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’ .
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.
In the last four years, the Australian Government has taken steps to address workplace exploitation in the operations and supply chains of Australian companies and this week it ratified the International Labour Organization’s (ILO) Protocol on Forced Labour.
With the ratification of the ILO Protocol on Forced Labour, Australia inches closer to making its response to modern slavery more survivor-centred, placing increased emphasis on the rehabilitation and compensation of those that have been exploited.
The Customs Amendment (Banning Goods Produced By Uyghur Forced Labour) Bill 2020 is currently under consideration by the Australian Senate Foreign Affairs, Defence and Trade Legislation Committee and a report is due by 12 May 2021.
Professor Justine Nolan and Dr Martijn Boersma have made a submission arguing that the Australian Government should:
Expand the proposed Bill to prohibit the importation of all goods produced or manufactured using forced labour (regardless of their geographical origin).
Consider the ability to impose fines on importers and end-buyers who import prohibit good and apply such fines for the provision of institutional support for survivors of trafficking and modern slavery.
Ratify ILO Protocol of 2014 to the Forced Labour Convention, 1930 (PO29) to ensure the development of holistic legislative framework that will sit alongside the Modern Slavery Act, and a new law that bans the importation of goods produced or manufactured using forced labour.
Consider publicly disclosing which goods are prohibited from importation, as well as associated importers, manufacturers and geographical locations.
Underpayment is becoming an increasingly prevalent issue in Australia, with certain industries and sub-sets of workers more affected than others. Given the increasing prevalence of wage theft, workers can become resigned to accept employment below the minimum wage due to expectations that underpayment is unavoidable. While the Fair Work Ombudsman (FWO) plays a key role in identifying and rectifying underpayments, increased funding is required to allow it to effectively uncover breaches. Both mandatory and voluntary supply chain measures can play a key role to help target the issue of underpayment. Our submission recommends new legislation be passed to better regulate labour standards and the gig economy, strengthening enforcement of existing regulations.
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.
Catalyst Australia researcher Martijn Boersma speaks to 2SER host Annamarie Reyes about exploitation in supply chains and what legislative measures the Australian Government must take. This includes ensuring that public procurement is ethical and making it obligatory for companies to disclose steps taken to combat exploitation in supply chains.
Australian businesses have recently been implicated in serious labour abuses, both within and beyond Australia’s borders. A new paper by Catalyst Australia and The Australia Institute examines legislative developments aimed at tackling slavery and trafficking in other jurisdictions, and argues that Australia should learn from these measures in the face of urgent human rights issues with immediate impacts for Australian companies, government, investors and consumers.
Justice Minister Michael Keenan has been accused of “death by committee” after he failed to respond to a report of a working group he set up recommending laws to stop exploitation in company supply chains.
The group has now released its own report fearing its recommendations will be ignored.
Exploitation scandals have hit major Australian brands over the past year. In February, Rip Curl was forced to apologise after its clothing labelled “made in China” was found to be made in North Korean factories. The company blamed a subcontractor.