I gave evidence to the Inquiry into Modern Slavery Risks Faced by Temporary Migrant Workers in Rural and Regional New South Wales. We discussed troubling realities such as forced labour, deceptive recruitment practices, wage violations, and precarious housing conditions. The submission that me and my colleagues made highlights structural factors making temporary migrant workers especially vulnerable, including inadequate regulation of labour-hire firms, limited data-sharing and reporting pathways, and the critical need for intersectionally-informed policies. Our submission offers detailed recommendations for strengthening worker protections, better enforcing workplace standards, proactively addressing the impacts of climate change, and creating more secure housing strategies.
Tag Archives: forced labour
Submission to Inquiry on Migrant Worker Exploitation in Rural NSW
Together with my colleagues Associate Professor Stephen Clibborn and Professor Chris Wright I made a submission to the Inquiry into Modern Slavery Risks Faced by Temporary Migrant Workers in Rural and Regional New South Wales.
This inquiry couldn’t come at a more crucial time—temporary migrant workers remain among our most vulnerable, often caught in a web of exploitation that’s hidden in plain sight. Our submission zeroes in on some urgent priorities to address migrant worker exploitation:
- Firstly, there’s the necessity of bolstering worker protections at both state and federal levels. Why should temporary migrant workers fall through cracks simply because their visa status makes them easy targets? State-level advocacy and supplementary protections could help bridge some dangerous gaps.
- Secondly, the spotlight shines brightly on labour hire regulations. Let’s face it: shady labour hire companies often get away with unacceptable practices. Introducing rigorous licensing schemes in NSW—especially in high-risk industries like agriculture and meat processing—could significantly disrupt exploitation networks.
- Then there’s data sharing. Rural migrant workers are frequently invisible to regulators. We need stronger reporting mechanisms, perhaps a robust hotline and anonymous digital reporting tools, to expose exploitative trends and act swiftly.
- Housing isn’t just about having a roof over your head. For migrant workers, employer-controlled accommodation often means being stuck in bad situations. The call here is for housing strategies tailored to the unique challenges faced by seasonal workers—breaking the vicious cycle that ties jobs too closely to housing.
- Climate change. Extreme weather means uncertain working conditions, which employers might exploit further. We need a climate-resilient, multi-stakeholder approach to ensure migrant workers aren’t left stranded when disaster strikes.
- Finally, it’s not enough to have blanket solutions. Policies must recognise how race, gender, visa status, and language intersect, amplifying vulnerabilities. Only by addressing these overlaps directly can we ensure real, meaningful protections.
Our full submission on migrant worker exploitation can be found below.
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.
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.
The Renewables Future is Built on Modern Slavery
I spoke to the folks at 360info about ways in which modern slavery and climate change intersect. Particularly, we talked about how efforts to mitigate climate change can inadvertently lead to an increase in labour exploitation.
The mineral Cobalt is in almost everything required for the future. Laptops, smartphones, and semiconductors all use this rock, which is mostly pulled out of mines in the Democratic Republic of Congo. Cobalt, along with Lithium is also set to revolutionise the way we live and power our world through solar panels and enormous battery storage, but as much as 30% of the cobalt mined in the DRC is done so by people working under conditions described as modern slavery. So the question is, now that we know, what do we do about it? In this episode, we explore what is being done to preserve our world against modern slavery a problem that traps 50 million people around the world. Providing expert insight is Associate Professor Martijn Boersma from the University of Sydney.
Revealed: Weak Remedy Under the Australian Modern Slavery Act
Effective remedy is a key element of human rights protection. The United Nations’ Guiding Principles on Business and Human Rights (UNGPs) stress the importance of both state and business entities providing access to effective remedies. Despite this, the effectiveness of remedial mechanisms varies, with remediation emerging as a shortfall in Australia’s efforts to meet international legal obligations and business standards. This research delves into the practical challenges and responses to remediation, leveraging insights from a detailed study on the effectiveness of the Modern Slavery Act 2018 (MSA) in Australia. It draws on insights from a comprehensive, multi-year collaborative study to explore how businesses interpret and respond to the remedial requirements outlined in the MSA.
It tackles three pivotal inquiries concerning the provision of remedies:
- Whether companies are actively facilitating remediation or merely reporting such actions;
- The types of remedies most commonly reported; and
- The extent to which key stakeholders are involved in developing these remedies.
The findings, published in a Special Issue of the Journal of Modern Slavery, on “Access to Remedy for Survivors of All Forms of Slavery, Trafficking and Forced Labour” suggest that the Modern Slavery Act falls short in promoting effective remediation processes. It highlights a lack of significant engagement by businesses in remediation efforts under the MSA, indicating that the Act may not be effectively facilitating remediation processes.
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:
- 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.
- 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.
- 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.
- 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.
Why Australia Needs an Anti-Slavery Commissioner
Last week, a 47-year-old Queensland man was charged with 46 offences, including torturing and enslaving deckhands on his fishing boats.
The accused allegedly intimidated and attacked his employees, and withheld food and water. He will appear in court next month.
Australia is estimated to have 41,000 people trapped in modern slavery. People can be subjected to modern slavery through coercion, deception and violence. This includes acts such as grooming, wage theft and restriction of movement.
In Australian and international law slavery is defined as:
the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.
Modern slavery is distinct from historical slavery in that people are no longer legally owned but are instead subjected to illegal control.
Continue reading Why Australia Needs an Anti-Slavery Commissioner
New Books Network Podcast on “Addressing Modern Slavery”
Before you left your house this morning, chances are that you used products and consumed goods that were produced by modern slavery. From the coffee you drink, to the clothes and shoes that you wear, to the phone that you use, modern slavery is a pervasive global problem that encroaches into the daily lives of all of us.
In Addressing Modern Slavery, Professor Justine Nolan and Associate Professor Martijn Boersma provide a comprehensive and accessible account of the role of businesses, governments and consumers in the proliferation of modern slavery. They address both the gaps in protection of workers in the global supply chain, and what more can be done to protect the dignity and human rights who are denied the chance to earn a decent living. In today’s conversation, we spoke about the emergence of corporate social conscience, the work that laws can do, the role that civil society can play, and a need for better enforcement mechanisms which will adequately address modern slavery. This is a really important book about a global phenomenon that is unsustainable. A must read for businesses, governments and consumers.
Professor Justine Nolan is the Director of the Australian Human Rights Institute and a Professor in the Faculty of Law and Justice at UNSW Sydney. Her research focuses on the intersection of business and human rights, in particular, supply chain responsibility for human rights and modern slavery.
Dr. Martijn Boersma is an Associate Professor at the University of Notre Dame Australia and an Adjunct Fellow at the University of Technology Business School. His research focuses on the intersection of business and society, and includes areas such as labour standards in supply chains; corporate governance and social responsibility; gender diversity in corporate leadership; modern slavery; and employment and industrial relations.
Review of the NSW Modern Slavery Act 2018
On Monday 30 October I gave evidence to the Modern Slavery Committee of the NSW Legislative Council, regarding the review of the NSW Modern Slavery Act 2018. I spoke about the need for continued attention and resolve to ensure both fiscal and ethical responsibility in public spending. A transcript of the evidence can be found below.