Tag Archives: human rights

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.

Continue reading Summarised: Review of the Modern Slavery Act 2018 →

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.

Human Rights Due Diligence: An Overview

March 28, 2023Uncategorizedcompanies, Corporate Governance, corporate social responsibility, CSR, due diligence, exploitation, forced labour, human rights, human rights abuses, regulation, worker exploitationmartijn

The purpose of this resource is to offer a comprehensive overview of global human rights due diligence legislation, including both proposed and enacted laws. Initially created for the Australian Cotton Industry, this document is also valuable for policymakers, industry professionals, civil society, and scholars interested in understanding trends in human rights due diligence, comparing legislation across countries, and estimating anticipated changes for businesses operating in Australia.

The Growing Focus on Mandatory Due Diligence

Over the past few decades, there has been heightened scrutiny on the societal impacts of businesses. International organizations have developed non-binding guidelines and recommendations since the 1970s, acknowledging companies’ responsibility to uphold human rights and implement due diligence across supply chains. However, these voluntary international agreements have fallen short in effectively safeguarding human rights within commercial supply chains. Consequently, governments have experienced increasing pressure to incorporate these guidelines into domestic legislation.

In recent years, there has been a notable increase in country-level due diligence legislation, inspired by guidelines from international organizations. Examples of such legislation include the California Transparency in Supply Chains Act 2010, the UK Modern Slavery Act 2015, the French Corporate Duty of Vigilance Law 2017, and the Australian Modern Slavery Act 2018. Our analysis highlights the rapid development of due diligence legislation, with numerous drafts currently under parliamentary discussion. Critics have voiced concerns regarding the nature of these reforms, citing lenient penalties, weak requirements, and a limited scope of businesses affected. Despite these criticisms, the growing prevalence of domestic due diligence legislation demonstrates its potential to pave the way for significant change.

Key trends in human rights due diligence legislation:

Increasing robustness: New legally binding regulatory frameworks are becoming increasingly more robust, with the expectation that mandatory due diligence across supply chains will be the end result.
Expanding expectations: There is a growing expectation for small and medium-sized businesses to incorporate aspects of due diligence, as seen in the Aotearoa New Zealand proposal and Canadian Modern Slavery Act.
Industry-specific legislation: Laws targeting specific industries have emerged, such as the New York Fashion Act and the US FABRIC Act.
Broadening scope : Some proposals extend the scope of workplace violations to include worker exploitation, as in the Aotearoa New Zealand proposal.
Legal redress for victims: Certain laws provide opportunities for victims to seek legal redress, as in the Dutch Child Labor Law.
Increased fines and penalties: Some acts impose higher fines and penalties, such as the US Uyghur Forced Labor Act and the German Act on Corporate Due Diligence.

These trends indicate a global shift towards stronger and more comprehensive human rights due diligence legislation, emphasising the importance of businesses in upholding human rights and promoting sustainability across their supply chains.

Muslim countries vote down UN Human Rights Council Xinjiang debate

November 21, 2022Uncategorizedexploitation, forced labour, global supply chains, governance, government, human rights, human rights abuses, Human Rights Council, modern slavery, uyghur, xinjiangmartijn

Uyghur Australians have condemned Muslim-majority member countries of the United Nations Human Rights Council for voting down a debate on allegations of human rights abuses against minorities, including Muslims and Uyghurs in Xinjiang, China.

Among the 19 members who voted against the debate were Pakistan, Indonesia, the United Arab Emirates (UAE), Qatar, Kazakhstan, and Uzbekistan.

Australian resident and exiled Uyghur, Arslan Hidayat, described it as another “stab in the back” — singling out the votes from Kazakhstan and Uzbekistan, both Turkic countries with historical connections to the Uyghur community.

Continue reading Muslim countries vote down UN Human Rights Council Xinjiang debate →

The Law Down Under Podcast: Modern Slavery

September 9, 2022Uncategorizedaddressing modern slavery, Corporate Governance, corporate social responsibility, exploitation, forced labour, global supply chains, human rights, labour standards, migrant workers, modern slavery act, regulation, Reporting, Supply Chain, trafficking, transparency, worker exploitation, working conditionsmartijn

UN report on China’s abuse of Uyghurs: What Should Australia Do in Reponse?

September 9, 2022Uncategorizedaddressing modern slavery, Australia, China, civil society, companies, consumers, Corporate Governance, corporate social responsibility, exploitation, forced labour, global supply chains, government, human rights, human rights abuses, modern slavery, Uyghursmartijn

For three years, Sadam Abdusalam watched his newborn grow into a toddler through the screen of a mobile phone. He was thousands of kilometres away in Australia, and his son Lufti and his wife Nadila were stuck in China’s Xinjiang province, unable to leave.

