement surveys and programmes, responding to inquiries from consumers and the media and participating in multi-stakeholders initiatives (e.g. the Better Cotton Initiative). Adidas aims to ensure that its engagement is balanced and inclusive.

Adidas captures and addresses complaints from third parties through its third party grievance mechanism. The mechanism allows third parties directly affected by an issue, including workers within its supply chains, to raise complaints. Complaints may be raised in relation to violations of Adidas’ Workplace Standards, or any potential, or actual, breach of human rights linked to Adidas’ operations, products or services. As part of this, Adidas also has an SMS hotline in the countries in which it sources its products so that workers can voice their concerns in an easy manner. From 2014 to 2018, Adidas has received a total of 52 complaints relating to labour and human right concerns by third parties. Third parties may also lodge complaints through the Third Party Complaint Process of the Fair Labor Association and the OECD National Contact Point for Germany.

Additionally, Adidas’ SEA Team regularly meets and interviews supply chain workers and tracks feedback from independent worker hotlines and from its suppliers’ own internal complaint systems.

Identified risks

Through the processes set out above Adidas has identified various human rights risks in its supply chains. Salient human rights risks include: freedom of association and collective bargaining, working hours, health and safety, fair wages, child labor, forced labor, resource consumption, water (including chemical management), access to grievance mechanisms, diversity, mega sporting events, procurement, product safety, as well as data protection and privacy security. 

Other risks identified include right of assembly, freedom of expression, migrant workers, human trafficking, discrimination, Indigenous peoples’ rights, occupational health and safety and environmental pollution.[24] A number of these risks are common to the garment and footwear industry as noted by the OECD Guideline on Responsible Supply Chains in the Garment and Footwear Industry.

Integrating and Acting

Adidas feeds the findings from the identification and assessment processes set out above into its active programmes and they drive prevention and mitigation measures.

The SEA Team reports risks identified in Adidas’ supply chains to executive management on a monthly basis.[25] Reporting highlights the critical issues, investigations and remedial efforts taken with respect to Adidas’ direct and indirect supply chains. This is the ‘primary vehicle through which human rights concerns are shared with senior management and reported progress is tracked’.

Where adverse human rights impacts occur, Adidas seeks to remediate those cases. Corrective Action Plans (CAPs) are put in place, which set out the remedial action, the responsible party and a timeframe to complete that action. The supplier’s specific proposals in the CAP are then tracked and the appropriate documentation, or remedial action(s), reviewed to close-out the non-compliances. CAPs are normally developed through engagement with the suppliers, to define expectations and negotiate appropriate timelines.[26]  The SEA Team closely monitors the development and implementation of CAPs through follow-up audits and record progress and verification status. 

In the past, Adidas has examined and remediated instances of ‘forced labour, child labour, freedom of association, right of assembly, freedom of expression, discrimination, indigenous people’s rights, occupational health and safety, resource consumption and environmental pollution’.[27] It has also dealt with specific cases where workers have been subject to arbitrary arrest and detention and reached out to judicial authorities where human rights defenders have also faced arrest and detention for supporting worker’s rights. It has petitioned governments for their failures in enforcement, particularly in relation to the right to form and join trade unions and the upholding of statutory minimum wages.[28]

In order to prevent adverse human rights impacts from occurring, Adidas binds its suppliers to its Workplace Standards. It continuously monitors those suppliers in which it has a direct contractual relationship and assesses their performance against the Workplace Standards. Adidas also engages in capacity building to strengthen its suppliers’ internal governance and management systems in order to reduce the potential for adverse human rights impacts. With respect to its indirect supply chain, Adidas places expectations on its primary business partners to engage and apply its Workplace Standards.

With respect to grievances raised, in cases where Adidas has caused or directly contributed to the violation, it will seek to prevent or mitigate the chance of the impact occurring or recurring. If an adverse impact is occurring, Adidas will engage actively in its remediation – this may involve site visits, audits or other engagement with a business entity or factory.[29] Where Adidas has neither caused nor directly contributed to a violation, it will encourage the business entity that has caused or contributed to the impact to prevent or mitigate its recurrence.

 

Tracking

Adidas monitors and evaluates the effectiveness of its response to human rights risks and impacts.

Adidas’ Internal Audit team conducts periodic assessments to evaluate the effectiveness of individual departments and programs, with defined timelines for corrective actions. It reports directly to the CEO and Supervisory Board. As part of this, it evaluates the effectiveness of Adidas’ social compliance monitoring system and human rights due diligence processes and their alignment with policy commitments.

