New Paper: Addressing Downstream Human Rights Risks in the Cotton Value Chain

The textile and apparel industry, although immense in its economic contributions and global reach, harbours persistent challenges in working conditions. In my latest co-authored paper, conducted alongside a fantastic team of co-authors, I set out to explore how actors at the very beginning of the value chain—namely Australian cotton producers—could help address downstream human rights risks that arise far beyond the farm gate. While cotton grown in Australia is widely considered to have a low risk of exploitation, it journeys through multiple tiers of spinners, fabric mills, and garment factories in overseas locations. Understanding and mitigating the labour and human rights risks in these downstream stages became our focal pursuit.

Conceptualising the Cotton Value Chain

We began by examining the way in which the value chain is typically framed. It is easy to imagine a neat, linear progression—cotton fields to yarn spinners to textile producers to garment assemblers, ultimately reaching retailers and then consumers. Yet the reality is very different. Cotton bales from Australia may be blended with fibres from other regions; apparel production occurs in distant factories run by subcontractors, and retailers may struggle to track exactly which fields supplied the cotton in their clothing and apparel. This fragmentation is precisely what makes oversight and accountability so difficult.

Through interviews and desktop analyses, we find that cotton producers typically focus on on-farm issues, such as pesticide use or water management, while fashion brands and retailers concentrate on labour rights in the cutting-and-sewing stages. The zone in between—the realm of yarn and fabric manufacturing—remains partially neglected. Our findings highlight that, although the Australian cotton industry cannot monitor or control every tier of the supply chain, it can still make headway through strategic actions that extend past its usual sphere of influence.

Finding Points of Intervention

Our research revealed several possible intervention points, which include ramping up transparency, implementing robust traceability systems, promoting meaningful certification, forging deeper partnerships with mills and merchants, and supporting worker-driven initiatives on the factory floor. These strategies, however, bring their own obstacles. Small producers rarely have leverage over large global mills. Merchants seldom track precisely where bales travel after a sale, and it can be daunting for an Australian grower to impose contract terms on spinning or weaving facilities in multiple countries. Despite these barriers, there is a shared understanding that doing nothing is neither practical nor sustainable in a world where regulators, investors, and consumers are increasingly scrutinising each link in global production.

Establishing stronger ties with downstream actors rests on recognising that value chains are more intertwined than many of us imagine. Where there is trust and transparency, everyone stands to benefit: crop cultivators gain a more credible reputation for quality and ethical standards, mills secure reliable cotton supplies, retailers reduce reputational risks, and workers find themselves less vulnerable to exploitation. A willingness to break away from purely transactional arrangements—and form stable, multi-year collaborations—could pave the way for improved labour conditions. It may also enhance resilience for all involved in the chain.

Taking a Strategic Enforcement Approach

Another central concept in our work is strategic enforcement. Traditionally, enforcement falls to government agencies that inspect workplaces and impose sanctions for non-compliance. Yet the apparel industry’s far-flung operations have made it difficult for regulators to keep pace. Our research suggests that private, industry-led efforts can complement public regulation by focusing on areas where modest shifts—like including labour clauses in purchase contracts or participating in worker-driven social responsibility programs—may produce outsized effects. This hinges on identifying pivotal points of influence rather than attempting wholesale reform in one swift motion.

Some readers may wonder what this means for brands and consumers. Retailers keen to demonstrate responsible sourcing could champion Australian cotton precisely because it offers well-documented environmental and labour credentials at the farm level and shows promise for strategic engagement downstream. Shoppers, meanwhile, can look for products that disclose meaningful information about the fibres’ origins and the standards maintained throughout the supply chain. While certification logos and traceability innovations are no magic bullet to address downstream human rights risks, they can at least illuminate that formerly opaque passage from field to fashion.

Addressing Downstream Human Rights Risks

Our research underscores the significance of looking beyond the farm gate, of forging new collaborations, and of recognising the potential for downstream and upstream stakeholders to contribute to a fairer, safer, and more transparent value chain. The work is not merely about diagnosing downstream human rights risks, but about proactively brainstorming and testing constructive solutions. In the complex network of global fashion and apparel, Australian cotton has a chance to stand out as a trusted and responsible fibre if it is willing to follow its crop downstream and help cultivate better outcomes for the people who spin, weave, sew, and ultimately wear cotton around the world.

New Research on Modern Slavery and Survivor-Centered Remedies

Modern slavery frequently slip beneath the surface of mainstream business discourse. This article, “Humanizing supply chains: Turning the spotlight towards remediation in modern slavery scholarship,” investigates the importance of designing meaningful processes to help victims of exploitative working conditions. Governments have begun to impose additional legislative responsibilities on organisations, but such efforts often fail to prompt the deep-rooted changes that are urgently required. Indeed, the UK and Australian Modern Slavery Acts have shown little traction in producing robust survivor-centered remedies and mechanisms, underscoring the necessity for more thorough interventions.

