tag:theconversation.com,2011:/es/topics/modern-slavery-act-68850/articlesModern Slavery Act – The Conversation2024-01-22T19:04:16Ztag:theconversation.com,2011:article/2213182024-01-22T19:04:16Z2024-01-22T19:04:16ZMore forced marriages and worker exploitation – why Australia needs an anti-slavery commissioner<figure><img src="https://images.theconversation.com/files/570522/original/file-20240122-19-t7w3m6.jpg?ixlib=rb-1.1.0&rect=272%2C115%2C4268%2C2723&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/kuala-lumpur-malaysia-january-18-2020-1630504594">Hafiz Johari/Shutterstock</a></span></figcaption></figure><p>Last week, a 47-year-old Queensland man was charged with 46 offences, including <a href="https://www.abc.net.au/news/2024-01-17/qld-torture-charges-slavery-fishing-vessel-karumba-police/103335626">torturing and enslaving</a> deckhands on his fishing boats.</p>
<p>The accused allegedly intimidated and attacked his employees, and withheld food and water. He will appear in court next month.</p>
<p>Australia is <a href="https://www.youtube.com/watch?v=L4dMl7G45vw">estimated to have 41,000 people trapped in modern slavery</a>. People can be subjected to modern slavery through coercion, deception and violence. This includes acts such as grooming, wage theft and restriction of movement. </p>
<p>In <a href="https://sherloc.unodc.org/cld/case-law-doc/traffickingpersonscrimetype/aus/2009/r_v_wei_tang_2009_23_vr_332.html?lng=en&tmpl=htms">Australian</a> and <a href="https://www.ohchr.org/en/instruments-mechanisms/instruments/slavery-convention">international law</a> slavery is defined as:</p>
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<p>the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.</p>
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<p>Modern slavery is distinct from historical slavery in that people are no longer legally owned but are instead <a href="https://books.google.com.au/books?id=3humDwAAQBAJ&pg=PT8&source=gbs_toc_r&cad=2#v=onepage&q&f=false">subjected to illegal control</a>.</p>
<h2>What is Australia doing to stop modern slavery?</h2>
<p>Forced marriage, forced labour, debt bondage, domestic servitude and deceptive recruitment are <a href="https://www.afp.gov.au/news-centre/media-release/human-trafficking-reports-continue-increase-australia">on the rise</a> in Australia.</p>
<p>Sadly, global conviction rates are low at <a href="https://www.unodc.org/documents/data-and-analysis/glotip/2022/GLOTiP_2022_web.pdf">(38%)</a>. In Australia, <a href="https://www.aic.gov.au/sites/default/files/2021-11/ti640_attrition_of_human_trafficking_and_slavery_cases.pdf">only 24 offenders were convicted</a> between 2004 and 30 June 2019.</p>
<p>Despite this, Australia is hailed as having one of the <a href="https://www.state.gov/reports/2022-trafficking-in-persons-report/australia/">strongest responses to modern slavery.</a>. This is largely due to the Modern Slavery Act.</p>
<p>In 2018, following the introduction of a Modern Slavery Act in the United Kingdom (2015), Australia adopted its own act. It requires large businesses to <a href="https://www.ag.gov.au/crime/people-smuggling-and-human-trafficking/modern-slavery">report on slavery risks</a> in operations and supply chains.</p>
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<a href="https://images.theconversation.com/files/570519/original/file-20240122-15-xz3akk.jpg?ixlib=rb-1.1.0&rect=0%2C32%2C5332%2C3604&q=45&auto=format&w=1000&fit=clip"><img alt="People waving placards at a protest" src="https://images.theconversation.com/files/570519/original/file-20240122-15-xz3akk.jpg?ixlib=rb-1.1.0&rect=0%2C32%2C5332%2C3604&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/570519/original/file-20240122-15-xz3akk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/570519/original/file-20240122-15-xz3akk.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/570519/original/file-20240122-15-xz3akk.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/570519/original/file-20240122-15-xz3akk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/570519/original/file-20240122-15-xz3akk.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/570519/original/file-20240122-15-xz3akk.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">Modern slavery is on the rise around the world but convictions have fallen.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/westminster-london-uk-october-19th-2019-1536531755">Alan Fraser Images/Shutterstock</a></span>
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<p>The effectiveness of the act in curbing slavery has come under <a href="https://www.humanrights.unsw.edu.au/research/testing-effectiveness-Australia-modern-slavery-act">scrutiny</a> and a bill to amend <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7122">it</a> and to appoint an anti-slavery commissioner is currently before parliament.</p>
<h2>What would an anti-slavery commissioner do?</h2>
<p>The appointment of a commissioner will be crucial to implement the recommendations made in the <a href="https://consultations.ag.gov.au/crime/modern-slavery-act-review/">2023 Modern Slavery Act review</a>.</p>
<p>The review made <a href="https://www.ag.gov.au/sites/default/files/2023-05/Report%20-%20Statutory%20Review%20of%20the%20Modern%20Slavery%20Act%202018.PDF">30 recommendations</a> to fix <a href="https://www.humanrights.unsw.edu.au/news/new-research-shows-companies-support-stronger-modern-slavery-laws">the act’s weaknesses</a>, which mainly revolve around <a href="https://www.hrlc.org.au/reports-news-commentary/2022/2/3/paper-promises-evaluating-the-early-impact-of-australias-modern-slavery-act">reporting variability</a> and <a href="https://www.hrlc.org.au/reports-news-commentary/broken-promises">lack of enforcement</a>.</p>
<p>One <a href="https://www.martijnboersma.com/summary-review-modern-slavery-act/">key recommendation</a> relates to the introduction of financial penalties for businesses failing to comply with the act, as <a href="https://www.humanrights.unsw.edu.au/news/new-report-shows-companies-failing-comply-modern-slavery-laws">levels of noncompliance are high</a>.</p>
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Read more:
<a href="https://theconversation.com/australias-modern-slavery-law-is-woefully-inadequate-this-is-how-we-can-hold-companies-accountable-206605">Australia's modern slavery law is woefully inadequate – this is how we can hold companies accountable</a>
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<p>Another recommendation imposes due diligence duties onto businesses. This would involve taking proactive action in identifying and responding to slavery risks, rather than just reporting on them.</p>
<p>Overall, a commissioner could play an <a href="https://www.humanrights.unsw.edu.au/news/strengthening-modern-slavery-responses-good-practice-toolkit">educational</a> and an enforcement role.</p>
<h2>Specific powers are needed</h2>
<p>The <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=r7122">Modern Slavery Amendment Bill 2023</a> outlines several functions for the proposed commissioner. </p>
<p>But many of these functions lack detail prompting a collective of civil society organisations and academics to make <a href="https://www.beslaveryfree.com/">a joint submission to parliament</a>, urging the government go further. </p>
<p>According to this group, the commissioner should have the authority to:</p>
<p><strong>Receive complaints and refer cases:</strong> For example, in the 2015–16 financial year, police in the UK recorded <a href="https://assets.publishing.service.gov.uk/media/5a75afee40f0b67b3d5c86ce/IASC_Annual_Report_2015-16_-_print-ready.pdf">884 modern slavery offences</a>. After the appointment of an anti-slavery commissioner, the number rose to <a href="https://www.lexology.com/library/detail.aspx?g=93471f22-7d4d-483a-bbd4-70238e5e0e7d">9,158 offences</a> in the 2021–22 financial year.</p>
<p>An Australian commissioner should support victim/survivors of modern slavery and affected parties by establishing a complaints mechanism.</p>
<p>This would help identify slavery cases and referrals to relevant authorities. It would assist law enforcement and organisations involved in resource allocation and could improve the <a href="https://www.parliament.nsw.gov.au/lcdocs/inquiries/2990/Report%20No%201%20-%20MSC%20-%20Review%20of%20the%20Modern%20Slavery%20Act%202018.pdf">low rates of detection</a> and conviction.</p>
<p><strong>Investigate, research, and provide advice:</strong> If the commissioner is required to publish annually a list of countries, industries, and products with a high risk of modern slavery, as is recommended in the 2023 Modern Slavery Act Review, then the power to investigate will be important.</p>
<p>Examples from overseas include the <a href="https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods">List of Goods Produced by Child Labor or Forced Labor</a>, maintained by the US Department of Labor, and the <a href="https://www.gov.br/mdh/pt-br/navegue-por-temas/combate-ao-trabalho-escravo/cadastro-de-empregadores-201clista-suja201d">Dirty List</a> produced by the Brazilian government, which lists employers found by inspectors to subject workers to “conditions analogous to slavery”.</p>
<p>Businesses required to comply with the Australian Modern Slavery Act should have a duty to cooperate with the commissioner.</p>
<p><strong>Support the shift from reporting to mandatory due diligence:</strong> <a href="https://www.nortonrosefulbright.com/en/knowledge/publications/ff7c1d04/the-german-supply-chain-act">Germany</a>, <a href="https://www.business-humanrights.org/en/big-issues/corporate-legal-accountability/frances-duty-of-vigilance-law/">France</a> and <a href="https://www.mercer.com/insights/law-and-policy/norway-companies-face-new-human-rights-due-diligence-reporting/">Norway</a> have all adopted laws requiring businesses to proactively manage potential adverse human rights impacts as a result of their activities. Similar laws are planned in <a href="https://sustainablefutures.linklaters.com/post/102i833/the-netherlands-a-dutch-initiative-for-a-value-chain-due-diligence#:%7E:text=Next%20steps,Diligence%20Act%20will%20be%20revoked">The Netherlands</a> and the <a href="https://commission.europa.eu/business-economy-euro/doing-business-eu/corporate-sustainability-due-diligence_en">European Union</a>.</p>
<p>The looming duty for businesses operating in Australia to proactively act on modern slavery risks, rather than just reporting on them, will significantly shape the commissioner’s function.</p>
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Read more:
<a href="https://theconversation.com/im-really-stuck-how-visa-conditions-prevent-survivors-of-modern-slavery-from-getting-help-209139">'I’m really stuck': how visa conditions prevent survivors of modern slavery from getting help</a>
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<p>The commissioner will have to support the introduction of due diligence processes, which will require substantial attention and resource allocation.</p>
<p><strong>Act independently from government:</strong> The <a href="https://assets.publishing.service.gov.uk/media/5f5f425fe90e076cce6fb49c/independent-msa-review-interim-report-1-iasc__1_.pdf">review of the Modern Slavery Act in the UK</a> provides direction for the Australian commissioner in maintaining independence.</p>
<p>Independence means the commissioner is free to scrutinise the efforts of government departments and agencies, the police, and others working in prevention, prosecution and protection.</p>
<p>Failure to provide an Australian anti-slavery commissioner with this independence, adequate resourcing and relevant powers, could undermine the effective functioning of Australia’s Modern Slavery Act.</p>
<p>The government is expected to report on the amendment bill on 21 February.</p><img src="https://counter.theconversation.com/content/221318/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Martijn Boersma receives funding from the Australian Research Council.</span></em></p><p class="fine-print"><em><span>Fiona McGaughey received funding from Walk Free in 2023 to research forced marriage.</span></em></p><p class="fine-print"><em><span>Shelley Marshall receives funding from the Australian Research Council. </span></em></p><p class="fine-print"><em><span>Justine Nolan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Appointing an anti-slavery commissioner is critical to stamping out abuse of more than 40,000 people in Australia who trapped by forced marriages or controlling employers.Martijn Boersma, Associate Professor, University of Notre Dame AustraliaFiona McGaughey, Associate Professor in International Human Rights Law, The University of Western AustraliaJustine Nolan, Professor of Law and Justice and Director of the Australian Human Rights Institute, UNSW SydneyShelley Marshall, Professor, RMIT UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2163222023-11-02T22:15:48Z2023-11-02T22:15:48ZHow Canadian companies can use tech to identify forced labour in their supply chains<figure><img src="https://images.theconversation.com/files/557005/original/file-20231101-19-pz1lh7.jpg?ixlib=rb-1.1.0&rect=29%2C37%2C4962%2C3293&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Canadian companies will soon be legally obligated to annually report on efforts to prevent and remediate forced and child labour in their supply chains. Technology could help them do this.</span> <span class="attribution"><span class="source">(Shutterstock)</span></span></figcaption></figure><iframe style="width: 100%; height: 100px; border: none; position: relative; z-index: 1;" allowtransparency="" allow="clipboard-read; clipboard-write" src="https://narrations.ad-auris.com/widget/the-conversation-canada/how-canadian-companies-can-use-tech-to-identify-forced-labour-in-their-supply-chains" width="100%" height="400"></iframe>
<p>Levi Strauss Canada is yet another company facing <a href="https://core-ombuds.canada.ca/core_ombuds-ocre_ombuds/press-release-levi-strauss-communique.aspx?lang=eng">allegations of forced labour in its supply chain</a>. The allegations, <a href="https://www.ctvnews.ca/canada/corporate-ethics-czar-investigating-levi-strauss-over-alleged-links-to-forced-labour-1.6570081">which Levi Strauss denies</a>, centre on whether the company is working with suppliers using Uyghur forced labour. With over <a href="https://www.ilo.org/global/topics/forced-labour/publications/WCMS_854733/lang--en/index.htm">27 million people worldwide</a> in forced labour, we can expect to witness similar allegations elsewhere in the coming years. </p>
<p>While Canada enjoys strong protections against labour exploitation, the issue of involuntary work may hit closer to home than expected. The reality is that forced labour <a href="https://www.businessinsider.com/companies-brands-china-supply-chains-illegal-forced-labor-2022-12">could have been used to produce many of our everyday items</a>, including clothing, electronics and vehicles. </p>
<p>Canada has taken a significant step in addressing this problem through the <a href="https://laws.justice.gc.ca/eng/acts/F-10.6">Fighting Against Forced Labour and Child Labour in Supply Chains Act</a>. As of Jan. 1, 2024, companies with significant operations in Canada will be legally obligated to pay closer attention to the working conditions in their supply chains. </p>