Adidas’ social compliance program is subject to annual third party audits and public disclosure of tracking charts by the Fair Labor Association (available here), to determine whether supplier-level remediation is being effectively managed by Adidas. The Fair Labor Association also undertakes a periodic accreditation process whereby it evaluates all elements of Adidas’ labour and human rights work.[30]

For its direct supply chain, Adidas utilises social and environmental KPIs to assess the effectiveness of its suppliers’ systems to protect labour rights, worker safety and the environment. For its licensee partners and agents that manage its indirect supply chain, Adidas uses a scorecard that evaluates and scores a business entities performance in applying its Workplace Standards and associated guidelines. KPIs and scorecards assist Adidas to determine strategic suppliers and influence sourcing decisions. However, it is unclear as to how KPIs and scorecards influence such decisions and the extent to which they do so. Further, both factories and business entities and licensees are required to prepare strategic compliance plans on a regular basis outlining their strategies to meet Adidas’ Workplace Standards. Adidas’ SEA team uses these plans to monitor the commitment and compliance practices of its direct and indirect supply chains.[31]


Communicating

Adidas claims to have regular contact with a diverse range of stakeholders, including vulnerable groups, workers in supply chains, local and international NGOs, labour rights advocacy groups, human rights advocacy groups, trade unions, investors, national and international government agencies, and academics. The stakeholders that Adidas engages with depend on the specific issues and trends at the time. It uses its network to pinpoint areas for dialogue and the applicable parties to engage with. It then prioritises stakeholders depending on action radius, relevance, risk, willingness and capacity to engage. The frequency of dialogue can range from monthly to quarterly or annually.

Adidas utilises various channels to communicate its human rights impacts, policies and approaches, including:

  • annual Sustainability Progress Report;
  • annual Modern Slavery Statements;
  • individual stakeholder meetings and correspondence;
  • structured stakeholder dialogues;
  • public statements;
  • collaborative engagements with NGOs;
  • multi-stakeholder and partner organizations; and
  • one-on-one worker interviews and meetings.

It also uses FAQs and blogs, as an accessible and understandable way for the public and its internal staff, to grasp its human rights work and specific programme initiatives related to worker rights, safety and the environment.[32] Other vehicles for stakeholder engagement include purpose-built fora such as the OECD Advisory Panel for embedding of Business & Human Rights Due Diligence practices into the Apparel and Footwear sector, the Bali Process Business and Government Forum and the Bangladesh Accord.[33]

Adidas seeks to define and tailor the appropriate level of communications needed for a given target audience. For example, with respect to trade unions, it is Adidas standard protocol that its local monitoring staff engage with the factory-level trade union officials or relevant worker representatives to cross check issues that arise during its compliance audits and discuss the necessary remedial actions that the supplier has to follow-up on.

To ensure clear and effective communications with local stakeholders, affected communities and other vulnerable groups, the SEA Team has embedded local staff in Adidas’ key sourcing countries. The team operates in 18 languages, but employs translators where needed for special investigations, stakeholder outreach or communicating outcomes or mechanisms to improve human rights impacts. For example, Adidas has contracted Arabic translators in Turkey to support its communications with Syrian refugees at risk of exploitation in the supply chain. With respect to complaints, phone calls and direct face-to-face meetings will be used to capture issues and provide feedback. Adidas publishes high-level information regarding the status and resolution of complaints through its third party grievance mechanism on its website (see, for example, a summary of the third party complaints handled by Adidas in 2018 here).

The Gaps Between Paper and Practice

As stated at the outset, brands within the apparel and footwear sector face a plethora of challenges in conducting effective HRDD given the human rights risks inherent in their supply chains. Adidas itself has acknowledged that effective HRDD remains a ‘primary challenge’ of the business, given the ‘breadth and depth of [its] business, which includes tens of thousands of business relationships along a value chain that stretches from smallholders, farming cotton, to the final point of sale in a retail store.’ Nonetheless, Adidas is considered to have leading HRDD practices globally, not only in the apparel sector, but also across the sectors that have been benchmarked to date.[34]

What is clear from a review of Adidas’ human rights approach is that it recognises its responsibility to respect human rights and has sought to take steps to fulfil this obligation along its entire value chain. As part of that, it has developed over a period of over 20 years extensive HRDD practices fleshing out its commitment to upholding human rights.[35] Adidas’ HRDD practices seek to properly identify and assess the human rights risks and impacts that arise in its supply chains, and prevent and mitigate those risks through engagement with suppliers and stakeholders.

Despite this strong commitment and extensive HRDD processes and procedures in its supply chains, Adidas’ human rights track record is not perfect. Over recent years Adidas has featured in headlines where it has been demonstrated that human rights issues exist in its supply chains. Many of these issues relate to the wages paid to its supply chain workers. In 2014, the Clean Clothes Campaign (CCC) released a profile on Adidas with respect to its practices regarding workers’ living wages. The profile noted that while Adidas was assessing its wages practices across Asia, ‘it [was] still not willing to define what a living wage means in its business’ and had passed on responsibility for wages in supplier factories to factory owners. The CCC called on Adidas to ‘engage in identifying a living-wage figure and changing pricing in order to enable its payment.’ This call to action came after workers in factories that supply to Adidas went on strike in Asia.

In 2014, there was a nationwide strike in Cambodia calling for an increase of the minimum wage for garment workers. Shortly before the strike the CCC reported that the minimum wage in Cambodia at the time did not allow workers to meet their living costs in housing, food, clothing, education, transport and healthcare. During a crackdown in Cambodia, five workers were shot dead and 30 others were injured. Following this event, Adidas backed the development of a minimum wage review mechanism for garment workers. Also in 2014, workers at the Yue Yuen shoe factory in China, an Adidas supplier, went on strike over social security payments and housing fund contributions. In response, Adidas moved some of its orders from the factory in order to ‘minimize the impact on [its] operations’. It did not sever ties with the factory given that ‘China is, and will continue to be, a strategic sourcing country for [it].’ Again in 2015 workers from the same factory went on strike due to changes in its production process, resulting in workers demanding an immediate payout of their housing fund. No information on Adidas’ response to this issue has been located, however, Reuters reported that Adidas did not immediately respond to its request for comment.

