Tag Archives: Australia

Submission: Ethical Clothing Extended Responsibilities Scheme 2005 (NSW)

The Inquiry into the Ethical Clothing Extended Responsibilities Scheme 2005 (NSW), undertaken by the Modern Slavery Committee, is a comprehensive evaluation focused on the Scheme’s role in mitigating modern slavery within the clothing manufacturing sector of New South Wales (NSW). It delves into the textiles, clothing, and footwear (TCF) industry’s characteristics, examining aspects such as industry size, workforce demographics, supply chain complexities, and the prevalence of modern slavery. Additionally, the inquiry reviews the Scheme’s current application, its alignment with international human rights standards, and the need for any modifications to enhance its effectiveness. It also explores the Scheme’s enforceability, including methods to promote compliance, and considers extending the Scheme to other industries vulnerable to modern slavery due to their supply chain characteristics. This investigation is crucial for identifying strategies to combat modern slavery, ensuring that the TCF industry, and potentially other sectors, operate in line with global human rights commitments and provide better protection for workers in NSW.

My co-authored submission offers several recommendations to enhance the Ethical Clothing Extended Responsibilities Scheme to mitigate modern slavery within the clothing manufacturing sector NSW:

  1. Promote Supply Chain Mapping: The scheme’s unique approach to examining the entire supply chain from retailer to outworker helps in identifying vulnerabilities and instances of modern slavery that may be overlooked by Commonwealth legislation. It’s suggested that state action is needed to mandate such mapping for smaller entities not covered at the Commonwealth level.
  2. Create a Supply Chain Database: The establishment of a comprehensive database to capture detailed supply chain information is recommended. This would aid various stakeholders, including the NSW Office of Industrial Relations, the Fair Work Ombudsman, and the NSW Anti-Slavery Commissioner, by providing them with readily accessible information.
  3. Articulate Collaboration between Government Agencies: The proposals for supply chain mapping and database creation are in line with the objectives of both NSW and Commonwealth governments to combat modern slavery. The recommendation emphasizes enhanced inter-agency collaboration, which can augment existing policy goals and lead to more effective oversight and action against modern slavery within supply chains.
  4. Explore Extension of the Scheme: The recommendation suggests that the scheme could serve as a model for other industries. By enhancing transparency, accountability, and worker protection, it could pave the way for similar oversight in industries that are at high risk of modern slavery and labor standards violations, especially those industries with many entities below the Modern Slavery Act (2018) reporting threshold.

Modern Slavery Good Practice Toolkit

The final instalment of a research series jointly conducted by nine academic and civil society organisations has been made publicly available. The publication, known as the Good Practice Toolkit, offers businesses crucial insights into human rights due diligence and ways to amplify their compliance with Australia’s Modern Slavery Act (MSA).

Drawing upon data collected over several years, the toolkit examines corporate responses to the MSA and their engagement in human rights due diligence. It zeroes in on two notably weak facets of business practice: stakeholder engagement and supplier relations.

The Toolkit’s main recommendations are:

  • Prioritise suppliers with demonstrated respect for human rights.
  • Work in partnership with suppliers in designing and communicating expectations.
  • Conduct meaningful and sustained engagement with workers and their representatives.
  • Engage with relevant stakeholders in the design of policies.
  • Use effective grievance mechanisms as an engagement tool.

The Australian Human Rights Institute (UNSW Sydney), Business and Human Rights Centre (RMIT), the University of Melbourne, the University of Notre Dame Australia, the University of Western Australia and Willamette University, in association with the Human Rights Law Centre, the Business & Human Rights Resource Centre and Baptist World Aid, conducted this research. It follows earlier reports, ‘Australia’s Modern Slavery Act: Is It Fit For Purpose?’, ‘Broken Promises’ , and ‘Paper Promises’ .

Summarised: Review of the Modern Slavery Act 2018

Addressing modern slavery requires more than criminalising the illegal control of or mistreatment of individuals. It necessitates a comprehensive response to the various forms of modern slavery, including human trafficking, servitude, worker exploitation, child labour, forced marriage, debt bondage, and deceptive recruitment.

Australia has recognised this challenge  and has implemented a range of laws, programs, networks, and support services to tackle it head-on. One key component of Australia’s response is the Modern Slavery Act 2018, which focuses on transparency reporting. This legislation mandates large businesses and entities operating in Australia to submit an annual statement to the government, outlining the actions they are taking to address modern slavery risks within their domestic and global operations and supply chains.

To promote transparency and accountability, these statements are made available to the public through the Modern Slavery Statements Register. As of early 2023, the Register has published over 7,000 statements from nearly 8,000 entities headquartered in more than 50 countries. This government-run register is the first of its kind internationally and has already garnered significant attention.