<p>This act brings Canada’s efforts to address forced labour in alignment with other regions such as the <a href="https://www.cbp.gov/trade/forced-labor/UFLPA">United States</a>, the <a href="https://www.legislation.gov.uk/ukpga/2015/30/contents/enacted">United Kingdom</a> and <a href="https://www.legislation.gov.au/Details/C2018A00153">Australia</a>.</p>
<p>Under this act, any entity with significant operations in Canada will be obligated to annually report on its efforts to prevent and remediate forced and child labour in its supply chains. </p>
<p>This includes disclosing information about relevant policies, due diligence processes, supply chain hotspots, employee training and remediation measures. The act also includes provisions for corrective measures and punishment. </p>
<h2>Identifying forced labour with technology</h2>
<p>The complex nature of supply chains makes identifying when and where forced or child labour occurs a significant challenge. Supply chains can contain thousands of suppliers that span continents. Even major international companies like Levi Strauss, which has a strong <a href="https://www.levistrauss.com/wp-content/uploads/2022/09/LSCo_Code-of-Conduct.pdf">supplier code of conduct</a>, can end up facing allegations of violations in their supply chains.</p>
<p>To explore how forced and child labour can be identified in supply chains, we <a href="https://cmr.berkeley.edu/2022/03/modern-slavery-in-global-supply-chains-the-impact-of-covid-19/">conducted over 30 interviews with experts from around the world</a>. These experts included representatives from non-governmental organizations, companies and auditing bodies, providing insight into how emerging technologies can be used to support identifying such practices.</p>
<p>The difficulty of identifying far-flung suppliers, for instance, could be simplified by using DNA to identify a product’s origin, as is done with <a href="https://www.nytimes.com/2023/04/07/business/economy/ai-tech-dna-supply-chain.html">cotton</a>, <a href="https://www.msc.org/media-centre/news-opinion/news/2020/02/21/how-dna-testing-works">seafood</a> and <a href="https://theconversation.com/chocolate-a-new-way-to-make-sure-your-favourite-bar-is-an-ethical-treat-163687">chocolate</a>.</p>
<p>Drones and satellite imaging can be used to identify potential forced labour hotspots, such as remote <a href="https://www.insider.com/pakistan-brick-kilns-debt-bondage-modern-day-slavery-2023-4">brick kilns</a>, <a href="https://us.macmillan.com/books/9781250284297/cobaltred">mines</a> or <a href="https://hai.stanford.edu/news/detecting-modern-day-slavery-sky">areas of illegal deforestation</a>. AI can also <a href="https://www.weforum.org/agenda/2020/01/how-ai-and-satellite-imaging-tech-can-put-an-end-to-modern-slavery/">predict areas at high risk of forced and child labor</a> and direct attention to these regions.</p>
<p>Additionally, emerging technologies can help identify some forms of deception. Blockchain technology, for example, can provide an <a href="https://widgets.weforum.org/blockchain-toolkit/data-integrity/index.html">unalterable ledger of transactions in real time</a>, preventing later manipulation. Artificial intelligence can quickly process immense quantities of data, which aids in <a href="https://www.nytimes.com/2023/04/07/business/economy/ai-tech-dna-supply-chain.html">detecting unusual patterns indicating potential fraud</a>.</p>
<h2>Addressing the risk of deceptive practices</h2>
<p>In some cases, there are incentives for businesses to conceal illegal and immoral practices. Transparentem, a non-profit group focused on eradicating labour abuse, found <a href="https://transparentem.org/project/hidden-harm/">evidence of deception during supply chain audits in garment factories in India, Malaysia and Myanmar</a>. These deceptive practices include falsifying documents, coaching workers to lie and hiding workers who appeared to be unlawfully employed.</p>
<p>Based on in-depth interviews with auditors, suppliers, brand representatives and workers in the apparel industry, Human Rights Watch has found these risks are <a href="https://www.hrw.org/report/2022/11/15/obsessed-audit-tools-missing-goal/why-social-audits-cant-fix-labor-rights-abuses">elevated when companies have advance notice of an upcoming audit</a>. </p>
<p>Integrating sensors, cameras and other cloud technology can enable real-time monitoring of working conditions, mitigating the risks of <a href="https://doi.org/10.1016/j.jclepro.2020.120773">advance notice of audits</a>. Sensors and cameras, for example, have been used on <a href="https://teem.fish/vessels/">fishing vessels</a> to remotely transmit data in near real-time. </p>
<p>Worker voice platforms, such as those used in the <a href="https://www.responsiblebusiness.org/tools/voices/">electronics industry</a>, allow workers to provide feedback directly through smartphone apps. This can serve as a real-time whistleblower mechanism for workers trapped in forced labour.</p>
<h2>Technology is only part of the solution</h2>
<p>Despite its potential benefits, technology still has weaknesses, like high costs, susceptibility to manipulation and weak data security, that need to be addressed. Blockchain technology, for instance, <a href="https://widgets.weforum.org/blockchain-toolkit/data-integrity/index.html">can codify manipulated or incorrect data</a> unless the necessary precautions are taken.</p>
<p>Meeting the requirements of the Fighting Against Forced Labour and Child Labour in Supply Chains Act will require grounding technology in a broader risk-based approach consisting of supplier screening, monitoring and auditing. </p>
<p>In addition, even when technology does indicate the presence of forced or child labour, on-the-ground verification and follow-up is often required. Identification is just the first step. The act requires reporting on remediation, which is typically based on long-term collaborative relationships with local parties.</p>
<p>Addressing the issue of forced and child labour in supply chains is difficult and complex. While technology can help companies fulfil their reporting obligations under the act, identifying and remediating these crucial issues will require <a href="https://cmr.berkeley.edu/2022/11/65-1-transformational-transparency-in-supply-chains-leveraging-technology-to-drive-radical-change/">ongoing and concerted efforts</a>. </p>
<p>The first report is due on May 31, 2024, so companies have no time to spare in working to comply with the act.</p><img src="https://counter.theconversation.com/content/216322/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Cory Searcy receives funding from the Natural Sciences and Engineering Research Council of Canada. </span></em></p><p class="fine-print"><em><span>Grant Michelson and Pavel Castka do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Supply chains can contain thousands of suppliers spanning continents. DNA testing, drones, satellite imaging and other technologies can help identify forced and child labour.Cory Searcy, Professor, Mechanical and Industrial Engineering, & Vice-Provost and Dean of Graduate Studies, Toronto Metropolitan UniversityGrant Michelson, Professor of Management, Macquarie Business School, Macquarie UniversityPavel Castka, Professor in Operations Management and Sustainability; Associate Dean Research at UC Business School, University of CanterburyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2069232023-08-01T21:00:35Z2023-08-01T21:00:35ZLearning from Lululemon: If Canada wants to get serious about forced labour, disclosure laws won’t do<figure><img src="https://images.theconversation.com/files/531197/original/file-20230609-15-z5uk83.jpg?ixlib=rb-1.1.0&rect=51%2C0%2C5711%2C3274&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A recent investigation into Lululemon casts doubt on the ability of Canada's new Modern Slavery Act to tackle labour abuse.</span> <span class="attribution"><span class="source">THE CANADIAN PRESS/Justin Tang</span></span></figcaption></figure><iframe style="width: 100%; height: 100px; border: none; position: relative; z-index: 1;" allowtransparency="" allow="clipboard-read; clipboard-write" src="https://narrations.ad-auris.com/widget/the-conversation-canada/learning-from-lululemon-if-canada-wants-to-get-serious-about-forced-labour-disclosure-laws-wont-do" width="100%" height="400"></iframe>
<p>The Canadian government recently passed <a href="https://www.parl.ca/DocumentViewer/en/44-1/bill/S-211/third-reading">the Fighting Against Forced Labour and Child Labour in Supply Chains Act</a>. The new law is designed to address forced labour and child labour in supply chains by requiring companies to disclose their efforts in eliminating labour abuse from their supply chains. </p>
<p>The legislation, known colloquially as Canada’s Modern Slavery Act, does not require large Canadian companies to actually take actions to prevent or reduce the risk of forced labour and child labour in their supply chains.</p>
<p>The act also doesn’t hold companies accountable when forced labour is found. Similar weak disclosure laws in <a href="https://oag.ca.gov/SB657">California</a>, <a href="https://www.legislation.gov.uk/ukpga/2015/30/contents/enacted">the United Kingdom</a> and <a href="https://www.legislation.gov.au/Details/C2018A00153">Australia</a> <a href="https://doi.org/10.1111/1758-5899.12512">have already been found to be ineffective</a> by academic researchers.</p>
<p>Our recent investigation at the <a href="https://gflc.ca/">Governing Forced Labour in Supply Chains Project</a> into the Canadian apparel company Lululemon Athletica casts doubt on the ability of this new law to tackle labour abuse.</p>
<p>The new law falls short of what is required to make large corporations exercise due diligence to prevent labour abuse from occurring within their supply chains. </p>
<h2>Remembering Rana Plaza</h2>
<p>This new Canadian law comes a decade after the tragic collapse of the nine-storey Rana Plaza building in Bangladesh that killed nearly 1,130 garment workers and injured over 2,500. The disaster <a href="https://theconversation.com/years-after-the-rana-plaza-tragedy-bangladeshs-garment-workers-are-still-bottom-of-the-pile-159224">raised concerns about the ability of voluntary corporate initiatives</a> to address labour rights violations and protect workers.</p>
<p>In response to the tragedy, an agreement between brands, retailers and trade unions called <a href="https://wsr-network.org/success-stories/accord-on-fire-and-building-safety-in-bangladesh">the Accord on Fire and Building Safety in Bangladesh</a> was established. The accord was designed to improve workplace safety and prevent future accidents in the garment sector. </p>
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<img alt="A group of people march down a street with protest signs and a large banner written in Bengali." src="https://images.theconversation.com/files/531194/original/file-20230609-22144-k2hwj4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/531194/original/file-20230609-22144-k2hwj4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=389&fit=crop&dpr=1 600w, https://images.theconversation.com/files/531194/original/file-20230609-22144-k2hwj4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=389&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/531194/original/file-20230609-22144-k2hwj4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=389&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/531194/original/file-20230609-22144-k2hwj4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=489&fit=crop&dpr=1 754w, https://images.theconversation.com/files/531194/original/file-20230609-22144-k2hwj4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=489&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/531194/original/file-20230609-22144-k2hwj4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=489&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Bangladeshi garment workers, activists and relatives of workers participate in a protest marking the four-month anniversary of the Rana Plaza building collapse in Dhaka, Bangladesh in August 2013.</span>
<span class="attribution"><span class="source">(AP Photo/A.M. Ahad)</span></span>
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</figure>
<p>Building on this initiative, <a href="https://internationalaccord.org/about-us">the International Accord for Health and Safety in the Textile and Garment Industry</a> — with 198 brand and retailer signatories — was introduced in 2021.</p>
<p>Remarkably, only one Canadian garment company — <a href="https://www.thestar.com/business/opinion/2023/04/29/10-years-after-the-rana-plaza-disaster-canada-needs-to-do-more-to-protect-worker-rights.html">Loblaw Companies Ltd., the parent company of the Joe Fresh brand</a> — has signed the accord. Other Canadian companies prefer their own voluntary initiatives. </p>
<p>Legislation aimed at addressing forced labour in supply chains has the potential to address these weak corporate initiatives — but only if the law is strong enough.</p>
<h2>Lululemon report</h2>
<p>Our report, <a href="https://gflc.ca/wp-content/uploads/2022/09/Lululemons-Conundrum_GFLC_final.pdf"><em>Lululemon’s Conundrum: Good Corporate Social Responsibility Initiatives and the Persistence of Forced Labour</em></a>, examines Lululemon’s efforts to address potential labour abuse in its supply chain.</p>
<p>In 2021, <a href="https://knowthechain.org/about-us/">KnowTheChain</a> — which evaluates companies’ efforts to address forced labour risks in their supply chains based on international labour standards — <a href="https://knowthechain.org/wp-content/uploads/2021-KTC-AF-Benchmark-Report.pdf">ranked Lululemon first among 129 apparel and footwear companies</a> for its measures to address forced labour risks. </p>
<p>Despite being recognized as an industry leader in this area, an investigation by researchers at Sheffield Hallam University in England found that <a href="https://www.shu.ac.uk/helena-kennedy-centre-international-justice/research-and-projects/all-projects/laundered-cotton">Lululemon was at a high risk of sourcing from the Xinjiang region</a> in China — <a href="https://www.reuters.com/world/china/un-expert-concludes-forced-labour-has-taken-place-xinjiang-2022-08-18/">which has been associated with forced labour and human rights abuses</a> — that same year.</p>
<p>In <a href="https://www.business-humanrights.org/en/latest-news/responses-to-uflpa-outreach/">response to this accusation</a>, Lululemon stated it had zero tolerance for forced labour, was committed to all the workers in its global supply chain and regularly monitored vendors globally through a due diligence process.</p>
<h2>Lululemon supplier concerns</h2>
<p>Lululemon does not own or operate any of the manufacturing or raw materials facilities used to make its apparel. <a href="https://corporate.lululemon.com/%7E/media/Files/L/Lululemon/lululemonSupplierListFinal050923.pdf">Its April 2023 supplier list</a> revealed the company sourced from suppliers located in four out of the 10 <a href="https://files.mutualcdn.com/ituc/files/ITUC_GlobalRightsIndex_2021_EN_Final.pdf">worst countries for workers’ rights violations</a> according to the 2021 Global Rights Index created by International Trade Union Confederation: Bangladesh, Colombia, the Philippines and Turkey.</p>
<p>According to the supplier list, one of Lululemon’s largest manufacturing facilities is in Bangladesh, with over 13,000 workers — 70 per cent of whom are women. Despite this, Lululemon has not signed the 2021 International Accord for Health and Safety in the Textile and Garment Industry.</p>
<figure class="align-center ">