A Uyghur originally from Xinjiang, Mr Abdusalam was separated from his family for three years after the Chinese Communist Party (CCP) seized Nadila’s passport in 2017. He said the CCP began taking “as many” Uyghurs’ passports as they could in that year.

Continue reading UN report on China’s abuse of Uyghurs: What Should Australia Do in Reponse? →

Envisioning Wellbeing Economies through the Australian Fashion Industry Context

September 9, 2022UncategorizedAustralia, civil society, consumers, Corporate Governance, corporate social responsibility, ethics, fashion, forced labour, global supply chains, human rights, supply chains, Sustainability, Wellbeingmartijn

Sustainability leaders, experts, industry and innovators from Australia, New Zealand and the Pacific came together to share their knowledge on sustainability challenges and opportunities in the Oceania region as part of a major international sustainability event.

Coordinated by Future Earth Australia, Australian Academia and government partners hosted the sustainability-focused event in Brisbane from 29 June – 1 July 2022.

Sessions were held over three days and covered any aspects of sustainability: climate change, Indigenous knowledges, coastal resilience, urban sustainability, synthetic biology and more. It will focus on sustainability issues and challenges unique to Oceania.

The Oceania Satellite Event built on the outcomes of the inaugural SRI2021 Congress last year in Brisbane, that featured more than 2000 attendees from over 100 countries.

Wellbeing Economies through Fashion

0:04 Welcome from Moderator : Assoc. Prof. Samantha Sharpe
2:12 Wellbeing Economy – Sufficiency – UTS/ISF – Dr.Monique Retamal
10:04 Reuse / Repair – Monash – Aleasha McCallion
18:05 Policy & Stewardship – QUT – Assoc.Prof. Alice Payne
26:30 Inclusive fashion Practices and Intersectionality – USC – Deborah Fisher
34:36 Circularity – Monash – Julie Boulton.
47:04 Modern Slavery – UNDA – Assoc.Prof. Martijn Boersma
55:33 Regenerative Business models – UTS ISF – Karina Kallio
1:04:40 Discussion

Why a degree in modern slavery is a valuable addition to your CV

June 15, 2022Uncategorizedaddressing modern slavery, Australia, civil society, companies, Corporate Governance, corporate social responsibility, CSR, ethics, exploitation, Fair Work Ombudsman, forced labour, global supply chains, governance, government, human rights, human rights abuses, labour, labour standards, legislation, Martijn Boersma, migrant workers, modern slavery, modern slavery act, regulation, stakeholders, Supply Chain, supply chains, trade unions, trafficking, transparency, vulnerable workers, work, worker exploitation, working conditionsmartijn

Modern slavery may seem a distant issue in Australia, but a new course will teach graduates why an understanding of it is increasingly important in every business

It might be easy to imagine, especially in Australia, that slavery is a thing of the past. But an estimated 15,000 people were living in conditions of modern slavery here in 2016, through forced marriage and labour, sexual exploitation, debt bondage and human trafficking – exploitation that disproportionately affects women, children, asylum seekers and migrants. Globally, in that same year, 40.3 million victims were being abused.

Martijn Boersma is an associate professor of human trafficking and modern slavery at the University of Notre Dame Australia, where a new course aims to provide the skills and knowledge that will enable people to work proactively to put an end to the exploitation of vulnerable people.

Continue reading Why a degree in modern slavery is a valuable addition to your CV →

Modern Slavery and Climate Change – Towards an Integrated Approach

July 30, 2022Uncategorizedaddressing modern slavery, civil society, Climate change, companies, consumers, Corporate Governance, corporate social responsibility, CSR, environment, exploitation, forced labour, global supply chains, human rights, human rights abuses, migrant workersmartijn

Climate change has made millions vulnerable to modern slavery. Displacement and migration because of climate change creates a nexus of harm that pushes people to accept work that actively contributes to environmental destruction of forests, fisheries, waterways and land. Weak regulation and enforcement, corruption, a lack of political will and the lure of profits combined with vulnerability of people creates a vicious circle of opportunity for forced labour, child labour, debt bondage and slavery. In this webinar, speakers explored how an integrated approach to addressing modern slavery, climate change and environmental destruction can lead to impactful interventions by governments, communities, workers and business.

Hosted by: Jenny Stanger, Anti-slavery Taskforce, Catholic Archdiocese of Sydney

Facilitated by: Dr Martijn Boersma, Associate Professor of Modern Slavery and Human Trafficking at University of Notre Dame Australia

Continue reading Modern Slavery and Climate Change – Towards an Integrated Approach →

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Tag Archives: human rights

Muslim countries vote down UN Human Rights Council Xinjiang debate