The payment of low wages to workers was more recently raised in June last year where Adidas was accused of ‘foul play’ by paying thousands of female workers within its supply chain low wages in order to prepare football shirts and shoes for the Football World Cup that year. In their report, Éthique sur l’étiquette and the CCC compared the costs of Adidas’ current production with that in the 1990s and found that the costs paid to workers had decreased by 30%. Noting that a large proportion of Adidas production occurs in Indonesia, it found that the wages paid to female workers was not sufficient to cover their basic needs, with some women not even receiving the minimum legal wage. The report stated that:

If … Adidas had paid the same amount of dividends in 2017 as they did in 2012, or maintained the level of marketing/sponsorship spending, the resulting proceeds would have allowed for living wages to be paid throughout their entire supply chain in China, Indonesia, Vietnam, and Cambodia.

Outside Asia, concerns were also raised in 2016 in relation to the treatment and serious exploitation of Syrian refugees in Turkish supplier factories, including sexual abuse and child labour. As a result, Adidas was called upon by the Business and Human Rights Resource Centre to respond to these concerns by completing a questionnaire, Adidas’ response to the questionnaire outlined its policies and procedures with respect to employing Syrian refugees and their treatment in supply chains, noting that it does not have any Syrian refugees working for any of its five Turkish first tier Turkish suppliers.

Similarly concerns were also raised in 2016 and 2017 in relation to the poor working conditions in shoe supply chains in Eastern Europe (see for example the CCC’s reports titled ‘Labour on a Shoe String’ and ‘Europe’s Sweatshops: The results of CCC’s Most Recent Researches in Central, East and South East Europe’). Adidas was again called upon by the Business and Human Rights Resource Centre to respond to a series of questions regarding its efforts and work in the area of sustainability and social responsibility, precisely on sourcing policies with regard to Eastern Europe. In its 2016 response, Adidas defended its engagement with leather tanneries stating that it has ‘a well-tested human rights due diligence process, one which considers the severity of country and industry-level risks within our global supply chain.’ However, it also noted that the sourcing of raw hides and finished leather has been identified as a ‘priority area for further assessment and [its] deeper involvement’. With respect to its footwear manufacturing in Eastern Europe, Adidas stated that ‘more should be done to improve wages’ and ‘engagement between local suppliers, unions, governments, and buyers’ is critical to improving the lives of workers. It did not, however, outline what actions it would take to improve worker wages. In its 2017 response, Adidas set out its general approach to ensuring fair wages in its supply chain and provided an example of the processes it has followed to set wages in Georgia and the Ukraine.

Conclusion

The instances of human / labour rights abuses detailed above demonstrate that despite Adidas’ comprehensive HRDD process, there are failings and gaps in that process that create space for human rights violations to occur in its supply chains. It also shows that the paper-based process detailed in this blog has imperfections in practice that need to be ironed out. Literature has demonstrated that there are often considerable discrepancies between HRDD processes on paper and in practice, highlighting gaps in supply chain governance. For example, Genevieve LeBaron has found through her research on ethical audits and the supply chains of corporations, businesses have ‘claimed supply chain monitoring for themselves’ by using audits as a way to ‘preserve their business model and take responsibility for supply-chain monitoring out of the hands of governments.’ As such, they have been able to avoid ‘stricter state and international regulation’ and to take steps to ensure they are perceived as responsible companies. However, while this is benefiting businesses by giving the impression that businesses are taking active steps on the journey to respect human rights, it is failing workers in supply chains. Human rights violations such as labour abuses are still widespread within supply chains. Therefore, in order to avoid going down this path, businesses need to engage with the issues that are arising in their supply chains, consider the root causes of those issues and make adjustments to HRDD processes.

This review of Adidas’ HRDD process and the gaps identified between the process in theory and in practice raises a number of interesting questions. For example – What precise aspects of Adidas’ identification of risks process are not living up to their expectations allowing human rights violations to continue to occur in its supply chains? What steps are Adidas taking in order to continuously improve its HRDD process? To what extent does Adidas look to or gain inspiration from the practices of its peers? What challenges does Adidas currently face in conducting HRDD in its supply chains and how is it seeking to respond to those challenges?


[1] The information in this blog has been obtained from Adidas’ 2018 submission to the Corporate Human Rights Benchmark and from other Adidas sources. Accordingly, it represents Adidas’ views on its HRDD process.

[2] Human Rights Watch, “Paying for a Bus Ticket and Expecting to Fly”: How Apparel Brand Purchasing Practices Drive Labor Abuses, April 2019.

[3] OECD Due Diligence Guidance For Responsible Supply Chains in the Garment and Footwear Sector, p 15.

[4] Adidas Annual Report 2018, p 72.

[5] Adidas Profile.

[6] Adidas Supply Chain Approach.

[7] Adidas Assessment for Re-Accreditation by the Fair Labor Association, p 6.