<img alt="A person wearing a face mask and work uniform picks a large spook of yarn up from a pile" src="https://images.theconversation.com/files/540249/original/file-20230731-271165-grpb0x.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/540249/original/file-20230731-271165-grpb0x.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/540249/original/file-20230731-271165-grpb0x.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/540249/original/file-20230731-271165-grpb0x.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/540249/original/file-20230731-271165-grpb0x.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/540249/original/file-20230731-271165-grpb0x.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/540249/original/file-20230731-271165-grpb0x.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">A worker packages spools of cotton yarn at a Huafu Fashion plant, as seen during a government organized trip for foreign journalists, in Aksu in western China’s Xinjiang Uyghur Autonomous Region, in April 2021.</span>
<span class="attribution"><span class="source">(AP Photo/Mark Schiefelbein)</span></span>
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<p><a href="https://www.fairlabor.org/reports/charter-link-clark-inc">Two reports found that from 2018 to 2019</a>, workers at a Lululemon supplier factory had to work two to three nights without being allowed to go home or take necessary breaks. </p>
<p>While a <a href="https://www.fairlabor.org/wp-content/uploads/2021/04/Charter-Link-Verification-Report-MO-Final-4-27-22.pdf">2022 follow-up investigation</a> determined this situation had been rectified by Lululemon and the supplier, some workers reported they still felt unable to refuse overtime requests.</p>
<p>According to the follow-up report, the supplier at the same factory also engaged in serious union-busting tactics, including firing the union’s elected leaders and reports from workers that some managers had threatened to close the factory if the workers unionized.</p>
<p>The follow-up report found that while many of the anti-union issues had been addressed, some supervisors reportedly made comments that could be construed as still discouraging workers from joining the union.</p>
<h2>Corporate transparency issues</h2>
<p><a href="https://corporate.lululemon.com/our-impact/reporting-and-governance/reporting-and-disclosure/policies-and-guidelines">Lululemon has several codes and policies in place to address forced labour</a>. One is the Lululemon Global Code of Business Conduct and Ethics, which states that employees and vendors are to adhere to labour and employment standards in the countries they operate in, unless the code sets a higher standard.</p>
<p>Employees are encouraged to report any violations to this code internally through Lululemon or externally using third-party tools such as the international Integrity Line. This phone line allows employees to anonymously report complaints at any time. </p>
<p>However, third-party complaint avenues pose challenges, including requiring tech access, trusting unfamiliar third parties and filing a complaint that protects one’s anonymity while still providing enough detail about worker issues.</p>
<p>Another code Lululemon has in place is the <a href="https://corporate.lululemon.com/%7E/media/Files/L/Lululemon/our-impact/vendor-code-of-ethics/vcoe-supporting-benchmarks.pdf">Vendor Code of Ethics</a> and its accompanying Benchmarks policy.
Vendors are responsible for enforcing key aspects of the code of ethics, including creating grievance and disciplinary systems for violations and training workers on the policy’s content. When vendors use subcontractors, they are the ones responsible for ensuring subcontractors adhere to the policy.</p>
<p>While Lululemon can conduct unannounced visits to monitor their compliance with the Vendor Code of Ethics, this is rarely done. Only <a href="https://pnimages.lululemon.com/content/dam/lululemon/www-images/Footer/Sustainability/lululemonKnowTheChainDisclosure_20210302.pdf">one per cent of assessments in 2019 were unannounced</a>. Lululemon also works with third-party auditors sometimes, which can be problematic since these auditors rely on their clients to stay in business, <a href="https://www.cornellpress.cornell.edu/book/9781501754524/private-regulation-of-labor-standards-in-global-supply-chains/">raising questions about the authenticity of auditing reports</a>.</p>
<h2>Reliance on local labour laws</h2>
<p>Lululemon’s measures to address forced labour largely rely on the labour laws in the countries in which the suppliers are located. <a href="https://doi.org/10.1080/20414005.2021.2008763">Relying on local labour laws is a major shortcoming of many corporate initiatives</a>, since they often fall short of international legal norms and are not well enforced.</p>
<p>In California, the United Kingdom and Australia, Lululemon is required by law to report on its efforts to detect, remedy and eradicate forced labour in its supply chains. However, the information necessary for evaluating the effectiveness of these initiatives is not available to researchers, the public or workers.</p>
<p>Crucial information about all the participants and purchasing practices in a supply chain, such as the amount of lead time suppliers are given for orders and whether suppliers get paid on time, are not provided. Additionally, information on how workers navigate Lululemon’s policies and grievance mechanisms is not publicly available.</p>
<h2>Due diligence legislation needed</h2>
<p>Our study raises concerns about the effectiveness of current transparency and disclosure laws as an effective tool for combating forced labour in supply chains. </p>
<p>Disclosure laws, like those in Canada’s new act, will not require Lululemon to reveal the type of information needed to ensure its suppliers are not abusing workers. Nor does the new law require large multinational corporations to take any steps to eradicate labour abuses in the supply chains.</p>
<p>Our study suggests disclosure laws are a form of window dressing that can be used by companies to project an image of social responsibility to consumers, rather than genuinely improving the working conditions for supply chain workers.</p>
<p>It’s time to require companies to take real steps to rid their supply chains of labour abuse. If Canada is to truly eradicate force labour in global supply chains, it needs mandatory due diligence legislation that involves supply chain workers at every stage of the process — before another disaster like Rana Plaza occurs.</p>
<p><em>Editor’s note: Prior to publishing this story, The Conversation sought comment from Lululemon about how the company is complying with the new Fighting Against Forced Labour and Child Labour in Supply Chains Act, as well as some other issues raised in this article. Lululemon did not respond.</em></p><img src="https://counter.theconversation.com/content/206923/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Judy Fudge receives funding from the Social Sciences and Humanities Research Council.</span></em></p><p class="fine-print"><em><span>Gayathri Krishna and Kaitlyn Matulewicz do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>A new study suggests disclosure laws to prevent forced labour in the clothing industry are a form of window dressing designed to ease the conscience of consumers rather than protecting workers.Gayathri Krishna, PhD Candidate, School of Labour Studies, McMaster UniversityJudy Fudge, LIUNA Enrico Henry Mancinelli Chair of Global Labour Issues, School of Labour Studies, McMaster UniversityKaitlyn Matulewicz, Researcher, Governing Forced Labour in Supply Chains ProjectLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2066052023-05-31T01:03:59Z2023-05-31T01:03:59ZAustralia’s modern slavery law is woefully inadequate – this is how we can hold companies accountable<figure><img src="https://images.theconversation.com/files/529008/original/file-20230530-25-gc3few.jpg?ixlib=rb-1.1.0&rect=147%2C23%2C4516%2C3422&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">PR handout/Mindaroo</span></span></figcaption></figure><p>A highly anticipated <a href="https://www.ag.gov.au//crime/publications/report-statutory-review-modern-slavery-act-2018-cth">independent review of Australia’s Modern Slavery Act</a> has found it has not brought “meaningful change” to the lives of people living in conditions of modern slavery since its passage more than four years ago.</p>
<p>The final report makes 30 recommendations which, if implemented, would mean thousands more businesses need to take stronger action to prevent the goods and services they sell being made with slavery.</p>
<p>These findings come at a time when <a href="https://www.ilo.org/global/topics/forced-labour/publications/WCMS_854733/lang--en/index.htm">new global research on the prevalence of modern slavery</a> reflects the rapidly growing nature of the issue. It is estimated that, on any given day in 2021, almost 50 million people worldwide were victims of modern slavery. This is an increase of 10 million people from research conducted in 2016.</p>
<p>Despite its name, Australia’s <a href="https://www.legislation.gov.au/Details/C2018A00153">Modern Slavery Act</a> doesn’t address the diverse forms of exploitation that can constitute modern slavery. Instead, it aims to combat labour exploitation in the private economy.</p>
<p>It does so by requiring companies and other entities with annual revenues greater than A$100 million to identify how slave labour may be present in their global operations and supply chains. Companies are also required to report on actions taken to ensure they are slavery-free.</p>
<p>According to <a href="https://modernslaveryregister.gov.au/resources/Commonwealth_Modern_Slavery_Act_Guidance_for_Reporting_Entities.pdf">current government advice</a>, modern slavery is now so prevalent, there is a “high risk” it may be present in these companies’ operations and supply chains.</p>
<p>However, of the more than 3,000 companies required to report, the review found only a handful have identified incidents of modern slavery. None of these were in Australia. And very few companies have taken steps to remedy the harm caused by slavery when it has occurred or given workers specific protections.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1661867665173131265"}"></div></p>
<p>These findings are no surprise to those who have been following the implementation of the Modern Slavery Act, which came into force in January 2019. </p>
<p>Several evaluations of corporate reporting since then have all reached <a href="https://theconversation.com/senates-vote-to-ban-slave-made-imports-shows-the-weakness-of-australias-modern-slavery-act-166647">similar conclusions about the weakness of the law</a>. </p>
<p>Just last month, a coalition of human rights organisations and academics <a href="https://www.humanrights.unsw.edu.au/news/new-research-shows-companies-support-stronger-modern-slavery-laws">published research</a> on the impact of the act involving nearly 90 business groups. It found that, in the best case, it “is generating widespread awareness, but in the worst case, it provides a shiny veneer for a business model that contributes to modern slavery”.</p>
<h2>Stronger penalties and greater oversight</h2>
<p>The review tabled in parliament last week attempts to remedy the act’s shortcomings. It recommends requiring companies to implement a due diligence system to address the modern slavery risk in their direct operations and supply chains.</p>
<p>This would make it unacceptable for businesses to simply say they are doing something. Instead they would be required to “walk the talk”.</p>
<p>Since its inception, the act has been <a href="https://theconversation.com/at-last-australia-has-a-modern-slavery-act-heres-what-youll-need-to-know-107885">criticised</a> for not including penalties for companies that fail to comply, as well as any mechanism for independent oversight. This has left consumers and investors with the responsibility of holding companies to account.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/australias-world-first-repository-of-modern-slavery-statements-a-step-in-the-right-direction-151029">Australia's world-first repository of 'modern slavery statements' a step in the right direction</a>
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<p>The review found it is time for these oversights to be addressed. It recommends introducing offences for companies that either fail to report or report false information, as well as an offence for not having an appropriate due diligence system in place.</p>
<p>It also makes several recommendations as to what role a future Commonwealth anti-slavery commissioner could play in overseeing and enforcing compliance with the act. Such a position was <a href="https://dcj.nsw.gov.au/justice/anti-slavery-commissioner.html">introduced</a> last year in New South Wales through a state-based Modern Slavery Act.</p>
<p>The view of the Albanese government on such changes is already known. Labor went into last year’s federal election with a <a href="https://www.minterellison.com/articles/changes-to-australias-modern-slavery-regime-under-a-new-australian-labor-party-government">promise</a> to amend the Modern Slavery Act to impose penalties for non-compliance and to appoint an independent anti-slavery commissioner. In this month’s budget, the government <a href="https://ministers.ag.gov.au/media-centre/boosting-support-victim-survivors-human-trafficking-16-05-2023">allocated</a> A$8 million to establish a commissioner.</p>
<p>The review also suggests enabling the Australian public and civil society to play a greater oversight role by establishing procedures for people to submit complaints about the reporting done by companies under the Modern Slavery Act.</p>
<p>Given complaints from NGOs <a href="https://www.business-humanrights.org/en/latest-news/ngos-file-first-complaint-under-new-german-supply-chain-act-against-ikea-and-amazon-over-alleged-failure-to-meet-their-due-diligence-obligations-by-not-signing-bangladesh-accord/">have been filed</a> against companies like Ikea and Amazon under similar laws in Germany, such a change may be an important step towards real corporate accountability.</p>
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<h2>Addressing the drivers of modern slavery</h2>
<p>Although the government’s response to the review won’t be known for some time, it’s clear change is coming.</p>
<p>Our country is at a pivotal point in how we address the sourcing, producing and consuming of goods and services made with exploited labour. To have a chance of reversing, or even just slowing, the proliferation of modern slavery, actions that go well beyond the review’s recommendations are needed.</p>
<p>The review acknowledges that even a stronger, more effective, corporate reporting mechanism alone cannot effectively tackle an issue as complex as modern slavery. And it reiterates the widely held view that the Modern Slavery Act has not addressed any of the drivers of modern slavery such as “poverty, gender inequality, exploitative business practices, weak governance and regulatory inadequacy”.</p>
<p>Truly combating modern slavery will require a courageous government response that addresses these things head-on.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/canadas-modern-slavery-act-is-the-start-not-the-end-of-efforts-to-address-the-issue-in-supply-chains-199242">Canada's Modern Slavery Act is the start — not the end — of efforts to address the issue in supply chains</a>
