Tag Archives: modern slavery

The Renewables Future is Built on Modern Slavery

September 12, 2024Uncategorizedbatteries, Climate change, cobalt, democratic republic of congo, energy transition, forced labour, modern slavery, polysilicon, renewables, solar panels, xinjiangmartijn

<span data-mce-type="bookmark" style="display: inline-block; width: 0px; overflow: hidden; line-height: 0;" class="mce_SELRES_start"></span><span data-mce-type="bookmark" style="display: inline-block; width: 0px; overflow: hidden; line-height: 0;" class="mce_SELRES_start"></span>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

July 5, 2024Uncategorizedeconomic growth, local supplier, Martijn Boersma, modern slavery, NSW, oversight, procurement czar, public procurement, skills, social clauses, social good, social impact, supplier debarment, trade unionsmartijn

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

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.

Why Australia Needs an Anti-Slavery Commissioner

January 23, 2024Uncategorizedaddressing modern slavery, companies, Corporate Governance, corporate social responsibility, due diligence, exploitation, forced labour, global supply chains, government, labour standards, Martijn Boersma, modern slavery, modern slavery act, Reporting, transparency, worker exploitationmartijn

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”

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.

Continue reading Review of the NSW Modern Slavery Act 2018 →

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.

Research on Political Investorism and Market Lobbying

February 7, 2023Uncategorizedadani, carmichael, Corporate Governance, divestment, insider lobbying, market lobbying, modern slavery, outsider lobbying, political investorism, shareholder activism, super funds, superannuation funds, unnatural insidermartijn

New research out today on political investorism and insider/outsider market lobbying, which analyses shareholder activism and lobbying of market actors. We argue that political investorism in Australia is shaped by our corporate governance rules and market power of superannuation (pension) funds. We identify a category of ‘unnatural insider’ to describe the tactic of traditional outsiders acquiring insider status for political aims. Case studies analysed include market lobbying and threatened boycotts of banks/insurers over the Adani Carmichael coal mine, shareholder targeting of Coles over modern slavery, and superfund divestment campaigns.

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Tag Archives: modern slavery

The Renewables Future is Built on Modern Slavery

Research on Political Investorism and Market Lobbying