[8] Adidas Supply Chain Approach.

[9] Ibid.

[10] Ibid.

[11] Adidas Sustainability Report 2010, p 42

[12] Adidas Enforcement Guidelines, pp 4-5.

[13] Ibid, pp 5-7.

[14] Ibid, p 4.

[15] Adidas Supply Chain Approach.

[16] Adidas Annual Report 2018, p 96.

[17] Adidas Sustainability Report 2010, p 49.

[18] Adidas has produced a number of supporting guidelines that aim to ‘make the Workplace Standards understandable and practical, provide additional guidance for [its] suppliers’ and assist in finding effective solutions to workplace problems: Adidas Sustainability Report 2010, p 44.

[19] Adidas Supply Chain Approach.

[20] Adidas Annual Report 2018, p 98

[21] Ibid, p 96.

[22] Adidas Supply Chain Approach; Adidas Annual Report 2018, pp 98-99

[23] Adidas Supply Chain Approach.

[24] Business and Human Rights Resource Centre, Company Action Platform, Adidas.

[25] Adidas Supply Chain Approach.

[26] Adidas Response to KnownTheChain Apparel and Footwear Benchmark, p 16.

[27] Business and Human Rights Resource Centre, Company Action Platform, Adidas.

[28] Ibid.

[29] Adidas Supply Chain Approach.

[30] Adidas was last re-accredited in 2017.

[31] Adidas Sustainability Report 2010, p 49

[32] See for example Adidas’ Human Rights and Responsible Business Practices: Frequently Asked Questions.

[33] Adidas Analysis: Cross Section of Stakeholder Feedback 2017/2018.

[34] See for example: Corporate Human Rights Benchmark 2017 and 2018; Know the Chain 2018; and Fashion Transparency Index 2019.

[35] In 1997, Adidas developed its initial supplier code of conduct (Standards of Engagement, now referred to as the Workplace Standards), which formed part of the contractual obligations under manufacturing agreements, and established a Compliance Team. The Standards of Engagement, which are now called Workplace Standards, reflect international human rights and labour rights conventions. A full timeline of Adidas’ social compliance history is accessible here.


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Doing Business Right Blog | The Rise of Human Rights Due Diligence (Part IV): A Deep Dive into Unilever’s Practices - By Shamistha Selvaratnam

The Rise of Human Rights Due Diligence (Part IV): A Deep Dive into Unilever’s Practices - By Shamistha Selvaratnam

Editor’s note: Shamistha Selvaratnam is a LLM Candidate of the Advanced Masters of European and International Human Rights Law at Leiden University in the Netherlands. Prior to commencing the LLM, she worked as a business and human rights solicitor in Australia where she specialised in promoting business respect for human rights through engagement with policy, law and practice.

 

The consumer goods industry is shaped by businesses’ desire to engage with the best-quality suppliers at the cheapest price in order to sell goods at a high-profit margin in the burgeoning consumer markets. Accordingly, they continue to build their value chains in order to provide goods to consumers. The resulting effect of this is that potential human rights risks and impacts are likely to arise in the supply chains of businesses that operate in the industry. Risks that often arise in this sector include forced labour, non-compliance with minimum wage laws and excessive work hours, land grabbing and discrimination. Accordingly, businesses such as Unilever face the challenge of preventing, mitigating and addressing adverse human rights impacts in their supply chains through conducting human rights due diligence (HRDD). As Paul Polman (former CEO of Unilever) has stated: ‘We cannot choose between [economic] growth and sustainability—we must have both.’

This fourth blog of a series of articles dedicated to HRDD is a case study looking at how HRDD has materialised in practice within Unilever’s operations and supply chains. It will be followed by another case study examining another that has also taken steps to operationalise the concept of HRDD. To wrap up the series, a final piece will reflect on the effectiveness of the turn to HRDD to strengthen respect of human rights by businesses.

 

Company Background[1]

Unilever PLC (Unilever) is a consumer goods company that is co-headquartered in the United Kingdom and the Netherlands. It is considered to be one of the world’s leading consumer goods company, making and selling around 400 brands (including Dove, Lipton and Magnum) in the personal care, foods, home care and refreshment categories in more than 190 countries. Unilever is also the second largest advertiser globally and creates content to market its products using digital channels. It employs more than 155,000 people globally and over two billion people use its products daily.[2]

Unilever has a complex global value chain, with its global manufacturing operations spanning across approximately 76,000 suppliers and 300 factories in 69 countries in order to produce products of almost 19 million tonnes. Its products are distributed through a network of more than 400 warehouses to 26 million retail stores, including large supermarkets to small convenience stores and e-commerce channels.[3] 

Unilever endorsed the UNGPs in 2011 and recognises that it has ‘the responsibility to respect human rights and the ability to contribute to positive human rights impacts.’[4] It states that it follows and supports the OECD Guidelines.[5] Unilever acknowledges that there is ‘both a business and a moral case for ensuring that human rights are upheld across [its] operations and [its] value chain.’ As a result, it seeks to identify human rights risks that it may be involved in through its activities or business relationships through conducting HRDD and integrating the responses into its policies and internal systems, acting on the findings, tracking its actions and communicating with its stakeholders.[6] Unilever was the first company to pilot the Shift and Mazars UN Guiding Principles Reporting Framework, which resulted in its Human Rights Report 2015 – Unilever’s disclosure to the Reporting Framework in 2015 is accessible here.