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<img src="https://counter.theconversation.com/content/206605/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Kyla Raby receives funding from the Australian Government for her doctoral research on the Modern Slavery Act. She works with the Australian Red Cross, who are a Modern Slavery Act reporting entity and support survivors of modern slavery.</span></em></p><p class="fine-print"><em><span>Katherine Christ has previously received funding from CPA Australia and AFAANZ. She is affiliated with the South Australian Modern Slavery Network. </span></em></p>A new review has found that only a handful of companies have identified incidents of modern slavery in their operations.Kyla Raby, PhD candidate researching the role of consumers in eradicating modern slavery in supply chains, University of South AustraliaKatherine Christ, Senior Lecturer in Accounting, University of South AustraliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1992422023-05-16T18:43:45Z2023-05-16T18:43:45ZCanada’s Modern Slavery Act is the start — not the end — of efforts to address the issue in supply chains<figure><img src="https://images.theconversation.com/files/526627/original/file-20230516-37075-dmbv3x.jpg?ixlib=rb-1.1.0&rect=14%2C0%2C4905%2C3253&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Canada has joined a growing list of nations that have introduced legislation to combat modern slavery in supply chains.</span> <span class="attribution"><span class="source">(Paul Teysen/Unsplash)</span></span></figcaption></figure><iframe style="width: 100%; height: 100px; border: none; position: relative; z-index: 1;" allowtransparency="" allow="clipboard-read; clipboard-write" src="https://narrations.ad-auris.com/widget/the-conversation-canada/canada-s-modern-slavery-act-is-the-start-—-not-the-end-—-of-efforts-to-address-the-issue-in-supply-chains" width="100%" height="400"></iframe>
<p>On May 3, Canada <a href="https://www.ctvnews.ca/politics/mps-pass-law-meant-to-curb-forced-labour-as-critics-decry-its-lack-of-teeth-1.6382930">passed legislation</a> aimed at addressing <a href="https://www.ilo.org/global/topics/forced-labour/lang--en/index.htm">modern slavery</a> — a term that typically encompasses forced labour, bonded labour and child labour — in supply chains. </p>
<p>By doing so, Canada has <a href="https://time.com/5741714/end-modern-slavery-initiatives/">joined a growing list of nations</a> that have introduced this type of legislation. <a href="https://www.parl.ca/legisinfo/en/bill/44-1/s-211">Bill S-211</a>, the Fighting Against Forced Labour and Child Labour in Supply Chains Act, received royal assent on May 11 and is slated to become law on Jan. 1, 2024. </p>
<p>As business and policy researchers interested in human rights and exploitation, we have studied modern slavery around the world, including the development of supply chain legislation, corporate efforts and other initiatives intended to address modern slavery. </p>
<p>We have been closely following this issue in Canada.</p>
<p>The enactment of what many are calling Canada’s Modern Slavery Act is without a doubt an important milestone. Yet we need to remain diligent and view it as the start — not the end — of efforts to address modern slavery in supply chains. Otherwise, we risk exacerbating the issue.</p>
<h2>Landmark legislation in Canada</h2>
<p>Forced labour and “<a href="https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf">situations of exploitation that a person cannot refuse or cannot leave because of threats, violence, deception, abuse of power or other forms of coercion</a>” are not relics of the past. They are ever-present issues linked to our lives through <a href="https://doi.org/10.1111/jscm.12258">supply chains</a>.</p>
<p>Once Bill S-211 comes into effect, government institutions and Canadian-linked companies that <a href="https://www.parl.ca/DocumentViewer/en/44-1/bill/S-211/royal-assent">meet the act’s thresholds</a> will be required to submit an annual report that details their efforts to address forced labour and child labour in their supply chains.</p>
<p>Bill S-211 also amends the Canadian Customs Tariff to “<a href="https://www.parl.ca/legisinfo/en/bill/44-1/s-211">exclude goods that are mined, manufactured or produced wholly or in part by forced labour or child labour</a>.”</p>
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<img alt="A clock tower peeking through autumn foliage." src="https://images.theconversation.com/files/525977/original/file-20230512-8466-ekh0cr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/525977/original/file-20230512-8466-ekh0cr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/525977/original/file-20230512-8466-ekh0cr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/525977/original/file-20230512-8466-ekh0cr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/525977/original/file-20230512-8466-ekh0cr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/525977/original/file-20230512-8466-ekh0cr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/525977/original/file-20230512-8466-ekh0cr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Bill S-211 — Canada’s version of a Modern Slavery Act — is expected to come into effect as law on Jan. 1, 2024.</span>
<span class="attribution"><span class="source">(Kishore Uthamaraj/Unsplash)</span></span>
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<p>For years, Canada has been viewed as a laggard when it comes to supply chain legislation, <a href="https://theconversation.com/modern-slavery-bill-a-step-in-the-right-direction-now-businesses-must-comply-99135">trailing behind other jurisdictions</a> (e.g., Australia, Netherlands, United Kingdom and United States). This legislation is a step toward bringing Canada into sync with global regulatory trends.</p>
<p>Experts have advocated for more stringent legislation if Canada wants to “<a href="https://thetyee.ca/Analysis/2022/08/23/Canada-Needs-Get-Serious-Modern-Slavery/">get serious about modern slavery</a>.” </p>
<p>Reporting on modern slavery in supply chains will not be new for many companies, as <a href="https://modern-slavery-statement-registry.service.gov.uk/">many are already required to do so under legislation elsewhere</a>. But for some, this will be new territory. </p>
<p>Businesses that did not pay attention to modern slavery before this point now have no choice but to confront it.</p>
<p>A <a href="http://schulich.yorku.ca/wp-content/uploads/2019/05/Canadian-Business-Insights-on-Modern-Slavery-in-Supply-Chains-Full-Report.pdf">study of businesses in Canada</a> found some professionals have struggled to get buy-in from key stakeholders. These stakeholders are often dismissive of modern slavery because they either believe it’s irrelevant or that directing attention to it risks damaging their reputation.</p>
<p>Codifying forced labour and child labour in supply chains into legislation will help legitimize the issue in the eyes of otherwise reluctant decision-makers.</p>
<h2>Superficial reporting</h2>
<p>Years after the early pieces of transparency in supply chain legislation such as the <a href="https://link.springer.com/content/pdf/10.1007/s10551-016-3364-7.pdf">California Transparency in Supply Chains Act</a>, <a href="https://onlinelibrary.wiley.com/doi/pdf/10.1111/1758-5899.12398">U.K. Modern Slavery Act</a> and <a href="https://static1.squarespace.com/static/580025f66b8f5b2dabbe4291/t/6200d3d9db51c63088d0e8e1/1644221419125/Paper+Promises_Australia+Modern+_Slavery+Act_7_FEB.pdf">Australian Modern Slavery Act</a> have come into effect, there is little cause for optimism around their effectiveness.</p>
<p>Scholars have argued that transparency laws tend to lead to “<a href="https://static1.squarespace.com/static/6055c0601c885456ba8c962a/t/61d71e46967f033bb694f6e5/1641487943126/ReStructureLab_DueDiligence_April2021_AW.pdf">superficial reporting, focused on processes rather than outcomes</a>” and that this type of legislation “has failed to root out forced labour and exploitation from prevailing business models.”</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/modern-slavery-act-is-having-unintended-consequences-for-womens-freedom-in-sri-lanka-112258">Modern Slavery Act is having unintended consequences for women's freedom in Sri Lanka</a>
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<p>A lack of government enforcement, vague reporting requirements that don’t encompass key metrics most relevant to forced labour, and rampant non-compliance among businesses have fuelled ineffectiveness.</p>
<h2>Broken tools</h2>
<p>Transparency legislation has expanded companies’ reliance on tools to prevent and address forced labour in supply chains. The problem with this, however, is that many of these tools are broken.</p>
<p>In their rush to demonstrate they are taking action on forced labour by reporting on their efforts to address it, companies have been leaning heavily on social auditing and ethical certification programs.</p>
<p><a href="https://www.cambridge.org/core/services/aop-cambridge-core/content/view/D09353629C19265CF1F136F90DEF5214/S0260210515000388a.pdf/benchmarking-global-supply-chains-the-power-of-the-ethical-audit-regime.pdf">Evidence suggests</a> these programs mask forced labour, rather than finding and fixing it. These programs give the impression there are effective monitoring systems in place, when there are not.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/why-businesses-fail-to-detect-modern-slavery-at-work-82344">Why businesses fail to detect modern slavery at work</a>
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<p>A <a href="https://static1.squarespace.com/static/6055c0601c885456ba8c962a/t/62d746146f5dc5205a17621c/1658275349325/ReStructureLab_SocialAuditingandEthicalCertification_July2022.pdf">review of studies</a> on auditing and certification highlights the failures and flaws hardwired into these systems when it comes to detecting, preventing and remediating forced labour. These programs simply don’t work to improve labour conditions over time.</p>
<h2>Enabling business conditions</h2>
<p>Transparency legislation does nothing to tackle the organizational and <a href="https://theconversation.com/some-people-trapped-in-modern-slavery-are-underworked-and-they-pay-a-heavy-price-for-it-99863">commercial dynamics</a> that <a href="https://doi.org/10.1177/1056492621994904">lead to businesses’ demand for forced labour</a> in supply chains, as our research has shown.</p>
<p>Supply chain complexity and informality have been repeatedly identified as key drivers of forced labour in supply chains. However, businesses continue to be structured to reap the benefits of such conditions.</p>
<figure class="align-center ">
<img alt="A crane unloading cargo shipping containers from a ship at a dock." src="https://images.theconversation.com/files/526626/original/file-20230516-29-7895y7.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/526626/original/file-20230516-29-7895y7.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=439&fit=crop&dpr=1 600w, https://images.theconversation.com/files/526626/original/file-20230516-29-7895y7.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=439&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/526626/original/file-20230516-29-7895y7.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=439&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/526626/original/file-20230516-29-7895y7.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=552&fit=crop&dpr=1 754w, https://images.theconversation.com/files/526626/original/file-20230516-29-7895y7.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=552&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/526626/original/file-20230516-29-7895y7.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=552&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Shipping containers are unloaded from a cargo vessel at the PSA Halifax Fairview Cove Terminal in Halifax in October 2022. Businesses continue to embrace complex supply chains that enable modern slavery to thrive.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Andrew Vaughan</span></span>
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<p>A decade into government efforts, there is <a href="https://static1.squarespace.com/static/6055c0601c885456ba8c962a/t/61f9d3eaf800aa5cc72766cd/1643762668092/ReStructureLab_CommercialContracts_July2021.pdf">alarmingly little evidence</a> demonstrating that companies have made any meaningful changes to their commercial designs or practices.</p>
<h2>What it takes</h2>
<p>If we have learned anything from the fight against modern slavery, it is that addressing the issue — even in a select few suppliers — takes extensive time, resources and long-term commitments.</p>
<p>Counter-intuitively, combating the issue doesn’t simply mean cutting ties with entities guilty of modern slavery. In fact, working with perpetrators long-term has been demonstrated to be an effective remedy.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/heres-what-businesses-and-consumers-can-do-to-tackle-modern-slavery-in-supply-chains-200694">Here's what businesses and consumers can do to tackle modern slavery in supply chains</a>
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<p>For example, after <a href="https://www.patagonia.ca/stories/the-unacceptably-high-cost-of-labor-a-new-migrant-worker-standard-from-patagonia/story-17743.html">Patagonia detected labour violations</a> among a few of its suppliers in Taiwan, it documented and publicly reported on its multi-year effort to update its supplier code of conduct and work with the violators to ensure the issue was addressed. </p>
<p>Their extensive work resulted in the creation of their <a href="https://www.patagonia.com/static/on/demandware.static/-/Library-Sites-PatagoniaShared/default/dwd52f9d06/PDF-US/Patagonia-Migrant-Worker-Employment-Standards-V2-0-English.pdf">Migrant Worker Employment Standards</a> handbook, which has been applied to suppliers beyond Taiwan and shared with other companies in the industry.</p>
<p>While some legislation is better than none, we need to be aware of the pitfalls associated with current legislation and remain diligent moving forward.</p><img src="https://counter.theconversation.com/content/199242/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Kam Phung has received research funding from the Social Sciences and Humanities Research Council of Canada (SSHRC) and Mitacs.</span></em></p><p class="fine-print"><em><span>Genevieve LeBaron has received research funding from SSHRC, ESRC, Humanity United, Ford Foundation, among others.</span></em></p>If we have learned anything from the fight against modern slavery, it is that addressing the issue takes extensive time, resources and long-term commitments.Kam Phung, Assistant Professor of Business & Society, Beedie School of Business, Simon Fraser UniversityGenevieve LeBaron, Professor, School of Public Policy, Simon Fraser UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1983902023-01-31T19:12:34Z2023-01-31T19:12:34ZAustralia’s cotton farmers can help prevent exploitation in the global garment industry<p>Ten years ago, the garment industry’s worst industrial accident – the Rana Plaza collapse in Dhaka, Bangladesh – killed more than 1,100 workers and highlighted the travesty of conditions for millions of garment workers globally. </p>
<p>It spurred action to address exploitation, but for many workers little has changed. </p>
