Tag Archives: transparency

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

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.

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.

Submission: Ethical Clothing Extended Responsibilities Scheme 2005 (NSW)

The Inquiry into the Ethical Clothing Extended Responsibilities Scheme 2005 (NSW), undertaken by the Modern Slavery Committee, is a comprehensive evaluation focused on the Scheme’s role in mitigating modern slavery within the clothing manufacturing sector of New South Wales (NSW). It delves into the textiles, clothing, and footwear (TCF) industry’s characteristics, examining aspects such as industry size, workforce demographics, supply chain complexities, and the prevalence of modern slavery. Additionally, the inquiry reviews the Scheme’s current application, its alignment with international human rights standards, and the need for any modifications to enhance its effectiveness. It also explores the Scheme’s enforceability, including methods to promote compliance, and considers extending the Scheme to other industries vulnerable to modern slavery due to their supply chain characteristics. This investigation is crucial for identifying strategies to combat modern slavery, ensuring that the TCF industry, and potentially other sectors, operate in line with global human rights commitments and provide better protection for workers in NSW.

My co-authored submission offers several recommendations to enhance the Ethical Clothing Extended Responsibilities Scheme to mitigate modern slavery within the clothing manufacturing sector NSW:

  1. Promote Supply Chain Mapping: The scheme’s unique approach to examining the entire supply chain from retailer to outworker helps in identifying vulnerabilities and instances of modern slavery that may be overlooked by Commonwealth legislation. It’s suggested that state action is needed to mandate such mapping for smaller entities not covered at the Commonwealth level.
  2. Create a Supply Chain Database: The establishment of a comprehensive database to capture detailed supply chain information is recommended. This would aid various stakeholders, including the NSW Office of Industrial Relations, the Fair Work Ombudsman, and the NSW Anti-Slavery Commissioner, by providing them with readily accessible information.
  3. Articulate Collaboration between Government Agencies: The proposals for supply chain mapping and database creation are in line with the objectives of both NSW and Commonwealth governments to combat modern slavery. The recommendation emphasizes enhanced inter-agency collaboration, which can augment existing policy goals and lead to more effective oversight and action against modern slavery within supply chains.
  4. Explore Extension of the Scheme: The recommendation suggests that the scheme could serve as a model for other industries. By enhancing transparency, accountability, and worker protection, it could pave the way for similar oversight in industries that are at high risk of modern slavery and labor standards violations, especially those industries with many entities below the Modern Slavery Act (2018) reporting threshold.

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.

Continue reading Why Australia Needs an Anti-Slavery Commissioner

New Books Network Podcast on “Addressing Modern Slavery”

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

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

From Local to Global: Best Practice in Fighting Modern Slavery

If people are serious about ending modern-day slavery, consumers need to be prepared to pay more and companies must be prepared for a drop in profits, while governments must pass unpopular legislation, a professor of law at the Catholic University of America has warned.

Professor Mary Graw Leary is a founding director of the Bakhita Initiative for the study and disruption of modern-day slavery.

In her address to The Tablet webinar, “From local to global: best practice in fighting modern slavery and human trafficking”, sponsored by the University of Notre Dame Australia, she acknowledged that “great strides” have been made in fighting modern slavery and human trafficking in a fairly short period of time.

Continue reading From Local to Global: Best Practice in Fighting Modern Slavery

Broken Promises: business failure on modern slavery

A new report, Broken Promises: Two years of corporate reporting under Australia’s Modern Slavery Act, examines the second year of corporate statements submitted to the Government’s Modern Slavery Register by 92 companies sourcing from four sectors with known risks of modern slavery: garments from China, rubber gloves from Malaysia, seafood from Thailand and fresh produce from Australia.

It finds that:

  • 66% of companies reviewed (down from 77% in the first year) are still failing to comply with the basic reporting requirements mandated by the legislation, with some companies not submitting reports at all;
  • Over half (56%) of the commitments made by companies in the first year of reporting to improve their modern slavery response remained unfulfilled based on their second year statements;
  • 43% of companies reviewed (down from 52% in the first year) are still failing to identify obvious modern slavery risks in their supply chains;
  • There is a mere 6% increase in the number of companies appearing to be taking some form of effective action to address modern slavery risks, with two in three companies still failing to act.

Using Market Devices to Address Labour Abuses

This study examines how the risk of labour standards noncompliance can be rendered calculable and commensurable through a market device. We present a case study of the Cleaning Accountability Framework (CAF), an industry certification scheme, which seeks to address labour exploitation in the Australian contract cleaning industry. We pay particular attention to the central device of the certification scheme – the pricing schedule. We examine how the pricing schedule shaped the calculative space informing contracting parties during the procurement process. In doing so, the pricing schedule increased transparency around the potential risk of labour standards noncompliance. The nature of this transparency and the perceived objectivity of the pricing schedule acted to reshape the market for contract cleaning, resulting in a redistribution of accountability for labour exploitation. We also examine how the pricing schedule formed part of a wider framework of accountability, and how these mechanisms enabled strategic co-enforcement of labour standards compliance by supply chain stakeholders. Overall, our study indicates the potential for accounting practices to play a more active role in shaping how markets address modern slavery risks.