In accordance with the Modern Slavery Act, a review was initiated three years after its commencement, starting on March 31, 2022. The review aimed to assess the effectiveness of the Act in combating modern slavery and explore potential improvements to its framework and administration. It also sought to evaluate whether the law was being taken seriously and effectively implemented. Below you can find a summary of the review and recommendations, as well as the full list of recommendations made.

Continue reading Summarised: Review of the Modern Slavery Act 2018

50 Million People in Modern Slavery Globally; 41,000 in Australia

The latest analysis reveals the disturbing reality that modern slavery continues to imprison millions globally, inclusive of upwards of 41,000 individuals in Australia. In its most recent publication, the Walk Free Global Slavery Index reports that 50 million individuals – with 12 million being children – are ensnared in contemporary forms of slavery, predominantly via forced labour and enforced marriages.

Our consumer-driven society is fuelling this disturbing trade in human suffering. Nations including the United States, England, Germany, and Australia are making substantial purchases of electronics, garments, and textiles, which are largely sustained through forced labour. Sweatshops exploit children by compelling them to toil for about 15 hours daily, remunerating them a mere AU$3, within confines akin to a jail cell.

Senior Lawyer at the Human Rights Law Centre, Freya Dinshaw, points out a shocking fact. She said, “What Australian consumers might not realise is that 80% of the cotton China produces that ends up in clothing that Australians buy, comes from forced labour camps in Xinjiang.” Despite Australia being recognised as one of the top three nations battling modern slavery, its system leaves much to be desired.

Dr Martijn Boersma, an expert on modern slavery, commented, “The Australian Modern Slavery Act asks companies…to address the risks in operations and supply chains and basically report on those actions and the progress they have made.” Nevertheless, experts are calling for Australia to implement even more stringent measures. As Dr Boersma suggests, “What we need is for the government to step in, for example by introducing financial penalties for non-compliance.”

New Research: Is the Australian Modern Slavery Act Fit For Purpose?

The Australian Modern Slavery Act 2018 (MSA) aims to combat modern slavery in the operations and supply chains of Australian businesses by requiring them to report on their efforts to address this issue. However, the question remains whether the Act is fit for purpose. This new report, based on data collected from a business survey and focus groups conducted in 2022 and 2023, offers new insights to inform policy change and business practices by examining the gaps between policy and practice in corporate modern slavery statements.

Effectiveness and barriers

Our investigation gathered input from respondents regarding the MSA’s effectiveness, best practices for implementing remediation measures, and potential reforms. The report presents evidence of corporate responses triggered by the MSA and stakeholders’ perceptions of its impact. Findings reveal a broad consensus that the current corporate responses to the Australian MSA are generally not benefiting victim-survivors of modern slavery. While the MSA raises awareness in the best case, it may also provide a superficial appearance of compliance for businesses that continue to depend on opaque supply chains and cheap labor without substantive commitment to addressing abuses.

Two critical issues highlighted by survey and focus group participants for improving policy and practices to address modern slavery are enhancing supplier relationships and stakeholder engagement. Respondents identified several barriers to effective remediation, including current procurement practices, low trust between suppliers and reporting entities, and inadequate resourcing by businesses for remediation efforts that would compensate and empower victim-survivors of modern slavery. Remediation is a crucial aspect of addressing modern slavery, and effective processes must prioritise risk to people over risk to business.

Remediation and potential reform

The findings also offer insights into practices that may contribute to more effective remediation of modern slavery, providing valuable lessons for government policy focus and businesses seeking to improve their approach to remedy. Survey data indicates that participants who engage key stakeholders in remediation, such as trade unions, report the most effective approaches. Other essential tools include risk management practices like supplier training and increased transparency from suppliers—practices currently utilised by Australian businesses.

Data from this report and previous research demonstrate a strong desire for MSA reform and the need to incentivise improved practices. A majority of survey respondents:

  • Endorse establishing an Anti-Slavery Commissioner;
  • Support harmonising the MSA with international standards, such as the UN Guiding Principles on Business and Human Rights (UNGPs), and emerging legislation in other countries;
  • Agree that mandating human rights due diligence requirements would lead to improved responses to addressing modern slavery;
  • Support a mix of policy measures, including sanctions and incentives (such as disqualification from government tenders, financial penalties, and director liability) to better tackle modern slavery.

There is a clear disconnect between policy and implementation when it comes to addressing modern slavery within the operations and supply chains of Australian businesses. This stems from a lack of transparency in corporate supply chains, which hinders both the detection and resolution of modern slavery issues. To effectively combat this, it is essential to prioritize enhancing supplier relationships and collaborating with key stakeholders such as trade unions. The problem can only be resolved if it is first acknowledged and understood. Gaining better insight into labor conditions in supply chains through engagement with frontline workers is a fundamental and indispensable initial measure in the battle against modern slavery.

All respondents advocated for reform of the MSA to drive company action that benefits victim-survivors of modern slavery, rather than merely promoting superficial compliance with the Act. This report, therefore, serves as a call to action for both policymakers and businesses to work together to enhance the effectiveness of the MSA and genuinely address the issue of modern slavery in corporate supply chains.