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Read more:
<a href="https://theconversation.com/years-after-the-rana-plaza-tragedy-bangladeshs-garment-workers-are-still-bottom-of-the-pile-159224">Years after the Rana Plaza tragedy, Bangladesh's garment workers are still bottom of the pile</a>
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<p>Just in the past few months, Britain’s Tesco supermarket chain has been accused of profiting from the “<a href="https://www.theguardian.com/business/2022/dec/18/workers-in-thailand-who-made-ff-jeans-for-tesco-trapped-in-effective-forced-labour">effective forced labour</a>” of workers in Thailand (making Tesco-brand jeans), while the world’s biggest clothing retailer, China’s fast-fashion brand Shein, has been exposed for <a href="https://www.channel4.com/programmes/inside-the-shein-machine-untold">rampant human rights abuses</a>.</p>
<p>Such incidents are meant to have been eliminated, as big brands are supposed to leverage their power to effect change in global supply chains. Australia’s Modern Slavery Act, for example, requires companies with more than A$100 million in annual revenue to publicly report on their efforts to ensure their supply chains are free of labour exploitation. </p>
<p>The expectation has been that pressure from consumers and investors will be enough for retailers (who profit the most from driving down production costs) to drive change. Campaigners for better conditions say these requirements are all too often a “<a href="https://cleanclothes.org/file-repository/figleaf-for-fashion.pdf/view">fig leaf</a>”, because audits <a href="https://www.hrw.org/report/2022/11/15/obsessed-audit-tools-missing-goal/why-social-audits-cant-fix-labor-rights-abuses">can easily be fudged</a>.</p>
<p>Limited attention has been given to what suppliers can do to ensure their products aren’t associated with exploitation. </p>
<p>In this, Australia’s cotton industry could make a valuable contribution, as the world’s <a href="https://cottonaustralia.com.au/assets/general/Publications/Industry-overview-brochures/Cotton-Australia-Background-Brochure.pdf">fourth-largest exporter</a> (behind the United States, Brazil and India). Most of this cotton goes to <a href="https://austcottonshippers.com.au/crop-reports">low-wage countries in Asia</a> to be spun, knitted or woven into cloth, and then turned into garments.</p>
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<p>Producers don’t have anywhere near the same influence of buyers. Yet there is more they can do protect the workers overseas who transform their product into material goods. </p>
<h2>Extending producer responsibility</h2>
<p>We received funding from the <a href="https://www.crdc.com.au/">Cotton Research and Development Corporation</a> (which is funded by the Commonwealth government and cotton growers) to look at ways the Australian industry can ensure its cotton is not tainted by exploitation.</p>
<p>The idea of sellers taking responsibility for what end users do with a product is not entirely new. The principle of “extended producer responsibility” is credited to a <a href="https://lup.lub.lu.se/search/files/4433708/1002025.pdf">1990 report</a> by academic Thomas Lindquist. </p>
<p>Since then, producer responsibility (or “product stewardship”) obligations have become accepted as needed to reduce waste and environmental pollution. </p>
<p>In Europe, clothing retailers are being asked by regulators to address the waste caused by consumers <a href="https://www.bbc.com/news/science-environment-60913226">disposing of their clothing</a>. They will have to ensure their clothes are more durable and have less impact on the environment. Retailers will also need to provide consumers with information on how to reuse, repair and recycle clothing.</p>
<p>In Australia, the concept has also been applied to animal welfare, following a public furore <a href="https://www.abc.net.au/news/2011-08-08/a-bloody-business---2011/2841918">in 2011</a> over animal cruelty in Indonesian abattoirs. </p>
<p>In response, the federal government introduced the <a href="https://www.agriculture.gov.au/biosecurity-trade/export/controlled-goods/live-animals/livestock/exporters/escas">Exporter Supply Chain Assurance System</a>. </p>
<p>Exporters now require their buyers to provide information about the supply chain including the port of arrival, transport, handling and slaughter of the livestock. </p>
<p>There is also a push to make coal and gas exporters <a href="https://theconversation.com/when-it-comes-to-climate-change-australias-mining-giants-are-an-accessory-to-the-crime-124077">responsible for the greenhouse gas emissions</a> released by the use of their products. </p>
<h2>Taking a book-end approach</h2>
<p>Our <a href="https://eprints.qut.edu.au/236692/18/Report_2.pdf">report</a> examines how to increase transparency and traceability in cotton supply chains. Among other approaches, it looks at extending the Australian cotton industry’s existing <a href="https://australiancotton.com.au/assets/downloads/Australian_Cotton_Minimum_Traceability_Requirements-1.pdf">certification scheme</a>.</p>
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<em>
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Read more:
<a href="https://theconversation.com/blockchain-can-help-break-the-chains-of-modern-slavery-but-it-is-not-a-complete-solution-115358">Blockchain can help break the chains of modern slavery, but it is not a complete solution</a>
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<p>This scheme helps market Australian cotton on its sustainability credentials. Our idea is to extend the existing “chain of custody” checklist – which serves as proof of the cotton’s Australian origin - to include information about working conditions further along the chain in spinning, fabric and garment production.</p>
<p>This could potentially enable Australian growers to sell their cotton at a premium. Buyers already know Australian cotton isn’t tainted by child or forced labour, <a href="https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods">unlike cotton</a> from many other exporter nations. This assurance could then be extended to the final products made from Australian cotton too.</p>
<p>There is, of course, <a href="https://theconversation.com/i-can-only-do-so-much-we-asked-fast-fashion-shoppers-how-ethical-concerns-shape-their-choices-172978">some debate</a> about the size of the market for ethical materials. But <a href="https://www.consumingmodernslavery.com/">research</a> and growing <a href="https://www.retailbiz.com.au/retail-profiles/kathmandu-building-ethical-apparel-empire/">commitments to ethical standards by major retailers</a> suggest it is growing. </p>
<p>A “book-end” approach that <a href="https://journals.sagepub.com/doi/full/10.1177/00221856211066628">combines actions by producers and retailers</a> is, in our view, the best way to rid the global cotton supply chain of exploitation.</p>
<iframe width="100%" height="428" src="https://www.youtube.com/embed/Ohd2I2r1NTE" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" allowfullscreen=""></iframe>
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<p><em>The authors wish to acknowledge the other report contributors: Rowena Maguire and Justine Coneybeer (Queensland University of Technology), and Timo Rissanen and Karina Kallio (University of Technology Sydney).</em></p><img src="https://counter.theconversation.com/content/198390/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Martijn Boersma receives funding from the Cotton Research and Development Corporation (CRDC).</span></em></p><p class="fine-print"><em><span>Alice Payne receives funding from the Cotton Research and Development Corporation (CRDC).</span></em></p><p class="fine-print"><em><span>Erin O'Brien receives funding from The Cotton Research and Development Corporation and the Australian Research Council. She currently serves on the board of the T.J. Ryan Foundation. </span></em></p>Producer responsibility is increasingly being used to deal with the environmental costs of production. It can also be used to deal with social issues.Martijn Boersma, Associate Professor, University of Notre Dame AustraliaAlice Payne, Professor in Fashion, Queensland University of Technology, Queensland University of TechnologyErin O'Brien, Associate Professor, Centre for Justice, Queensland University of TechnologyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1732352021-12-14T19:11:20Z2021-12-14T19:11:20ZHow we can use the law to make the fashion industry fairer to women and the earth<p>In March 1911, in a <a href="https://www.cambridge.org/core/journals/law-and-social-inquiry/article/abs/triangle-shirtwaist-factory-fire-of-1911-social-change-industrial-accidents-and-the-evolution-of-commonsense-causality/576CA665F1EC2DB1C246F9DA22AAD2BC">garment factory in Manhattan</a>, over 100 people, mostly Jewish and Italian women migrants, some as young as 14, were trapped inside and died as the factory burnt to the floor. Management had locked the doors. </p>
<p>In the following years, women workers mobilised. Their protests catalysed major law reforms in the US which are still enjoyed today – social security, unemployment insurance, the abolition of child labour, minimum wages and the right to unionise.</p>
<p>Yet the Triangle Shirtwaist Factory Fire is alarmingly reminiscent of the 2013 collapse of the <a href="https://www.ilo.org/global/topics/geip/WCMS_614394/lang--en/index.htm">Rana Plaza</a> in the Savar Upazila district of Dhaka, Bangladesh, which saw the death of 1,134 people, mostly young women, and over 2,500 injured. </p>
<p>Rana Plaza was home to factories manufacturing garments for <a href="https://archive.cleanclothes.org/safety/ranaplaza/who-needs-to-pay-up">renowned global brands</a>, but the spotlight on this tragedy is now dimming. Years on, accountability for the resulting safety accords remains insufficient and many factories continue to <a href="https://www.stern.nyu.edu/experience-stern/faculty-research/five-years-after-rana-plaza-way-forward">escape scrutiny</a>. </p>
<p>Consumers are increasingly looking for sustainable and ethical fashion. We believe these goals are inseparable from an industry which embraces gender justice. But gender justice cannot be achieved by consumer demand and boycotts alone. Instead, we need <a href="https://www.genderlawindex.org/">gender-responsive law reform</a>.</p>
<p>Our <a href="https://www.cambridge.org/core/journals/business-and-human-rights-journal/article/abs/fast-fashion-for-2030-using-the-pattern-of-the-sustainable-development-goals-sdgs-to-cut-a-more-genderjust-fashion-sector/326A2604C7FB89EAAC2B931B98F4C6A0">new research</a> sets out six ways to cut a more gender-just and sustainable fashion sector.</p>
<h2>1. Accountability</h2>
<p>The fashion sector’s gendered hierarchy is ingrained. Workers on the floor are largely female, while floor managers, security and factory owners are largely male. </p>
<p>Female workers are vulnerable to harassment, violence and exploitation. There is an absence of adequate complaint mechanisms and women often risk retaliation. </p>
<p>Accountability is needed not only in the countries producing garments, but also in countries where the garments are sold, and through all stages of the supply chain. </p>
<p>Modern Slavery Acts, including <a href="https://legislation.nsw.gov.au/view/html/inforce/current/act-2018-030">Australia’s 2018 law</a>, establish reporting obligations for businesses, requiring them to
report on the due diligence they have conducted with respect to potential risks of exploitation in their supply chains.</p>
<p>But accountability has to go beyond the current <a href="https://law.adelaide.edu.au/ua/media/1410/ALR_40%283%29_11_Vijeyarasa_Web.pdf">“naming and shaming” provisions</a>.</p>
<p>Penalties should be imposed and used to fund victim compensation, not just for workplace injuries but also for workers who suffer gender-based harms.</p>
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<em>
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Read more:
<a href="https://theconversation.com/senates-vote-to-ban-slave-made-imports-shows-the-weakness-of-australias-modern-slavery-act-166647">Senate's vote to ban slave-made imports shows the weakness of Australia's Modern Slavery Act</a>
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<h2>2. A living wage</h2>
<p>Minimum wages rarely equate to a <a href="https://www.globallivingwage.org/about/what-is-a-living-wage/">living wage</a>, one that affords a decent standard of living for the worker and her family. </p>
<p>The United Nations’ <a href="https://sdgs.un.org/goals">Sustainable Development Goals</a> call for full and productive employment and decent work for all. </p>
<p>In factories, this would mean acknowledging a living wage is needed for workers to be able to afford food, water, housing, education, health care, transportation, clothing and other essential needs. This needs to be coupled with an appreciation of how workers are impacted when rental prices outpace annual increases in the minimum wage.</p>
<p>Sustainable economic growth also requires financing the social security of workers including maternity leave, unemployment and disability insurance.</p>
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Read more:
<a href="https://theconversation.com/it-would-cost-you-20-cents-more-per-t-shirt-to-pay-an-indian-worker-a-living-wage-88309">It would cost you 20 cents more per T-shirt to pay an Indian worker a living wage</a>
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<h2>3. Community</h2>
<p>Workers are often migrants who leave their children behind in the care of families.</p>
<p>Many garment-producing countries lack sufficient gender-responsive public services needed by women workers: decent public housing, street lighting and healthcare in close proximity to factories. </p>
<p>The Sustainable Development Goals ask for the recognition of the unequal share of unpaid care work borne by women. This impacts women workers’ lives outside the factory floor. Without this recognition, gendered labour will continue to sustain the global economy. </p>
<p>Women also face <a href="https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C190">gender-based violence</a> on and off the factory floor. Legislation is needed to protect workers from such violence in all the spaces in which they move, including the commute to and from work.</p>
<h2>4. Taxation</h2>
<p>Potential tax revenue is lost by governments in garment-producing countries through regulatory loopholes. </p>
<p>Rather than directly owning production factories, some companies claim to buy their products from “independent suppliers”. This arms-length principle eradicates the need for major retail brands to pay corporate tax in these countries. </p>
<p>This lost revenue has a disproportionate impact on women, including undermining the provision of gender-responsive public services. Comprehensive social protection schemes remain underfunded. </p>
<p>Reforms to eradicate these tax loopholes may see a notable increase in government revenue for garment-supply countries to fund these much needed services.</p>
<h2>5. Representation and voice</h2>
<p>Women make up the majority of garment workers, but their influence over corporate and government decision-making remains marginal. </p>
<p>Trade unions have improved representation, but frequently their approach to gender equality is piecemeal. Many women fashion workers remain un-unionised. As a result, fundamental concerns of women workers are often given inadequate attention. </p>
