Tag Archives: human rights

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

January 22, 2025Uncategorizedapparel, certification, cotton industry, due diligence, human rights, labour rights, modern slavery, partnerships, reshoring, right-shoring, strategic enforcement, Supply Chain, textiles, traceability, transparency, Value Chain, worker-driven initiativesmartijn

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.

Examining the Path Ahead in Fighting Modern Slavery

December 13, 2024UncategorizedAustralian Modern Slavery Act, California Transparency in Supply Chains Act, Consumer Activism, Corporate Accountability, Corporate Compliance, corporate social responsibility, Ethical Business Practices, Forced Labor, global supply chains, human rights, human trafficking, Labor Exploitation, modern slavery, Norm Diffusion, Regulatory Enforcement, Risk Disclosure, Supply Chain Due Diligence, Supply Chain Transparency, Transparency Legislation., Worker Conditionsmartijn

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.

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Revealed: Weak Remedy Under the Australian Modern Slavery Act

April 3, 2024Uncategorizedaddressing modern slavery, Australia, companies, Corporate Governance, corporate social responsibility, due diligence, exploitation, forced labour, global supply chains, governance, human rights, human rights abuses, Martijn Boersma, modern slavery, modern slavery act, remediation, Remedy, vulnerable workers, worker exploitationmartijn

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.

Business and Human Rights Training for National Human Rights Institutions in Asia

March 8, 2024Uncategorizedbangkok, business and human rights, civil society, companies, consumers, Corporate Governance, corporate social responsibility, CSR, due diligence, global supply chains, governance, government, human rights, human rights abuses, national human rights institutions, training, united nations, united nations development programmemartijn

The United Nations Responsible Business and Human Rights Forum for Asia-Pacific took place in Bangkok, Thailand from 5-9 June 2023. Together with Professor Justine Nolan from the Australian Human Rights Institute at UNSW Sydney and Ahmed Shahid from the Asia-Pacific Forum, I delivered a business and human rights training training over two sessions on 5-6 June 2023. It was designed as a collaborative and interactive program intended to foster knowledge by involving participants in discussions and practical exercises to enhance their ability to handle business and human rights issues.

You can read more reflections below the post. Photo credit: UNDP.

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New Books Network Podcast on “Addressing Modern Slavery”

January 15, 2024Uncategorizedaddressing modern slavery, civil society, companies, consumers, Corporate Governance, corporate social responsibility, due diligence, exploitation, forced labour, global supply chains, human rights, Martijn Boersma, modern slavery, transparencymartijn

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

November 7, 2023Uncategorizedaddressing modern slavery, civil society, companies, Corporate Governance, corporate social responsibility, due diligence, exploitation, forced labour, global supply chains, government, human rights, modern slavery, modern slavery act, modern slavery committee, nsw modern slavery act, Supply Chain, transparency, worker exploitationmartijn

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.

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Modern Slavery Good Practice Toolkit

July 2, 2023Uncategorizedaddressing modern slavery, Australia, civil society, companies, Corporate Governance, corporate social responsibility, CSR, exploitation, forced labour, global supply chains, human rights, labour, labour standards, legislation, Martijn Boersma, modern slavery act, Supply Chainmartijn

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

May 28, 2023Uncategorizedaddressing modern slavery, Australia, civil society, companies, consumers, Corporate Governance, corporate social responsibility, due diligence, exploitation, forced labour, global supply chains, human rights, Martijn Boersma, modern slavery, modern slavery act, review, trafficking, worker exploitationmartijn

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.

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

May 27, 2023Uncategorizedaddressing modern slavery, Australia, civil society, companies, consumers, corporate social responsibility, exploitation, forced labour, global slavery index, global supply chains, human rights, modern slavery, modern slavery act, vulnerable workers, walk free, worker exploitationmartijn

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?

April 3, 2023Uncategorizedaddressing modern slavery, Australia, companies, Corporate Governance, corporate social responsibility, CSR, due diligence, exploitation, forced labour, global supply chains, government, human rights, human rights abuses, modern slavery, modern slavery act, remediation, Reportingmartijn

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.