UN report on China’s abuse of Uyghurs: What Should Australia Do in Reponse?

For three years, Sadam Abdusalam watched his newborn grow into a toddler through the screen of a mobile phone. He was thousands of kilometres away in Australia, and his son Lufti and his wife Nadila were stuck in China’s Xinjiang province, unable to leave.

A Uyghur originally from Xinjiang, Mr Abdusalam was separated from his family for three years after the Chinese Communist Party (CCP) seized Nadila’s passport in 2017. He said the CCP began taking “as many” Uyghurs’ passports as they could in that year.

Continue reading UN report on China’s abuse of Uyghurs: What Should Australia Do in Reponse?

Envisioning Wellbeing Economies through the Australian Fashion Industry Context

Sustainability leaders, experts, industry and innovators from Australia, New Zealand and the Pacific came together to share their knowledge on sustainability challenges and opportunities in the Oceania region as part of a major international sustainability event.

Coordinated by Future Earth Australia, Australian Academia and government partners hosted the sustainability-focused event in Brisbane from 29 June – 1 July 2022.

Sessions were held over three days and covered any aspects of sustainability: climate change, Indigenous knowledges, coastal resilience, urban sustainability, synthetic biology and more. It will focus on sustainability issues and challenges unique to Oceania.

The Oceania Satellite Event built on the outcomes of the inaugural SRI2021 Congress last year in Brisbane, that featured more than 2000 attendees from over 100 countries.

Wellbeing Economies through Fashion

  • 0:04 Welcome from Moderator : Assoc. Prof. Samantha Sharpe
  • 2:12 Wellbeing Economy – Sufficiency – UTS/ISF – Dr.Monique Retamal
  • 10:04 Reuse / Repair – Monash – Aleasha McCallion
  • 18:05 Policy & Stewardship – QUT – Assoc.Prof. Alice Payne
  • 26:30 Inclusive fashion Practices and Intersectionality – USC – Deborah Fisher 
  • 34:36 Circularity – Monash – Julie Boulton.
  • 47:04 Modern Slavery – UNDA – Assoc.Prof. Martijn Boersma
  • 55:33 Regenerative Business models – UTS ISF – Karina Kallio 
  • 1:04:40 Discussion

Why a degree in modern slavery is a valuable addition to your CV

Modern slavery may seem a distant issue in Australia, but a new course will teach graduates why an understanding of it is increasingly important in every business

It might be easy to imagine, especially in Australia, that slavery is a thing of the past. But an estimated 15,000 people were living in conditions of modern slavery here in 2016, through forced marriage and labour, sexual exploitation, debt bondage and human trafficking – exploitation that disproportionately affects women, children, asylum seekers and migrants. Globally, in that same year, 40.3 million victims were being abused.

Martijn Boersma is an associate professor of human trafficking and modern slavery at the University of Notre Dame Australia, where a new course aims to provide the skills and knowledge that will enable people to work proactively to put an end to the exploitation of vulnerable people.

Continue reading Why a degree in modern slavery is a valuable addition to your CV

Will Ratification of the ILO Protocol on Forced Labour Make Australia’s Approach to Modern Slavery More Survivor-Centred?

40.3 million people are a victim of modern slavery, 21 million of which are in forced labour.

While these estimates are not uncontentious, recurrent news reports that detail abusive working practices, including modern slavery in Australia and overseas, remind us that this is a real and significant problem.

For example, investigations into the Australian horticultural industry have uncovered a pattern of systemic underpayment and abuse of workers. Similarly, the production of rubber gloves in Malaysia is tainted by exploitative practices, such as excessive recruitment fees, withholding of passport and wages, threats to workers and forced overtime.

In the last four years, the Australian Government has taken steps to address workplace exploitation in the operations and supply chains of Australian companies and this week it ratified the International Labour Organization’s (ILO) Protocol on Forced Labour.

With the ratification of the ILO Protocol on Forced Labour, Australia inches closer to making its response to modern slavery more survivor-centred, placing increased emphasis on the rehabilitation and compensation of those that have been exploited.

Continue reading Will Ratification of the ILO Protocol on Forced Labour Make Australia’s Approach to Modern Slavery More Survivor-Centred?

Seasonal farm workers make claims of ‘modern slavery’

Some Pacific Islander workers say they feel like they are being “treated like slaves” as fruit pickers in Australia under the Seasonal Worker Programme.

For Samoan man Alex Muese, arriving in Australia to work was a dream come true.

Mr Muese, 34, carries great responsibility as he cares for eight children, his wife and her parents.

When he received his Seasonal Worker Programme (SWP) visa, he thought he would earn an hourly wage to support his family in Samoa.

Continue reading Seasonal farm workers make claims of ‘modern slavery’