<p>The implementation of <a href="https://indicators.report/targets/8-8/">labour standards from the International Labour Organization</a> could see more spaces carved out for women worker’s interests to be voiced and heard.</p>
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Read more:
<a href="https://theconversation.com/shocking-bangladesh-reality-for-workers-highlights-key-role-for-labour-unions-15522">Shocking Bangladesh reality for workers highlights key role for labour unions</a>
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<h2>6. Responsible consumption</h2>
<p>Consumer choice is often presented as the key to transforming the fashion industry. Consumers need persuading to make human rights-based decisions, in the same way they are persuaded by brand, quality and price. </p>
<p>Consumers may look for clothing labelled as “ethical fashion”, “organic” or “eco”, but shoppers are also wary of “<a href="https://jcsr.springeropen.com/articles/10.1186/s40991-019-0044-9">greenwashing</a>”.</p>
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Read more:
<a href="https://theconversation.com/i-can-only-do-so-much-we-asked-fast-fashion-shoppers-how-ethical-concerns-shape-their-choices-172978">'I can only do so much': we asked fast-fashion shoppers how ethical concerns shape their choices</a>
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<p>While <a href="http://www.makethelabelcount.org/">imperfect</a>, the European Union’s proposal to make transparent the <a href="https://www.ecotextile.com/2021070828060/materials-production-news/consultation-opens-on-european-pef-proposals.html">environmental footprint of clothing</a> should enable stronger transparency on the environmental impact of fashion labels. </p>
<p>This transparency must also extend to human rights issues looking at how the clothing is produced.</p>
<p>Clearly law and fashion have much to gain from each other. But there has to be a more robust and effective solution than shifting accountability from corporations to the individual. A simple boycott may not be the best choice: instead contact your local MP and encourage them to care about and demand gender-responsive law reform.</p><img src="https://counter.theconversation.com/content/173235/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Our new research sets out six ways to cut a more gender-just and sustainable fashion sector.Mark Liu, Visiting Scholar: School of Architecture and School of Engineering, University of Technology SydneyRamona Vijeyarasa, Senior Lecturer and Juris Doctor Program Head, University of Technology Sydney and Women's Leadership Institute Australia Research Fellow, University of Technology SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1729782021-12-05T19:11:47Z2021-12-05T19:11:47Z‘I can only do so much’: we asked fast-fashion shoppers how ethical concerns shape their choices<figure><img src="https://images.theconversation.com/files/434982/original/file-20211201-28-56thwc.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C5708%2C2871&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption"></span> </figcaption></figure><p>You’ve found the perfect dress. You’ve tried it on before and you know it looks great. Now it’s on sale, a discount so large the store is practically giving it away. Should you buy it?</p>
<p>For some of us it’s a no-brainer. For others it’s an ethical dilemma whenever we shop for clothes. <a href="https://www.emerald.com/insight/content/doi/10.1108/JFMM-01-2019-0011/full/html">What matters more</a>? How the item was made or how much it costs? Is the most important information on the label or the price tag?</p>
<p>Of the world’s industries that profit from worker exploitation, the <a href="https://www.globalslaveryindex.org/">fashion industry is notorious</a>, in part because of the sharp contrast between how fashion is made and how it is marketed. </p>
<p>There are more people <a href="https://www.ilo.org/global/publications/books/WCMS_575479/lang--en/index.htm">working in exploitative conditions</a> than ever before. Globally, the garment industry employs millions of people, with <a href="https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/documents/briefingnote/wcms_758626.pdf">65 million garment sector workers in Asia alone</a>.
The Clean Clothes Campaign estimates <a href="https://cleanclothes.org/poverty-wages">less than 1%</a> of what you pay for a typical garment goes to the workers who made it.</p>
<hr>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/396477/original/file-20210422-21-1gzk2hu.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/396477/original/file-20210422-21-1gzk2hu.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=600&fit=crop&dpr=1 600w, https://images.theconversation.com/files/396477/original/file-20210422-21-1gzk2hu.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=600&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/396477/original/file-20210422-21-1gzk2hu.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=600&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/396477/original/file-20210422-21-1gzk2hu.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=754&fit=crop&dpr=1 754w, https://images.theconversation.com/files/396477/original/file-20210422-21-1gzk2hu.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=754&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/396477/original/file-20210422-21-1gzk2hu.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=754&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption"></span>
<span class="attribution"><span class="source">Clean Clothes Campaign/The Conversation</span>, <a class="license" href="http://creativecommons.org/licenses/by-nd/4.0/">CC BY-ND</a></span>
</figcaption>
</figure>
<hr>
<p>Some work in conditions so exploitative they meet the definition of being <a href="https://www.commonobjective.co/article/modern-slavery-and-the-fashion-industry">modern slaves</a> – trapped in situations they can’t leave due to coercion and threats.</p>
<p>But their plight is hidden by the distance between the worker and the buyer. Global supply chains have helped such exploitation to hide and thrive. </p>
<p>Do we really care, and what can we do?</p>
<p>We conducted <a href="https://doi.org/10.1108/JFMM-06-2021-0158">in-depth interviews</a> with 21 women who buy “fast fashion” – “on-trend” clothing made and sold at very low cost – to find out how much they think about the conditions of the workers who make their clothes, and and what effort they take to avoid slave-free clothing. Well-known fast-fashion brands include H&M, Zara and Uniqlo.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/four-corners-forced-labour-expose-shows-why-you-might-be-wearing-slave-made-clothes-115462">Four Corners’ forced labour exposé shows why you might be wearing slave-made clothes</a>
</strong>
</em>
</p>
<hr>
<p>What they told us highlights the inadequacy of seeking to eradicate exploitation in the fashion industry by relying on consumers to do the heavy lifting. Struggling to seek reliable information on ethical practices, consumers are overwhelmed when trying to navigate ethical consumerism. </p>
<h2>Out of sight, out of mind</h2>
<p>The 21 participants in our research were women aged 18 to 55, from diverse backgrounds across Australia. We selected participants who were aware of exploitation in the fashion industry but had still bought fast fashion in the previous six months. This was not a survey but qualitative research involving in-depth interviews to understand the disconnect between awareness and action.</p>
<p>Our <a href="https://doi.org/10.1108/JFMM-06-2021-0158">key finding </a> is that clothing consumers’ physical and cultural distance from those who make the clothes makes it difficult to relate to their experience. Even if we’ve seen images of sweatshops, it’s still hard to comprehend what the working conditions are truly like. </p>
<figure class="align-center ">
<img alt="Garment workers sew clothes at a factory in Huaibei, Anhui province, China." src="https://images.theconversation.com/files/435500/original/file-20211203-15-1oi6vui.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/435500/original/file-20211203-15-1oi6vui.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/435500/original/file-20211203-15-1oi6vui.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/435500/original/file-20211203-15-1oi6vui.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/435500/original/file-20211203-15-1oi6vui.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/435500/original/file-20211203-15-1oi6vui.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/435500/original/file-20211203-15-1oi6vui.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Garment workers sew clothes at a factory in Huaibei, Anhui province, China.</span>
<span class="attribution"><span class="source">Xie Zhengyi/AP</span></span>
</figcaption>
</figure>
<p>As Fiona*, a woman in her late 30s, put it: “I don’t think people care [but] it’s not in a nasty way. It’s like an out of sight, out of mind situation.”</p>
<p>This problem of geographic and cultural distance between garment workers and fashion shoppers highlights the paucity of solutions premised on driving change in the industry through consumer activism. </p>
<h2>Who is responsible?</h2>
<p>Australia’s Modern Slavery Act, for example, tackles the problem only by requiring large companies to report to a <a href="https://modernslaveryregister.gov.au/">public register</a> on their efforts to identify risks of modern slavery in their supply chains and what they are doing to eliminate these risks. </p>
<p>While greater transparency is certainly a big step forward for the industry, the legislation still presumes that the threat of reputational damage is enough to get industry players to change their ways. </p>
<p>The success of the legislation falls largely on the ability of activist organisations to sift through and publicise the performance of companies in an effort to encourage consumers to hold companies accountable.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/modern-slavery-bill-a-step-in-the-right-direction-now-businesses-must-comply-99135">Modern Slavery Bill a step in the right direction – now businesses must comply</a>
</strong>
</em>
</p>
<hr>
<p>All our interviewees told us they felt unfairly burdened with the responsibility to seek information on working conditions and ethical practices to hold retailers to account or to feel empowered to make the “correct” ethical choice.</p>
<p>“It’s too hard sometimes to actually track down the line of whether something’s made ethically,” said Zoe*, a woman in her early 20s.</p>
<p>Given that many retailers are themselves ignorant about <a href="https://www.afr.com/wealth/investing/companies-risk-litigation-over-modern-slavery-ignorance-20201215-p56nix">their own supply chains</a>, it is asking a lot to expect the average consumer to unravel the truth and make ethical shopping choices.</p>
<h2>Confusion + overwhelm = inaction</h2>
<p>“We have to shop according to what we care about, what is in line with our values, family values, budget,” said Sarah*, who is in her early 40s. </p>
<p>She said she copes with feeling overwhelmed by ignoring some issues and focus on the ethical actions she knew would make a difference. “I’m doing so many other good things,” she said. “We can’t be perfect, and I can only do so much.” </p>
<p>Other participants also talked about juggling considerations about environmental and social impacts.</p>
<p>“It’s made in Bangladesh, but it’s 100% cotton, so, I don’t know, is it ethical?” is how Lauren*, a woman in her early 20s, put it. “It depends on what qualifies as ethical […] and what is just marketing.”</p>
<p>Comparatively, participants felt their actions to mitigate environmental harm made a tangible difference. They could see the impact and felt rewarded and empowered to continue making positive change. This was not the case for modern slavery and worker rights more generally.</p>
<p>Fast fashion is a lucrative market, with <a href="https://www.businessinsider.com/the-billionaire-family-behind-fast-fashion-powerhouse-boohoo-2019-11?r=AU&IR=T">billions in profits made</a> thanks to the work of the lowest paid workers in the world.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/fashion-production-is-modern-slavery-5-things-you-can-do-to-help-now-115889">Fashion production is modern slavery: 5 things you can do to help now</a>
</strong>
</em>
</p>
<hr>
<p>There is no denying consumers wield a lot of power, and we shouldn’t absolve consumers of their part in creating demand for the cheapest clothes humanly – or inhumanly – possible. </p>
<p>But consumer choice alone is insufficient. We need a system where all our clothing choices are ethical, where we don’t need to make a choice between what is right and what is cheap.</p>
<hr>
<p><em>The names of study participants have been changed to protect their anonymity.</em></p><img src="https://counter.theconversation.com/content/172978/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Our research shows the inadequacy of relying on consumer power to eradicate exploitation in the fashion industry.Tara Stringer, PhD Candidate, Queensland University of TechnologyAlice Payne, Associate Professor in Fashion, Queensland University of Technology, Queensland University of TechnologyGary Mortimer, Professor of Marketing and Consumer Behaviour, Queensland University of TechnologyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1722952021-11-22T19:07:39Z2021-11-22T19:07:39ZLike most of the fashion industry, there’s a blind spot in Country Road’s ethical focus<figure><img src="https://images.theconversation.com/files/433028/original/file-20211122-15-1g23e8g.jpg?ixlib=rb-1.1.0&rect=0%2C292%2C1200%2C605&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">United Workers Union</span>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span></figcaption></figure><p>Amid the catwalk shows and millinery workshops, a key theme of this year’s <a href="https://mfw.melbourne.vic.gov.au/">Melbourne Fashion Week</a> was sustainablity, “offering designers with strong ethical foundations an opportunity to join our runways, or opening up dialogue on sustainability into our talks program”.</p>
<p>Events during the week included industry representatives discussing “<a href="https://mfw.melbourne.vic.gov.au/event/shifting-fashions-status-quo/">shifting the status quo</a>” and moving “<a href="https://mfw.melbourne.vic.gov.au/event/beyond-greenwashing/">beyond greenwashing</a>”. </p>
<p>On the panel at the latter event was Eloise Bishop, head of sustainability at Country Road Group, one of Australia’s largest specialty fashion retailers. Meanwhile workers from the company were on strike, chaining themselves together and staging other protests outside Country Road stores in pursuit of better wages and working conditions. </p>
<p>Among the complaints of these workers, mostly women from the company’s distribution warehouse in Melbourne’s west, was being paid an average of <a href="https://www.news.com.au/finance/country-road-under-fire-for-fashion-ethics-talk-while-workers-strike-for-1-an-hour-pay-rise/news-story/96ffb3bc8b659a22ed748c89edcd2e12">A$23 an hour</a>, compared to about A$30 for workers doing similar work at the Pacific Brands warehouse across the road. </p>
<p>On Monday the workers returned to work after reaching an agreement with the company that includes improved job security, union recognition and a 13.3% pay rise over four years. That’s about an extra $3 an hour.</p>