Unilever’s human rights work is overseen by the CEO and supported by the Leadership Executive, including the Chief Supply Chain Officer, which includes the Chief Supply Chain Officer, Chief Legal Officer, Chief Sustainability Officer and the Global Vice President for Social Impact.[7] Unilever’s Procurement Team leads its supply chain efforts. There is no publically available information on the size and resources of this team, its role or where team members are located.

 

Identification and Assessment of Risks

Unilever’s process for identifying its salient human rights risks started with a workshop facilitated by Shift. Unilever considered the range of potential human rights impacts resulting from its activities, and prioritised those likely to be the most severe were they to occur, based on how grave the impacts to the rights-holder could be, how widespread they are and how difficult it would be to remedy any resulting harm.[8] Unilever drew from previous conversations with external bodies, including the Work Economic Forum Human Rights Global Agenda Council, the Global Social Compliance Programme and the UN Global Compact.[9] It also drew from external data sources such as governments, international agencies and risk organisations that assist it to monitor changes in human rights situations in the countries in which it operates, as well as from understanding of the perspectives of affected stakeholders and verification with expert stakeholders of the salient issues identified.[10]

Following this initial risk assessment, Unilever conducts regular human rights impact assessments (HRIAs), 'which include on-site visits by third-party experts who engage and consult rights-holders and other stakeholders.’[11] For example, in 2016 it commissioned a human rights impact assessment of its own operations and value chain in Myanmar in order to identify impacts on 'local right-holders, including workers, their families and other community members'.[12] This assessment 'uncovered regular patterns of discriminatory practices within some suppliers in [its] extended supply chain'. In addition, during the assessment of the harvesting of palm sugar activity, 'children were found to be working alongside their parents as they prepared palm juice, whilst palm sugar tree climbers were using unsafe homemade ladders to pick the fruit'.[13]

Unilever considers that its suppliers play a critical role in helping it source responsibly and sustainably.[14] Accordingly, Unilever developed a Responsible Sourcing Policy, which sets out Unilever’s expectations with regards to the respect for the human rights, including labour rights, of the workers in its extended supply chain. It is based upon 12 fundamental principles that are derived from internationally recognised standards and include treating all workers equally with respect and dignity, paying workers fair wages and ensuring working hours of all workers are reasonable.

Clauses are included in supplier contracts in an effort to ensure that suppliers respect and comply with a set of Mandatory Requirements related to each of the fundamental principles set out in the Responsible Sourcing Policy.[15] For example, with respect to workers being paid fair wages, suppliers are required to ensure that all workers are provided total compensation packages that include wages, overtime pay, benefits and paid leave which either satisfies or exceeds the legal minimum standards or industry standards, whichever is the highest. Guidelines and tips are provided for the implementation of a comprehensive and robust process so suppliers can meet the Mandatory Requirements and move up the ‘continuous ladder of improvement’ and advance to good practice and then finally achieve and maintain best practice with respect to each of the fundamental principles.

Where there are breaches of the Responsible Sourcing Policy, they must be reported to Unilever who will investigate and discuss its findings with the relevant supplier. If remediation is required, the supplier is required to devise and inform Unilever of their Corrective Action Plans (CAPs) and implementation plans and timeline to resolve the breach.

Unilever’s Procurement Code Committee evaluates and makes recommendations where suppliers are not willing to comply or move up the continuous improvement ladder, and it reviews all key incidents raised. Continual non-conformances with no remediation plans result in an escalation to the Global Procurement Code Committee for a decision on terminating the business relationship.[16] No information is publicly available regarding Unilever’s Global Procurement Code Committee.

 

Engaging with new and existing suppliers[17]

Unilever’s audit approach to evaluating suppliers is depicted below.


Source: Unilever 2015 Human Rights Report, p 18

Unilever uses a risk-based approach to evaluate prospective and existing suppliers. Suppliers are required to complete a self-declaration regarding their compliance to the Mandatory Requirements of Unilever’s Responsible Sourcing Policy. Suppliers are then segmented based on a risk assessment using externally available indices of business and human rights risks from expert sources. Country risk is one element of the risk assessment (see below for the outcome of Unilever’s 2018 country risk assessment).

Source: Unilever’s Supply Chain, p 17.

Suppliers in the highest risk segment are required to undergo an independent third-party audit. Raw material or finished goods suppliers are required to undergo an on-site audit, while service suppliers need to undergo a remote desktop audit.

During the course of an on-site audit, all non-conformances are recorded to indicate where a supplier’s site does not align with the Responsible Sourcing Policy Mandatory Requirements. A supplier must provide a time-bound CAP to address and remediate non-conformances, and the auditor must confirm the remediation has effectively addressed the non-conformance in a follow-up audit within a 90-day period for the supplier to be Responsible Sourcing Policy compliant.

