Tag Archives: modern slavery

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.

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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.

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 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.

Public Procurement and Social Impact in New South Wales

Associate Professor Chris F. Wright and I presented evidence at the “Inquiry into the Procurement Practices of Government Agencies in New South Wales and its Impact on the Social Development of the People of New South Wales”.

Public procurement represents a substantial portion of the economy and provides a unique opportunity to drive significant social and economic benefits. The power of public procurement can – and indeed should be – harnessed to promote decent work, local employment, and sustainable development.

Our submission makes several key recommendations aimed at enhancing the social and economic impact of government procurement:

Establish Centralised Procurement Oversight: We propose the creation of a centralised authority dedicated to overseeing procurement across all government departments and agencies.

Lower Threshold for Contract Disclosure: To enhance transparency and public trust, we recommend lowering the disclosure threshold for government contracts from $150,000 to $10,000, similar to the Commonwealth level.

Prioritise Local Suppliers: We suggest the implementation of a local procurement policy which prioritizes local suppliers, fostering regional economic development.

Social Procurement Clauses: Introducing social procurement clauses to help ensure that businesses providing secure, well-compensated jobs are eligible for government contracts.

Supplier Debarment: To maintain high ethical standards, we recommend the introduction of a supplier debarment regime, to exclude suppliers found guilty of dishonest, unfair, or illegal conduct from government contracts.

Other Key Takeaways From the Hearing:

  • Current procurement oversight ineffective due to lack of expertise and transparency issues, enforcement of anti-slavery policies in supply chains inadequate due to lack of follow-up and operationalisation. Expertise and capability building needed for enforcing social dimensions of contracts.
  • Strengthening worker representation in procurement ensures fair labour practices. Worker representation mechanisms can improve employee satisfaction, retention, and productivity, with positive impacts on procurement outcomes.
  • Government procurement can play a crucial role in creating an effective skills ecosystem. In Switzerland, procurement policies that give preferential treatment to firms with training apprentices increase the number of firms offering training without compromising quality.
  • Unions can play a positive role, as evidenced by studies showing improved training quantity and quality in countries with strong union presence. Unions have positive impact on productivity, worker wellbeing, and social benefits.
  • Value for money in NSW procurement often interpreted as price alone, despite social and economic benefits being important factors.
  • New South Wales government should require contractors to demonstrate compliance with work health and safety regimes.

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:

  1. Whether companies are actively facilitating remediation or merely reporting such actions;
  2. The types of remedies most commonly reported; and
  3. 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.

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.

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