Persistent problems have been documented in the effectiveness of social
auditing and ethical certification schemes when it comes to preventing,
detecting and addressing forced labour. Yet, companies continue to
turn to these private tools to fulfil their duties under due diligence and
transparency legislation, and as strategies to respond to pressure to detect
such human rights violations and shield themselves from liability when it
does occur. This Brief maps out how monitoring tools would
need to change to play a role in promoting labour standards. We stress
the need to establish liability for auditors and certifiers that play a role in
misleading consumers and policymakers—willfully or not—about labour
practices and worksite conditions, including for the accuracy of their
reports and the role they play in obscuring criminal practices. Reforms
proposed include increasing NGO and union involvement and disrupting
financial conflict of interest by creating a pool of auditors that companies
do not pay directly. We argue that more meaningful and promising third party verification and monitoring systems are worker-led, and that funds
spent on auditing and certification could be channelled into more
effective worker-driven and state-led solutions.