Audit frequency can be every 12, 24, or 36 months, and is determined by the number and type of non-conformances found in the previous audit. CAPs must be implemented to address all non-conformances and re verified in a follow-up audit to confirm and verify that the identified issues have been effectively remediated.[18] As at May 2018, of the 44,290 suppliers risk assessed to date, 11,287 were classified as high risk of which 1,667 were identified with issues in the previous three years of which 1,175 had verified CAPs.[19]

More serious non-conformances are classified as ‘Critical Incidents’, with the most severe of these termed ‘Key Incidents’. The presence of Critical Incidents automatically means that the supplier must have a new audit after 12 months. On top of the requirements for Critical Incidents, the auditor must raise a Key Incident to Unilever within a 24-hour period. Key Incidents are escalated to either Director or Vice President level within Unilever to ensure appropriate attention is given. Within seven days a CAP to remedy the issue must be provided by the supplier.

 

Stakeholder Engagement Channels 

Unilever engages with its stakeholders in conducting risk assessments. Stakeholder consultation, dialogue and action are considered to be a critical part of its risk assessment process and have been said to deliver ‘enormous value’, given the localised and culturally specific nature of the issues faced. Unilever has identified its stakeholders to include its employees, trade unions, customers, NGOs, communities, suppliers, workers, business partners, advisory boards (such as the Unilever Sustainable Living Plan Council), governments, intergovernmental organisations and civil society organisations.[20] Unilever’s Advocacy Team play a lead role in engaging with its external stakeholders, which is supported by its External Affairs Team.[21] Unilever also engages with various organisations including the World Business Council for Sustainable Development, Consumer Goods Forum, United Nations Global Compact and the World Economic Forum.

Unilever also captures and addresses complaints through its grievance mechanisms – it notes that ‘Grievance mechanisms play a critical role in opening channels for dialogue, problem solving, investigation and, when required, providing remedy.’[22] With respect to Unilever’s supply chain, one of the fundamental principles of the Responsible Sourcing Policy requires all workers to have access to fair procedures and remedies. Accordingly, suppliers are required to provide grievance mechanisms to their workers. Unilever monitors the number of complaints received from workers by suppliers each year in order to monitor its salient issues and address root causes so that similar grievances will not be raised in the future.[23] Additionally, Unilever also provides a hotline that anyone can access to report on responsible sourcing issues. It has also developed a grievance procedure for workers in its palm oil supply chain. A summary of the complaints raised under this procedure can be found here.

Identified risks 

Through its risk identification and assessment processes, Unilever has identified eight salient human rights issues within its business, which are depicted in the image below.

Source: Unilever Human Rights Report 2015, p 26.

 

During the course of 2017, Unilever identified the following non-conformances in relation to the salient issues:


Source: Human Rights 2018 Supplier Audit Update, p 10.

 

Integrating and Acting

Unilever recognises that it must take steps to identify and address any actual or potential adverse impacts with which it may be involved whether directly or indirectly through its own activities or its business relationships. It seeks to manage the risks identified in the processes discussed above by ‘integrating the responses … into [its] policies and internal systems, acting on the findings, tracking [its] actions, and communicating with [its] stakeholders about how [it] address impacts.’[24] Remediation is perceived as important as addressing human rights impacts.

With respect to each of the eight salient issues set out above, Unilever has taken specific actions and implemented initiatives to prevent and mitigate those issues from arising in its supply chains. For example, with respect to forced labour Unilever has, inter alia:[25]

  • Developed best practice guidelines on the use of migrant labour focusing on the recruitment process, contractual terms and the payment of wages and benefits. These guidelines are not publicly available.
  • Incorporated human trafficking explicitly into its Human Rights Policy Statement, Code of Business Principles and its Respect, Dignity and Fair Treatment Code Policy, and provided associated training to its employees globally.I
  • Incorporated trafficking guidelines into its Responsible Sourcing Policy and Responsible Business Partner Policy.
  • Published a UK Modern Slavery Statement in 2017, 2018 and 2019.
  • Became a founding member of the Leadership Group for Responsible Recruitment, which promotes responsible recruitment practices by business.
  • Provided training to suppliers in Turkey, Dubai, India, Bangkok and Malaysia on eradicating forced labour and the responsible management of migrant labour.

 

Tracking

Unilever recognises that ‘the ability to track and monitor issues is a vital part of measuring progress in remediation and addressing grievances’.[26] The Unilever Board is responsible for compliance, monitoring and reporting and day-to-day responsibility lies with senior management. Unilever’s Corporate Audit Team and external auditors undertake checks on this process. [27]

With respect to tracking its supply chain, Unilever has an ‘Integrated Social Sustainability Dashboard’ (Dashboard), which sets out the ‘number of non-conformances for each fundamental principle of the RSP’.[28] It uses the information available through the Dashboard to identify salient hotspot issues ‘allowing use to prioritise, build guidance produce webinars, and support regions where the need is greatest’.[29] Unilever’s Procurement Team also monitors supplier compliance levels and identifies when intervention is required. It works with suppliers to ensure effective remediation. Unilever also tracks and verifies that CAPs are implemented within the agreed timelines. When very serious Key Incidents occur, Unilever more directly and actively participates in developing CAPs and following up on their implementation.[30]

 

Communicating

Unilever claims that it engages in dialogue with its employees, workers and external stakeholders who are or could potentially be affected by its actions.[31] It particularly focuses on individuals or groups who ‘may be at greater risk of negative human rights impacts due to their vulnerability or marginalisation’.[32]

Unilever primarily uses its Human Rights Report 2015 and Human Rights Progress Reports to communicate its process of identifying and assessing human rights risks and impacts, including its salient human rights issues and the actions taken to prevent and mitigate those issues, as well as integrating, acting and tracking those issues. Unilever also utilises its annual Modern Slavery Statements to communicate with stakeholders. Aside from these reports and statements, Unilever has not clearly stated what other means it utilises to communicate its human rights impacts, policies and approaches. A review of its website contains a webpage detailing its engagement with stakeholders, but fails to recognise exactly how this engagement is carried out.

