Tag Archives: due diligence

Forced Organ Transplants: A Business and Human Rights Issue

In November I was part of a panel of experts that discussed forced organ transplants in the context of medical ethics, business and human rights implications, modern slavery obligations for Australian businesses, the United Nations’ human rights treaties and mechanisms, and Australia’s responsibility to protect and promote human rights.

Footage of this event held at New South Wales Parliament House can be found below. The section on Business and Human Rights starts at 55:00.

Submission to the Inquiry into the NSW Modern Slavery Act 2018

The Standing Committee on Social Issues is inquiring into and reporting on the Modern Slavery Act 2018 (NSW) (the NSW Act), the consultation draft of the Modern Slavery Bill 2019 (the amendment Bill), and the consultation draft of the Modern Slavery Regulation 2019 (NSW) (the Regulation), with particular reference to:

  • (a) the operability of the proposed anti-slavery scheme
  • (b) the effect of the anti-slavery scheme on business, including the supply chain reporting obligations under section 24 of the NSW Act
  • (c) the intended application of the anti-slavery scheme with respect to charities and not-forprofit organisations, State Owned Corporations and local councils
  • (d) the appropriateness and enforceability of Modern Slavery Risk Orders under section 29 of the NSW Act
  • (e) the unintended consequences of drafting issues with the NSW Act, including with respect to the Human Tissue Act 1983 (NSW) and the sale and supply of human tissue
  • (f) the risk of a possible constitutional challenge to current provisions in the NSW Act due to inconsistencies with the Criminal Code Act 1995 (Cth)
  • (g) whether the passage of the Modern Slavery Act 2018 (Cth) renders parts or all of the NSW Act unnecessary, or requiring of amendment to address inconsistencies or gaps
  • (h) the preferred course of action to address the matters identified
  • (i) any other related matter.

Below is the submission made by Justine Nolan and Martijn Boersma.

Submission to NSW MSA 2019 NOLAN BOERSMA Oct 4 2019

What Gives Multistakeholder Initiatives Legitimacy?

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Multistakeholder initiatives are often heralded as a solution to many social and environmental issues. Yet, due to their composition, these initiatives are not without tensions and challenges. This paper examines which factors determine the (il)legitimacy of multistakeholder initiatives in the context of efforts to remediate child labor.

Abstract

Child labor in global supply chains is increasingly addressed through multistakeholder initiatives. However, the participation of stakeholders with distinct views and interests can generate tensions. Based on interviews with civil society actors, this research finds that tensions exist between the normative‐ethical and political‐strategic dimensions of multistakeholder initiatives, which are manifest in the existence of international and national norms and their contextual application, in definitions of child labor, risk and responsibility, and in doubts about corporate incentives to join multistakeholder initiatives. In addition, tensions exist concerning the effectiveness of supply chain auditing, enabling broader labor rights as a means to remediate child labor, and whether standards need to be mandatory or self‐regulation suffices. The success of collaboration depends on the effective navigation of these tensions. Failure to do so can undermine the legitimacy of multistakeholder initiatives from the perspective of civil society actors. The research finds that due diligence, in the shape of human rights risk assessments, is not subject to normative‐ethical/political‐strategic tensions, and can play a key role in the success of multistakeholder initiatives and the fight against child labor.

Download the full paper.

Changing Approaches to Child Labour in Global Supply Chains

My latest research finds that effective approaches to child labour in global supply chains are characterised by companies engaging with a broad range of stakeholders, taking a contextual and holistic approach by considering local circumstances and broader human rights, and by focusing on prevention and remediation. By shifting from code of conduct and auditing based approaches towards stakeholder collaboration and due diligence, companies are moving away from reactive and paternalistic approaches to child labour and instead increasingly adopt proactive and pluralistic strategies. The influence of the UNGPs has the potential to ameliorate some the tensions in multi-stakeholder partnerships by requiring companies to be first movers and using this advantage to include stakeholders rather than exclude them in developing CSR strategies. While these developments can help to elevate child labourers from latent and discretionary stakeholders to expectant and dependent stakeholders, they continue to rely on CSOs to add weight to their claims.