Against this backdrop, our article explores how firms and entire supply chain networks can craft strategies that do more than merely satisfy legal requirements. We recognise that victim-survivors are often left marginalised, both by the cruelty of modern slavery itself and by well-meaning initiatives that fail to holistically address the dimensions of exploitation. To counteract this, we emphasise the importance of cross-disciplinary collaborations among supply chain scholars, legal experts, technology specialists, and non-governmental organisations. By joining forces, each perspective can shed new light on persistent blind spots and collectively foster restorative measures that actually matter.

We also highlight the need for real engagement with the lived experiences of workers previously ensnared by modern slavery, rather than seeing them as faceless statistics. When unethical labour is uncovered, there must be a concerted push toward sustainable solution-building that provided long-term solutions to structural issues. Businesses that genuinely confront these problems, rather than seeking to terminate contracts and walk away, are more likely to see improvement and earn trust from partners and the public. A proactive stance that embraces data-driven detection tools, thorough due diligence, and open collaborations with local stakeholder groups can help set a new standard.

Ultimately, the challenge lies in going beyond superficial compliance. It is about turning modern slavery into an urgent, shared concern that compels practical and immediate action. In our article, we strive to reorient the conversation around these needs and point researchers toward the gaps that must be addressed next. With the EU’s Corporate Sustainability Due Diligence Directive coming into force, companies will face increased scrutiny, but we believe it is the human element—the individual voices and stories behind the term “modern slavery”—that must guide scholarship and practice moving forward.

Examining the Path Ahead in Fighting Modern Slavery

In a world where an estimated 49.6 million people are trapped in modern slavery, addressing forced labor in global supply chains has become an urgent priority. Chapter 31 of The Palgrave Handbook on Modern Slavery explores the impact of two pivotal pieces of legislation—the California Transparency in Supply Chains Act (CTSCA) and Australia’s Modern Slavery Act (MSA)—on corporate transparency and accountability. Authored by Martijn Boersma, Mary Graw Leary, and Hiruy Wubie Gebreegziabher, the chapter delves into how these laws influence corporate disclosures, the challenges they face, and what lies ahead in the fight against labour exploitation.

Continue reading Examining the Path Ahead in Fighting Modern Slavery

Elevating Ethical Practices in the TCF Industry

Ethical Clothing Australia Week 2024 showcased a dynamic discussion in Sydney on transparency, risk mitigation, and tackling exploitation within the textile, clothing, and footwear (TCF) industry. Co-hosted with the University of Sydney’s Modern Slavery Unit and Business School’s MBA Dimensions Program, the panel brought together industry experts and advocates to address challenges and chart a path toward ethical practices.

National Manager Rachel Reilly emphasised the importance of empowering consumers to make ethical purchasing choices while eradicating exploitation in Australia’s TCF industry. The panel highlighted five key takeaways for transforming the sector:

  1. The Role of Unions in Worker Protection
    Unions provide a vital voice for workers, particularly those in precarious positions. As Jenny Kruschel of the CFMEU noted, workers need safe spaces to raise concerns without fear of retaliation. Research indicates a strong correlation between unionized workforces and reduced instances of modern slavery, underscoring unions’ essential role in supply chain transparency.
  2. Beyond Modern Slavery Statements
    The shift toward human rights due diligence marks a crucial evolution in corporate responsibility. Associate Professor Martijn Boersma stressed that businesses must move beyond reporting risks to actively addressing them through robust policies and proactive measures.
  3. Consumers Driving Change
    Consumer awareness has surged, with many Australians recognizing their potential connection to modern slavery through everyday purchases. Carolyn Kitto OAM of Be Slavery Free emphasized that governments must support consumers by rejecting imports linked to forced labor, encouraging ethical, local alternatives.
  4. Government Procurement as a Catalyst
    Ethical procurement by governments—backed by their significant economic footprint—can provide much-needed certainty for local manufacturers. Andrew Quinn of ABMT Apparel advocated for breaking down procurement projects to make them accessible to smaller, ethically accredited businesses.
  5. The Power of Transparent Supply Chains
    The New South Wales Ethical Clothing Extended Responsibility Scheme, a pioneering regulatory framework, demonstrated the value of granular transparency. As The Hon. Dr. Sarah Kaine highlighted, re-operationalizing such initiatives could ensure fair treatment of workers across supply chains.

The panel reaffirmed that collective action—spanning consumers, unions, businesses, and government—is essential to building a fairer, more ethical TCF industry. Complete coverage of the event can be found here.

The Right to Disconnect: From Policy to Practice

Australia’s introduction of a right to disconnect marks a critical step in addressing the challenges of hyperconnectivity in the modern workplace. Amendments to the Fair Work Act, effective from August 2024 for larger businesses, aim to safeguard workers’ personal time, allowing them to decline out-of-hours contact unless refusal is unreasonable. While the legislation is a milestone, the global experience shows that meaningful implementation requires more than policy—it demands a cultural shift.

Technology-enabled flexible work has brought benefits, such as autonomy and reduced commuting, but has also blurred the boundaries between work and personal life. Hyperconnectivity contributes to stress, burnout, and declining work-life balance, creating an urgent need for safeguards. Australia’s provisions draw on lessons from early adopters like France and Belgium, highlighting the importance of clear policies and supportive workplace cultures.