With respect to grievances raised through the Palm Oil grievance procedure, Unilever publishes a Grievance Tracker online setting out a summary of each grievance raised, the link to Unilever and the latest actions taken to address the allegations. It also publishes responses in relation to specific claims – see for example here and here.

 

The Gaps Between Theory and Practice

Unilever has acknowledged that the challenges faced by the business community with regard to its responsibility to respect human rights are ‘enormous’, particularly given the scale of their operations and supply chain. It states that ‘the risk of systemic human rights abuses exists across our value chain and the value chains … This is a reality we must confront and work together to resolve.’ As a result it has claimed to go beyond respecting human rights to actively promoting them. This approach has positioned it publicly as a leader and a model from which other businesses can draw inspiration.[33]

What is clear from a review of Unilever’ human rights approach is that it recognises its responsibility to respect human rights and has sought to take steps to fulfil this obligation along its entire value chain. While Unilever’s human rights efforts started to gain some momentum in 2010 when it launched its Sustainable Living Plan and began evaluating suppliers, it accelerated its efforts in 2014 by introducing a Human Rights Policy Statement, formalising its commitment to promoting human rights across its operations and supply chains, as well as through designing a five-year human rights strategy.[34] In 2015, it became the first company to produce a standalone human rights report.

Nonetheless, despite Unilever’s extensive human rights work over the past years, including the strengthening of its HRDD processes in its supply chains, it has drawn and continues to draw criticism in relation to the human rights abuses that still exist within its value chain. Key human rights issues that have been placed in the spotlight in various jurisdictions are discussed below. Information regarding alleged human rights violations committed by Unilever pre-dating the UNGPs has been included in the sub-sections below to the extent that such violations have been found to still be present following Unilever’s actions to increase its efforts to respect human rights in 2014.

Vietnam

In 2013, Oxfam (together with Unilever) published a report in which it assessed the labour standards in Unilever’s operations and supply chain in Vietnam and developed measures to guide Unilever (and other companies) to fulfil their social responsibilities. It found that despite Unilever’s commitment to human rights, its tools and processes for due diligence and remediation via grievance mechanisms needed to be strengthened. It stated that Unilever had ‘not been aware that some of its practices were associated with adverse impacts for workers, including wages that were legal but low, excessive working hours, and high levels of contract labour.‘[35] Recommendations were made by Oxfam to Unilever, including policy changes, strengthening its due diligence processes and better aligning business processes with its policies. Unilever made a range of commitments in response to the recommendations.

A progress report was published in 2016, which found that Unilever’s ‘overall commitment to respecting human and labour rights has been strengthened as a result of effective leadership across the business’. Nonetheless, it identified some ‘critical implementation challenges’ that need to be addressed in order to ‘[translate] the company’s policy commitments into practice and achieve positive outcomes for … workers’. Specific issues that were identified were:

  1. There was an ‘unresolved tension’ between the commercial and labour standards imposed on suppliers. Some suppliers did not see the business case for their own businesses in improving their labour standards.
  2. Despite Unilever’s efforts to ensure fair compensation for workers, there was a lack of evidence to show that worker wages had increased beyond the legal minimum level in Vietnam.

Additionally, Oxfam highlighted that multinational more generally need to address the root causes of adverse human rights impacts in their supply chains in order for ‘good labour standards to become universal operating conditions.’ Oxfam made further recommendations to improve the situation for workers in Vietnam.

India

In the 2011 SOMO & ICN Report, SOMO also reported on Indian tea plantations that supply to Unilever. Issues identified included wages being paid with too little benefits, workers being discriminated against in relation to promotions and benefits, the casualization of labour as well as violations of the freedom of association. In 2016, ICN released a follow up report on the situation in India. It found that there had been some improvements in the ‘payment of minimum wages, setting up procedures for safe handling of chemicals and the provision of basic medical care and educational facilities for all temporary and permanent workers’. However, there are still ‘many serious non-compliances’ relating to ‘unequal benefits for casual workers, overtime wages and working hours, advance payments, chemical handling practices and worker representation.’ Unilever responded by stating that it was in dialogue with its suppliers in relation to the issues raised in the follow up report.

Further, in 2015 a BBC investigation found ‘dangerous and degrading living and working conditions’ in tea estates that supply to some of Unilever’s brands (Lipton and PG Tips). Unilever stated that it regarded the issues raised in the investigation as ‘serious’ and had made progress to rectify these issues through ‘working with [its] suppliers to achieve responsible and sustainable practices’.