<p>While this has brought the strike to a celebratory end, questions remain. How could a company so highly regarded for its commitment to sustainability have provoked staff to strike for almost a fortnight?</p>
<h2>Lower marks for worker empowerment</h2>
<p>Country Road Group is a subsidiary of South Africa’s <a href="https://www.woolworthsholdings.co.za/">Woolworths Holdings Ltd</a> (which also owns David Jones). The company’s clothing brands include Country Road, Witchery, Trenery, Politix and Mimco. Despite the pandemic, in the past fiscal year Country Road Group’s sales grew by 13.5% to <a href="https://www.smh.com.au/business/companies/david-jones-returns-to-profit-growth-as-recent-lockdowns-savage-sales-20210826-p58ma3.html">A$1.05 billion</a>. </p>
<p>The company is considered by many an industry leader on ethics and sustainability. The <a href="https://baptistworldaid.org.au/resources/ethical-fashion-guide/">2021 Ethical Fashion Guide</a> compiled by Baptist World Aid, for example, awarded it an overall “A” grade. It did well on four of five rating criteria, scoring an “A+” on its policies and governance, “A+” for trading and risk, “A” for supplier relationships and human rights monitoring, and another “A” for environmental sustainability.</p>
<p>On worker empowerment, however, it scored just a “C”. </p>
<p>These results suggest the company has a blind spot in addressing concerns about labour conditions in its supply chain.</p>
<figure class="align-center ">
<img alt="Country Road Group scores better on environmental sustainability than worker empowerment." src="https://images.theconversation.com/files/433066/original/file-20211122-21-licwaw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/433066/original/file-20211122-21-licwaw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/433066/original/file-20211122-21-licwaw.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/433066/original/file-20211122-21-licwaw.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/433066/original/file-20211122-21-licwaw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/433066/original/file-20211122-21-licwaw.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/433066/original/file-20211122-21-licwaw.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Country Road Group scores better on environmental sustainability than on worker empowerment.</span>
<span class="attribution"><a class="source" href="https://commons.wikimedia.org/wiki/File:Country_Road_store_in_the_Canberra_Centre_August_2020.jpg">Nick-D/Wikimedia</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<h2>Supply-chain blind spots</h2>
<p>In part because of the disparities between how the fashion industry markets its products and the way workers are treated, the global fashion industry is a notorious example of exploitation engendered by opaque supply chains. </p>
<p>Questions about ethics become divided across asymmetrical lines: the global North as fashion consumer and the global South as fashion producer. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/why-the-fashion-industry-keeps-failing-to-fix-labour-exploitation-87356">Why the fashion industry keeps failing to fix labour exploitation</a>
</strong>
</em>
</p>
<hr>
<figure class="align-right ">
<img alt="Country Road Group's Modern Slavery Statement" src="https://images.theconversation.com/files/433041/original/file-20211122-19-3nwlnm.png?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/433041/original/file-20211122-19-3nwlnm.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=849&fit=crop&dpr=1 600w, https://images.theconversation.com/files/433041/original/file-20211122-19-3nwlnm.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=849&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/433041/original/file-20211122-19-3nwlnm.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=849&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/433041/original/file-20211122-19-3nwlnm.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1066&fit=crop&dpr=1 754w, https://images.theconversation.com/files/433041/original/file-20211122-19-3nwlnm.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1066&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/433041/original/file-20211122-19-3nwlnm.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1066&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption"></span>
<span class="attribution"><a class="source" href="https://modernslaveryregister.gov.au/">Modern Slavery Statements Register</a></span>
</figcaption>
</figure>
<p>Attempts to bring greater <a href="https://www.google.com/url?q=https://www.tandfonline.com/doi/full/10.1080/10304312.2021.1993575&sa=D&source=docs&ust=1637567187083000&usg=AOvVaw1hBszzmdvvqcUtTuXS2gJF">transparency</a> and accountability to these supply chains include Australia’s Modern Slavery Act. This requires large companies to submit an annual statement to a public registry outlining efforts to identify and eliminate the risk of exploitative labour practices. </p>
<p>Country Road Group’s <a href="https://modernslaveryregister.gov.au/statements/2175/">2020 Modern Slavery statement</a> states the company is “committed to upholding the highest social, ethical and environmental standards in its supply chains”. </p>
<p>But commitment to ethics is arguably easier when the “problem” of labour rights is far away and things like modern slavery statements (which rely on third party auditing) can help to conceal unethical practices. What happens when the issue is on our doorstep? </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/at-last-australia-has-a-modern-slavery-act-heres-what-youll-need-to-know-107885">At last, Australia has a Modern Slavery Act. Here's what you'll need to know</a>
</strong>
</em>
</p>
<hr>
<h2>Fair pay for all</h2>
<p>We often think about the concept of a “<a href="https://oxford.universitypressscholarship.com/view/10.1093/oso/9780198830351.001.0001/oso-9780198830351">living wage</a>” in relation to garment workers overseas. But these warehouse workers told their union representatives they could not afford to live on the wages paid by Country Road Group, much less clothe themselves or their children in the very garments they pick and pack at the warehouse. </p>
<p>According to industry body the <a href="https://ausfashioncouncil.com/wp-content/uploads/2021/05/From-high-fashion-to-high-vis-EY-final-report-31-May-2021.pdf">Australian Fashion Council</a>, 77% of the 489,000 workers employed in Australia’s fashion and textile industry’s workforce are female. This makes fair pay and conditions in the industry an important driver of women’s economic advancement. Industrial action is about more than money; it is about respect and recognition. </p>
<p>Responsibility for change in the fashion industry is frequently <a href="https://www.tandfonline.com/doi/abs/10.1080/08164649.2019.1567255">feminised</a>. Women are not only the primary workforce; they are at the front lines of sustainable action, consumer activism and labour rights movements. It was a proposed strike by members of the International Ladies Garment Workers Union in New York in 1909 that led to the establishment of <a href="https://www.harpersbazaar.com/culture/politics/a35696959/garment-workers-international-womens-day/">International Women’s Day</a>.</p>
<p>The move towards sustainability and ethical production in the fashion industry is necessary. But if action does not extend to the realities of <em>all</em> workers across the supply chain, the rhetoric is empty.</p>
<hr>
<p><em>Note: co-author Lauren Kate Kelly is a researcher with the United Workers’ Union, which covers Country Road warehouse employees.</em></p><img src="https://counter.theconversation.com/content/172295/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Harriette Richards receives funding from the Australian Research Council. </span></em></p><p class="fine-print"><em><span>Lauren Kelly receives funding from the Australian Research Council and works as a researcher with United Workers Union, which represents warehouse workers. </span></em></p>How could a company highly regarded for its commitment to sustainability do so badly on the industrial relations front, pushing staff to strike for almost a fortnight?Harriette Richards, Research Associate, Cultural Studies, The University of MelbourneLauren Kate Kelly, PhD Candidate, RMIT UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1666472021-08-25T05:03:07Z2021-08-25T05:03:07ZSenate’s vote to ban slave-made imports shows the weakness of Australia’s Modern Slavery Act<figure><img src="https://images.theconversation.com/files/417528/original/file-20210824-13-17e6q5m.jpg?ixlib=rb-1.1.0&rect=0%2C659%2C3968%2C1978&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Kyodo/AP</span></span></figcaption></figure><p>When the Australian government introduced its Modern Slavery Bill to parliament in 2018, it heralded it as the start of a “race to the top”.</p>
<p>But it has turned out to be less a race than a meander.</p>
<p>The bill required companies with annual revenues greater than $100 million to report on action they take to ensure their supply chains are free of slave labour. The premise was that transparency and accountability were enough to drive reform.</p>
<p>“Business feedback indicates the primary driver for compliance will be investor pressure and reputational costs and benefits,” a government spokeswoman <a href="https://probonoaustralia.com.au/news/2018/07/modern-slavery-bill-will-race-top-beat-big-stick/">said at the time</a>. “This will drive compliance more effectively than legislated penalties and encourage a business-led race to the top”. </p>
<p>That bill was passed <a href="https://theconversation.com/at-last-australia-has-a-modern-slavery-act-heres-what-youll-need-to-know-107885">in December 2018</a>.
But so far, according to research <a href="https://acsi.org.au/wp-content/uploads/2021/07/ACSI_ModernSlavery_July2021.pdf">published last month</a> by the Australian Council of Superannuation Investors, most companies are engaged in a “race to the middle”, disclosing only the minimum and not wishing to reveal more than their key peers.</p>
<p>Could more be done? </p>
<p>Yes — but the possibilities and pitfalls are shown by a private member’s bill that passed the Senate this week.</p>
<p>Proposed by South Australian independent senator Rex Patrick, the <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1307">Customs Amendment (Banning Goods Produced By Forced Labour) Bill 2021</a> would amend federal customs regulations to prohibit the import of any goods made using forced labour.</p>
<p>It passed the Senate on Monday with support from the Labor Party, the Greens and One Nation senators. But Coalition senators voted against the bill. This was despite it reflecting the recommendations of a inquiry chaired by Liberal senator Eric Abetz, who <a href="https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9e45ee11-ef07-46fb-ab52-6a60f6014a73%2F0015;query=BillId_Phrase%3A%22s1307%22%20Dataset%3Ahansardr,hansards%20Title%3A%22second%20reading%22;rec=0">said Patrick’s bill</a> was “worthy of consideration and support, in principle”. </p>
<p>Without government support the bill won’t pass the House of Representatives to become law. Nonetheless, it is worth considering why senators as disparate as the Greens and One Nation have backed it. Despite the <a href="https://www.legislation.gov.au/Details/C2018A00153">Modern Slavery Act</a>, there’s much more to be done before Australians can be confident the goods they buy are free of slave labour.</p>
<h2>The call for a stronger approach</h2>
<p>Patrick began with less expansive ambitions, introducing <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=s1284">a bill</a> in December 2020 to ban the import of goods from China produced by Uyghur forced labour.</p>
<p>This was in response to mounting evidence of the Chinese government’s detention of more than a million Uyghurs (and other ethnic minorities) in the western province of Xinjiang, forcing them to work making goods sold by Western companies. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/417728/original/file-20210825-23-1jren5z.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A 2018 satellite image shows detention camps built near the Kunshan Industrial Park in China's Xinjiang region." src="https://images.theconversation.com/files/417728/original/file-20210825-23-1jren5z.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/417728/original/file-20210825-23-1jren5z.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=540&fit=crop&dpr=1 600w, https://images.theconversation.com/files/417728/original/file-20210825-23-1jren5z.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=540&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/417728/original/file-20210825-23-1jren5z.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=540&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/417728/original/file-20210825-23-1jren5z.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=679&fit=crop&dpr=1 754w, https://images.theconversation.com/files/417728/original/file-20210825-23-1jren5z.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=679&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/417728/original/file-20210825-23-1jren5z.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=679&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">A 2018 satellite image shows detention camps built near the Kunshan Industrial Park in China’s Xinjiang region.</span>
<span class="attribution"><span class="source">Planet Labs/AP,</span></span>
</figcaption>
</figure>
<p>Patrick’s bill was referred to the Senate Standing Committee on Foreign Affairs, Defence and Trade, chaired Abetz. After considering about 60 submissions, in June the committee recommended (among other things) amending the Customs Act and other legislation “to prohibit the import of any goods made wholly or in part with forced labour, regardless of geographic origin”.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/four-corners-forced-labour-expose-shows-why-you-might-be-wearing-slave-made-clothes-115462">Four Corners’ forced labour exposé shows why you might be wearing slave-made clothes</a>
</strong>
</em>
</p>
<hr>
<p>Its <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Foreign_Affairs_Defence_and_Trade/UyghurForcedLabourBill/Report/section?id=committees%2freportsen%2f024618%2f76809">inquiry report stated</a>:</p>
<blockquote>
<p>The committee endorses without reservation the objectives of the bill. The state-sponsored forced labour to which the Uyghur people are being subjected by the Chinese dictatorship is a grave human rights violation. It is incumbent on the government to take steps to ensure that Australian businesses and consumers are not in any way complicit in these egregious abuses.</p>
</blockquote>
<h2>Slavery is all around us</h2>
<p>Patrick’s revised bill reflects this sentiment.</p>
<p>While the Chinese government may be detaining up to a million Uyghurs, the anti-slavery organisation <a href="https://www.walkfree.org/resources/">Walk Free Foundation</a> estimates globally about 4 million people are forced to work by state authorities, with further 21 million people exploited in private supply chains.</p>
