Tag Archives: vulnerable workers

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.

Submission: Ethical Clothing Extended Responsibilities Scheme 2005 (NSW)

March 9, 2024Uncategorizedaddressing modern slavery, and footwear, Australia, clothing, companies, consumers, corporate social responsibility, CSR, ethical clothing, exploitation, forced labour, government, migrant workers, NSW, outworkers, Supply Chain, TCF, textiles, transparency, Unions, vulnerable workers, working conditionsmartijn

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:

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.
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.
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.
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.

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.”

Using Market Devices to Address Labour Abuses

September 9, 2022Uncategorizedaddressing modern slavery, civil society, cleaning, Cleaning Accountability Framework, companies, Corporate Governance, corporate social responsibility, exploitation, forced labour, labour standards, Market Devices, Supply Chain, transparency, Unions, vulnerable workers, wage theft, worker exploitationmartijn

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.

Modern Slavery Risks in the Cleaning and Security Industry

August 8, 2022Uncategorizedaddressing modern slavery, civil society, cleaning accountability frae, companies, consumers, Corporate Governance, corporate social responsibility, CSR, exploitation, forced labour, governance, labour standards, modern slavery act, regulation, Reporting, Supply Chain, supply chains, trafficking, transparency, Unions, vulnerable workers, worker exploitation, working conditionsmartijn

This briefing session brings together academic experts in the fields of modern slavery, labour law compliance, supply chain due diligence and temporary migrant workers, to share insights and advice on how universities can demonstrate leadership in promoting good labour practices. The aim of this briefing is to assist relevant stakeholders in the higher education sector to understand their role in promoting good labour practices, and provide guidance on practically how to do this. This briefing is aimed at professionals working in university procurement and contract management, university modern slavery working groups, university risk and compliance, cleaning and security contractors that currently hold contracts at university campuses.

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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.

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Child Labour in Hyundai’s Supply Chain

July 30, 2022Uncategorizedchild labour, companies, Corporate Governance, corporate social responsibility, CSR, forced labour, human rights, Hyundai, labour, vulnerable workers, working conditionsmartijn

The carmaker is facing questions after serious allegations of child labour being used in one of its US subsidiary steel plants. Australia’s Hyundai Motor Company has distanced itself from serious allegations of child labour in its US company’s subsidiary steel plant.

The allegations come after an investigation from Reuters revealed that several children, one as young as 12, have missed school to work at the Korean carmaker’s subsidiary, called SMART Alabama LLC.

According to the Reuters report, local police, three underage children, eight former and current employees of SMART have all said the flagship assembly employed underage staff to work long shifts.

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Will Ratification of the ILO Protocol on Forced Labour Make Australia’s Approach to Modern Slavery More Survivor-Centred?

April 8, 2022Uncategorizedaddressing modern slavery, Australia, exploitation, forced labour, forced labour protocol, global supply chains, governance, human rights, human rights abuses, ILO, legislation, Martijn Boersma, modern slavery, ratification, supply chains, trafficking, transparency, vulnerable workers, worker exploitationmartijn

40.3 million people are a victim of modern slavery, 21 million of which are in forced labour.

While these estimates are not uncontentious, recurrent news reports that detail abusive working practices, including modern slavery in Australia and overseas, remind us that this is a real and significant problem.

For example, investigations into the Australian horticultural industry have uncovered a pattern of systemic underpayment and abuse of workers. Similarly, the production of rubber gloves in Malaysia is tainted by exploitative practices, such as excessive recruitment fees, withholding of passport and wages, threats to workers and forced overtime.

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.

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Research Article: Making sense of Downstream Labour risk in Global Value Chains

January 24, 2022Uncategorizedchild labour, corporate social responsibility, cotton, exploitation, forced labour, governance, human rights, labour, labour risk, labour standards, migrant workers, modern slavery, stakeholders, Supply Chain, supply chains, trade unions, transparency, vulnerable workers, worker exploitation, working conditions, xinjiangmartijn

While the efforts by actors on the buyer-side of value chains – such as brands and retailers – to address upstream labour abuses are well documented, there is a lack of research into how actors on the production-side of value chains – such as raw material producers – can identify and address downstream labour risks. This research presents the findings of an action research project that focused on the Australian cotton industry. By applying a sense-making lens, we propose four properties that can be used to identify labour risk in global value chains, providing insights into the capacity of producers to address downstream labour abuses. We suggest that there is a possibility for a ‘book-end’ approach that combines upstream and downstream actions by buyers and producers in global value chains.

The article can be found on the Journal of Industrial Relations website.

Seasonal farm workers make claims of ‘modern slavery’

February 8, 2022Uncategorizedagriculture, Australia, exploitation, farm workers, forced labour, horticulture, human rights abuses, labour standards, migrant workers, modern slavery, regulation, seasonal workers, vulnerable workers, worker exploitation, working conditionsmartijn

Some Pacific Islander workers say they feel like they are being “treated like slaves” as fruit pickers in Australia under the Seasonal Worker Programme.

For Samoan man Alex Muese, arriving in Australia to work was a dream come true.

Mr Muese, 34, carries great responsibility as he cares for eight children, his wife and her parents.

When he received his Seasonal Worker Programme (SWP) visa, he thought he would earn an hourly wage to support his family in Samoa.

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Tag Archives: vulnerable workers

Will Ratification of the ILO Protocol on Forced Labour Make Australia’s Approach to Modern Slavery More Survivor-Centred?

Seasonal farm workers make claims of ‘modern slavery’