Turkey

In 2014, an external organisation engaged by Unilever carried out an independent assessment of its tea supply chain in Turkey. The assessment found, inter alia, that workers worked excessive hours during the harvest, various health and safety issues (e.g. lack of protective equipment) and migrant worker accommodation did not meet the required standards in some instances. As a result, Unilever decided to remediate the identified issues at the individual site level and also work with external multi-stakeholder groups to address more systemic challenges. It also started a capacity building initiatives in Turkey that focuses on human rights and held training in 2016 focusing on the key non-compliances found. 

Indonesia

In 2016, Amnesty International published a report in relation to labour exploitation on plantations in Indonesia that provide palm oil to Wilmar, which then supplied to Unilever.[36] It was found that serious human rights violations were occurring on the plantations of Wilmar and its suppliers, including ‘forced labour and child labour, gender discrimination, as well as exploitative and dangerous working practices that put the health of workers at risk’, which resulted from systematic business practices (e.g. low wages and the casualisation of labour). Unilever issued a detailed response to a letter from Amnesty International in relation to the report recognising that ‘more attention needs to be paid to social issues at palm oil plantations and that current processes and policies need to be improved to ensure they address issues effectively and create more transparency.’ It also noted that it was in contact with Wilmar regarding the issues raised and committed to continuing to engage to take steps to ‘close the gaps identified’. Unilever also issues a public statement once the report was released, committing to investigating the grievances raised in the report and addressing them. Unilever has continued to engage with Wilmar and Amnesty International on these issues – see for example here (2016), here (2017) and here (2018).

 

Conclusion 

What is clear from these examples of human rights violations in Unilever’s supply chains is that despite its extensive HRDD process that it seeks to roll out across its value chain, in practice there remain weaknesses and blind spots in this process. For example, Unilever does not have a third party grievance mechanism allowing workers to raise complaints directly to the company (except in relation to palm oil). Instead workers must raise their grievances through supplier provided mechanisms, which can discourage the communication of human rights issues. Also, Unilever assesses prospective suppliers through the use of a self-declaration, which is extremely problematic as it relies on potential culprits to assess their own compliance with the Mandatory Requirements for doing business with Unilever, in some cases without verification by Unilever or an independent third party. Weaknesses such as these make it evident that Unilever has far to go on its journey to respecting human rights within its supply chains, despite being a ‘leader’ in implementing HRDD globally. Unilever needs to look beyond remedying human rights abuses as they are alleged and reported. It must also examine the systemic failings in its HRDD process that result in these human rights risks not being identified and therefore prevented or mitigated.


[1] Unless otherwise statement, the information in this section has been obtained from the Unilever 2018 Annual Report and the Unilever Human Rights Report 2015.

[2] Unilever Modern Slavery & Human Trafficking Statement 2019, p 2.

[3] Unilever Annual Report 2018, p 9.

[4] Unilever Human Rights Policy Statement, p 4.

[5] Ibid, p 1; Unilever, Advancing Human Rights in our Own Operations; Unilever Human Rights Report 2015, p 1.

[6] Unilever Human Rights Policy Statement.

[7] Business and Human Rights Resource Centre Action Platform, Unilever.

[8] Unilever Human Rights Report 2015, p 26.

[9] Unilever Human Rights Progress Report 2017, p 15.

[10] Unilever Human Rights Report 2015, pp 26, 58.

[11] Unilever Human Rights Progress Report 2017, p 71.

[12] Ibid.

[13] Ibid, p 70.

[14] Unilever Human Rights Policy Statement, p 2.

[15] Unilever Modern Slavery & Human Trafficking Statement 2019, p 4.

[16] Unilever Human Rights Report 2015, p 51.

[17] Unilever Human Rights Progress Report 2017, pp 18-19.

[18] Unilever’s Supply Chain, p 17.

[19] Ibid.

[20] Unilever Human Rights Report 2015, pp 22-23; Unilever, Engaging with Stakeholders.

[21] Business and Human Rights Resource Centre Action Platform, Unilever.

[22] Ibid.

[23] Unilever Human Rights Report 2015, p 57.

[24] Unilever Human Rights Policy Statement, p 2.

[25] Unilever Human Rights Report 2015, p 32; Unilever, Sharing Best Practice in Fighting Forced Labour; The Consumer Goods Forum, Business Actions Against Forced Labour, p 36; Unilever Human Rights Progress Report 2017, p 32.

[26] Unilever Human Rights Progress Report 2017, p 72.

[27] Unilever Human Rights Report 2015, p 47.

[28] Unilever Human Rights Progress Report 2017, p 72.

[29] Ibid.

[30] Ibid.

[31] Unilever Human Rights Policy Statement, p 3.

[32] Ibid.

[33] See for example: Corporate Human Rights Benchmark 2017 and 2018; and Know the Chain 2018.

[34] Unilever Human Rights Report 2015, p 3.

[35] Oxfam, Business and Human Rights: An Oxfam Perspective on the UN Guiding Principles, p 7.

[36] While Unilever confirmed that the purchase palm oil from Wilmar, they did not provide details on the refineries they source from. Nonetheless, Amnesty International found it ‘highly likely’ that Unilever sources palm oil from one of the 12 Indonesian refineries it investigated (whether directly or indirectly).

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