However, success hinges on practical action. Employers must adopt tailored strategies, such as automated email systems and clear communication on after-hours expectations. Training and awareness programs will be key to fostering environments where workers feel empowered to disconnect without fear of repercussions. This right represents more than a legal change—it is an opportunity to recalibrate work-life boundaries in the digital age. By combining thoughtful legislation with proactive cultural and organizational initiatives, Australia can lead the way in crafting more sustainable and balanced work practices.

Australia’s Anti-Slavery Commissioner: RNZ and 6PR Radio Interview

I had the opportunity to speak with Radio New Zealand’s Ingrid Hipkiss on the Morning Report and 6PR Perth’s Gary Adshead about the appointment of Australia’s first Anti-Slavery Commissioner, Chris Evans. Australia has been a leader in modern slavery legislation since 2018, though there’s now an urgent need to update and enhance our laws to match global developments, especially in Europe. During these conversations, I discussed how the new commissioner will face the complex task of balancing civil society’s call for stronger protections with the business sector’s concerns about regulatory burden. There is a balance to strike, but meaningful changes are essential to ensure that Australia’s Modern Slavery Act keeps pace with the evolving standards worldwide.

New Research on the Political Influence of Proxy Advisors

This article presents a framework for examining the role of proxy advisors in campaigns for ethical investment. We argue that advisors have historically been assumed to be neutral and technical experts, when in fact they wield significant political influence, and can serve as gatekeepers or allies in campaigns for ethical investment. To substantiate these claims, we examined the role of proxy advisors as agents for disseminating norms of business behaviour. We first traced the ecosystem of actors in campaigns for ethical investment, highlighting the pivotal role that proxy advisors play in such movements and the market control of the two key players, and the implications of their potentially influential position. In doing so, we challenged some of the key arguments in favour of shareholder activism, predominately that it widens opportunities for political engagement. We introduced a norm contestation framework for analysis and applied this to proxy advisors as key actors in the ecosystem of market-based activism. Lastly, we explored this political influence through two case studies that illuminate proxy advisors’ role in judging companies on their ESG performance. We also detailed the backlash to the proxy advisory market, which affirms the arguments we regarding the political influence of proxy advisors, highlighting that this is recognised by regulators, and justifies further scholarly scrutiny.

Definition of Organizational Legitimacy – Encyclopedia of Corporate Governance

The Elgar Encyclopedia of Corporate Governance represents the definitive reference work in the field. The Encyclopedia presents an overarching guide to a wide variety of subjects within corporate governance, and forms an essential resource for academics, practitioners, and students alike. The Elgar Encyclopedia of Corporate Governance is edited by leading international scholars, and contains a broad collection of entries authored by key scholars within the field that collectively aim to provide a concise and accessible coverage of the essential subjects. Useful as a reference tool or high-level introduction to specific topics, issues, methods, and debates, this Encyclopedia is an invaluable contribution to the field. Below you will find an authoritative definition of organizational legitimacy.

Citation: Boersma, M. (2024). Organizational Legitimacy. In T. Clarke, W. Khlif, & C. Ingley (Eds.), Elgar Encyclopedia of Corporate Governance (p. 222). Edward Edgar Publishing Ltd.

Definition of Modern Slavery – Encyclopedia of Corporate Governance

The Elgar Encyclopedia of Corporate Governance represents the definitive reference work in the field. The Encyclopedia presents an overarching guide to a wide variety of subjects within corporate governance, and forms an essential resource for academics, practitioners, and students alike. The Elgar Encyclopedia of Corporate Governance is edited by leading international scholars, and contains a broad collection of entries authored by key scholars within the field that collectively aim to provide a concise and accessible coverage of the essential subjects. Useful as a reference tool or high-level introduction to specific topics, issues, methods, and debates, this Encyclopedia is an invaluable contribution to the field. Below you will find an authoritative definition of modern slavery.

Citation: Boersma, M. (2024). Modern Slavery. In T. Clarke, W. Khlif, & C. Ingley (Eds.), Elgar Encyclopedia of Corporate Governance (pp. 350–351). Edward Edgar Publishing Ltd.

Will lawyers exercise the right to disconnect?

Australian workers now have the right to disconnect from work after hours. Whether the legal profession takes advantage depends on an openness to culture change and reimagining client relationships.

In a landmark change to employment law, Australian workers can now refuse to monitor, read or respond to calls, texts, emails and other forms of contact outside working hours, unless that refusal is unreasonable.

The ‘right to disconnect’ is a response to the encroachment of work into personal life and growing concerns about work-related mental health issues linked to stress and overwork.

But what of professions like law where practitioners are expected to work long hours and service demanding clients, and are generally well-renumerated for their trouble – will these new laws make a meaningful difference to lawyers’ working habits?

Some commentators believe this regulatory change will help to balance the advantages of digital flexibility with protections against overwork, but there are concerns about enforceability and the appetite of law firms and employers across the profession to tolerate a cultural shift in the way practitioners work.

Continue reading Will lawyers exercise the right to disconnect?

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