When the UK Modern Slavery Act was introduced in 2015 and its Australian counterpart followed three years later, these pieces of legislation were heralded as ground-breaking.
Both Acts require entities that meet the annual revenue threshold to report on the risks of modern slavery in their operations and supply chains, what actions they have taken to address those risks, and what the outcomes of those efforts have been.
Crucially, the Modern Slavery Act in each country lacks hard sanctions for non-compliance and solely relies on stakeholder scrutiny and market forces for enforcement.
The UK Home Office states that “failure to comply […] may damage the reputation of the business. It will be for consumers, investors and Non-Governmental Organisations to engage and/or apply pressure where they believe a business has not taken sufficient steps”.
In Australia, Home Affairs states that non-compliance can “damage your entity’s reputation, undermine your ability to do business with other entities and damage investor confidence.”
While Australian entities are yet to report, reporting in the UK has been underwhelming. In 2017, 43 per cent of companies on the London Stock Exchange did not produce a report, nor did 42 per cent of the top 100 companies that were awarded government contracts.
It appears that many businesses in the UK had no fear of a consumer backlash for being non-compliant with the Act, even if that consumer was the government itself.
The vague threat of reputational risk thus seems insufficient to prompt action. This is corroborated by the UN Special Rapporteur on Contemporary Forms of Slavery, who commented that “soft law’ frameworks have […] had a limited effect in ensuring corporate and state accountability”.
Andrew Forrest has called on the Australian government to consider legislation similar to the UK Modern Slavery Act to ensure Australian companies are held responsible for exploitation in their supply chains.
The billionaire businessman and philanthropist said Australia had the opportunity to lead the response to an issue deeply ingrained in the Australia Pacific region, which accounts for about two-thirds of the 45 million people in modern slavery globally.
“Critically, Australia’s supply chains are largely through Asia,” Mr Forrest said. “In this sense we are very exposed, and likely to suffer significant political and economic impact if slavery is found to be connected with our corporations or our government in any way.
“Australia could be the first country in the region to enact comprehensive legislation that ensures corporations are held to account for modern slavery in their supply chains, similar to the UK Modern Slavery Act 2015.”
There are more people subjected to slavery-like practices today than at any time in history: almost 21 million people are victims of forced labour.
Due to complex and opaque supply chains, something you wear, eat or drink may very well have touched the hands of a person, even a child, working under duress and in hazardous conditions.
These human rights abuses are linked to Australian companies, investors, government and consumers through global supply chains: 60 per cent of trade in the real economy depends on the supply chains of 50 companies, which only employ 6 per cent of workers directly.
A total of 11.7 million victims of forced labour and 78 million child labourers are located in the Asia-Pacific region. Given the fact that seven countries in this region comprise Australia’s top 10 import sources, Australian companies and government have a responsibility to meet these human rights abuses head on.
Supply chains that deliver everyday products to our fridges and tables can link unsuspecting consumers to labour and human rights abuses. Supply chain transparency is a better answer to the issue of worker abuse than “cracking down” on visas, which can make workers more vulnerable to exploitation.
The Apple brand is not only one of the most famous in the world, it is also the one with the highest value. Although Apple shares have plummeted during the last months, the latest brand value rankings show that the brand remains the best in the world. In addition to this, in the third quarter of 2012 Apple had a market capitalisation of US$ 625 billion, by far the largest in the world, on top of which it had and it had a US $117 billion cash hoard. You would think that a company this size would pay a fair amount of tax, but Apple thinks differently.