<p>The foundation estimates each year goods worth <a href="https://downloads.globalslaveryindex.org/ephemeral/GSI-2018_FNL_190828_CO_DIGITAL_P-1629794133.pdf">more than US$350 billion (about $A480 billion)</a> imported into G20 countries are at at-risk of having been produced, at least in part, by forced labour. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=338&fit=crop&dpr=1 600w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=338&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=338&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=424&fit=crop&dpr=1 754w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=424&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=424&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption"></span>
<span class="attribution"><span class="source">Anti-Slavery Australia</span></span>
</figcaption>
</figure>
<p>No country or industry is untouched. The estimate for imports into Australia is US$12 billion (about A$16.5 billion) a year. It’s highly likely at some stage you’ve bought something that has been made with exploited labour. </p>
<p>It might have been <a href="https://theconversation.com/four-corners-forced-labour-expose-shows-why-you-might-be-wearing-slave-made-clothes-115462">clothing made in China</a>. Or it might have <a href="https://theconversation.com/almost-every-brand-of-tuna-on-supermarket-shelves-shows-why-modern-slavery-laws-are-needed-108421">tinned tuna from Thailand</a>, <a href="https://theconversation.com/fast-moves-in-india-australia-relations-risk-pushing-millions-more-into-modern-slavery-139867">cotton milled in India</a>. Or chocolate made from <a href="https://theconversation.com/is-that-a-good-egg-how-chocolate-makers-rate-on-social-and-environmental-measures-158125">cacao farmed West Africa</a>.</p>
<p>Australia’s Modern Slavery Act has been part of international moves to make companies accountable for the conditions of workers in the global supply chains from which they profit. This law requires reporting entities to submit an annual “Modern Slavery Statement” to a <a href="https://modernslaveryregister.gov.au/">public register</a>.</p>
<p>The law, however, has been criticised for lacking any real bite. There’s no real penalty for noncompliance. Instead it relies on the fear of being “named and shamed” — and as the research from the Australian Council of Superannuation Investors suggests, this doesn’t seem enough. </p>
<h2>How did the government respond?</h2>
<p>So why didn’t the government support Patrick’s bill?</p>
<p>In the words of Abetz, speaking in the Senate on Monday, “my heart says yes to this bill but my head says not yet”.</p>
<p>The government’s hesitancy is understandable. If passed, the law will require every Australian company — not just the big ones — to prove that any goods it imports are slave-free. That’s a huge leap from what is currently required.</p>
<p>Some large corporations are already struggling with how to adhere to the spirit and less strenuous requirements of the Modern Slavery Act. Many small- and medium-sized enterprises and not-for-profits may also not have the expertise or resources to comply.</p>
<p>But even if this particular bill isn’t right, the issues with Australia’s current response to modern slavery cannot be ignored. The enslavement of human beings shouldn’t be an issue where a progressive, but painfully slow, approach is accepted.</p>
<p>Senator Patrick’s bill may not become law. But it has helped shine a light on the deficiencies with the current law and shown there is broad community support for stronger action.</p>
<p>As the famous abolitionist William Wilberforce said: “You may choose to look the other way, but you can never say again that you did not know.”</p><img src="https://counter.theconversation.com/content/166647/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Kyla Raby is affiliated with the Australian Red Cross</span></em></p><p class="fine-print"><em><span>Katherine Christ has previously received funding from CPA Australia. </span></em></p>Australia’s Senate has voted to prohibit the import of goods made using forced labour. But without government support it won’t become law.Kyla Raby, PhD Candidate researching the role of consumers in eradicating modern slavery in supply chains, University of South AustraliaKatherine Christ, Senior Lecturer in Accounting, University of South AustraliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1581252021-04-01T19:06:19Z2021-04-01T19:06:19ZIs that a good egg? How chocolate makers rate on social and environmental measures<figure><img src="https://images.theconversation.com/files/393037/original/file-20210401-17-189s9zj.jpg?ixlib=rb-1.1.0&rect=29%2C0%2C3964%2C2000&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Pixelbliss/Shutterstock</span></span></figcaption></figure><p>Easter is the biggest chocolate-buying time of the year. But who’s really paying for the cost of that chocolate? </p>
<p>The <a href="https://static1.squarespace.com/static/5600d036e4b056134c4419f3/t/605142959437755dc1282845/1615938229414/Easter+Scorecard+2021.pdf">second annual report</a> on the social and environmental performance of the world’s major chocolate makers show human exploitation and environmental degradation continue to be key ingredients in many chocolate products. </p>
<p>It is a collaboration between five advocacy groups – <a href="https://beslaveryfree.com/">Be Slavery Free</a>, German-based social justice organisation <a href="https://www.inkota.de/english/">INKOTA</a> and US environmental outfits <a href="https://www.greenamerica.org/">Green America</a>,<a href="https://www.mightyearth.org/">Mighty Earth</a> and the <a href="https://www.nwf.org/">National Wildlife Federation</a>. (Macquarie Business School has been working with <a href="https://beslaveryfree.com/">Be Slavery Free</a> on research into issues of modern slavery). </p>
<p>The report sorts 31 major chocolate makers into four bands – industry leaders, those showing improvement, those needing to do more and the industry laggards – based on their written responses to questions about their polices in six key areas covering social, environmental and governance practices.</p>
<p>Just four of the 31 received the highest “good egg” rating: US-based <a href="https://www.alterecofoods.com/">Alter Eco</a>, Switzerland’s <a href="https://www.halba.ch/en.html">Chocolats Halba/Sunray</a>, Netherlands-based <a href="https://tonyschocolonely.com/int/en">Tony’s Chocolonely</a>, and New Zealand’s<a href="https://www.whittakers.co.nz/"> Whittakers </a>. These are all relatively small chocolate makers. </p>
<p>Thirteen makers ranked in the second category, which includes most of the world’s ten biggest confectionary companies – Mars Wrigley (US), Ferraro Group (Luxembourg/Italy), Mondelēz International (US, owner of the Cadbury, Toblerone and Milka brands), Hershey (US), Nestlé (Switzerland) and Lindt & Sprüngli (Switzerland).</p>
<p>Seven companies were in the third rank. Three were in the fourth – Meiji, Itochu and Morinaga (all Japan-based). </p>
<hr>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/393466/original/file-20210406-23-1ls8ppc.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/393466/original/file-20210406-23-1ls8ppc.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=787&fit=crop&dpr=1 600w, https://images.theconversation.com/files/393466/original/file-20210406-23-1ls8ppc.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=787&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/393466/original/file-20210406-23-1ls8ppc.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=787&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/393466/original/file-20210406-23-1ls8ppc.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=989&fit=crop&dpr=1 754w, https://images.theconversation.com/files/393466/original/file-20210406-23-1ls8ppc.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=989&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/393466/original/file-20210406-23-1ls8ppc.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=989&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Selected chocolate brands available in Australia, from a full list of 31 makers.</span>
<span class="attribution"><a class="source" href="https://static1.squarespace.com/static/5600d036e4b056134c4419f3/t/605142959437755dc1282845/1615938229414/Easter+Scorecard+2021.pdf">Easter Chocolate Shopping Guide</a>, <a class="license" href="http://creativecommons.org/licenses/by-nd/4.0/">CC BY-ND</a></span>
</figcaption>
</figure>
<hr>
<p>Four companies failed to respond to the survey: Valrhona (France); Starbucks (US, a major seller of hot chocolate products); Unilever (UK); and August Storck (Germany, maker of Werther’s, Toffifay and Merci chocolate brands).</p>
<p>The full list of rankings can be <a href="https://static1.squarespace.com/static/5600d036e4b056134c4419f3/t/605142959437755dc1282845/1615938229414/Easter+Scorecard+2021.pdf">found here</a>.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/sustainable-shopping-save-the-world-one-chocolate-at-a-time-93844">Sustainable shopping: save the world, one chocolate at a time</a>
</strong>
</em>
</p>
<hr>
<h2>Where chocolate comes from</h2>
<p>The principle ingredient for making chocolate is cocoa, the powder made from grinding the seeds of the cacao plant. About 70% of cacao is farmed in West Africa, with Côte d'Ivoire and Ghana being the big two producers. </p>
<p>Most cacao farmers make less than US$1 a day (and women even less), well below the global poverty line of $US1.90. An estimated <a href="https://foodtank.com/news/2021/02/norc-report-finds-children-are-engaged-in-child-labor-in-the-cocoa-industry-in-west-africa/">1.6 million children</a> work in cocoa production in Côte d'Ivoire and Ghana alone. </p>
<figure class="align-center ">
<img alt="Most cacao farmers earn less than US$1 a day." src="https://images.theconversation.com/files/393070/original/file-20210401-13-1aw7qh8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/393070/original/file-20210401-13-1aw7qh8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/393070/original/file-20210401-13-1aw7qh8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/393070/original/file-20210401-13-1aw7qh8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/393070/original/file-20210401-13-1aw7qh8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/393070/original/file-20210401-13-1aw7qh8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/393070/original/file-20210401-13-1aw7qh8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Most cacao farmers earn less than US$1 a day.</span>
<span class="attribution"><span class="source">chomplearn/Shutterstock</span></span>
</figcaption>
</figure>
<p>Clearing land to farm cacao is estimated to be responsible for about one-third of of the land cleared in Côte d'Ivoire and Ghana over the past 60 years. These countries have now lost more <a href="https://www.theguardian.com/environment/2017/sep/13/chocolate-industry-drives-rainforest-disaster-in-ivory-coast">than 80%</a> of rainforest cover. Such deforestation contributes to climate change. </p>
<p>The good news is that most companies and four producer governments (Côte d'Ivoire, Ghana, Colombia and Cameroon) have committed to ending cocoa-driven deforestation through the <a href="https://www.worldcocoafoundation.org/initiative/cocoa-forests-initiative/">Cocoa and Forest Initiative</a>. </p>
<p>Some action is taking place through <a href="https://readcacao.com/chocolate-and-sustainability/what-is-cacao-agroforestry/">agroforestry</a>, which involves farming a variety of crops while retaining natural vegetation. This has been shown to reduce the need for pesticides, increase carbon sequestration and improve biodiversity. It is also better for farmers’ food and income security, as they can grow diverse crops rather than relying on just one. </p>
<h2>Supply chain transparency</h2>
<p>Essential to addressing these social and environmental problems is achieving transparency in supply chains. If a company does not trace and track where products have come from, it cannot know if they have been produced through human exploitation or environmental destruction.</p>
<p>The report rates chocolate makers on two measures related to this – due diligence traceability and transparency. These are crucial as the foundation for all other reforms. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/at-last-australia-has-a-modern-slavery-act-heres-what-youll-need-to-know-107885">At last, Australia has a Modern Slavery Act. Here's what you'll need to know</a>
</strong>
</em>
</p>
<hr>
<p>They are also key to Australia’s modern slavery act, which requires businesses with an annual turnover of A$100 million to publish a “modern slavery statement” reporting on the risks of modern slavery in their operations and supply chains, and on the actions they have taken to address these.</p>
<p>But such transparency alone will not be enough if consumers don’t act on that information, and put pressure on chocolate companies through their purchasing decisions. </p>
<p>So go with the good eggs, and avoid the bad.</p>
<hr>
<p><em>Correction: the shopping guide graphic in this article has been updated to correct the ratings for Lindt. The previous version of the graphic marked Lindt as “needs more work” for all but the due diligence and overall categories.</em></p><img src="https://counter.theconversation.com/content/158125/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Just four of 31 international chocolate makers have been rated ‘good eggs’ for their social, environmental and governance standards.John Dumay, Professor - Department of Accounting and Corporate Governance, Macquarie UniversityJames Guthrie, Distinguished Professor of Accounting, Macquarie UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1521792021-01-28T00:25:23Z2021-01-28T00:25:23ZWhy is it so difficult to stamp out seafood slavery? There is little justice, even in court<figure><img src="https://images.theconversation.com/files/380996/original/file-20210127-23-i29cs4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>Each year, thousands of men and boys labour under extremely exploitative conditions on commercial fishing vessels owned by Taiwanese, Chinese and South Korean companies. </p>
<p>The Taiwanese fleet, which operates in all reaches of the globe, is alone <a href="https://www.ait.org.tw/2020-trafficking-in-persons-report-taiwan/">estimated</a> to have around 100,000 foreign fishers in its crew, mainly from Indonesia, the Philippines and Cambodia.</p>
<p>These fishing vessels mainly catch tuna, marlin and swordfish, but they <a href="https://ejfoundation.org/reports/illegal-fishing-and-human-rights-abuses-in-the-taiwanese-fishing-fleet-2">have also been found</a> to catch threatened species, including sharks, dolphins, turtles, whales and seabirds. Much of the catch is sold fresh to markets in Asia, but is also processed in countries like Thailand and <a href="http://changeyourtuna.org.au/">exported beyond Asia</a>, including to Australia.</p>
<p>The conditions on many of these vessels are shocking. The fishers are often expected to work up to 20 hours a day, seven days a week, leaving little time for adequate rest.</p>
<p>Food is often in poor supply, expired or rotting, and a one-litre ration of drinking water must be shared among three men. Injuries, illness and physical and sexual violence are commonplace. The number of deaths on these ships is <a href="https://www.greenpeace.org/static/planet4-new-zealand-stateless/2018/05/9fdf62aa-greenpeace_misery_at_sea-report-lowres.pdf">increasingly drawing attention</a> from the international community. </p>
<p>As part of our research on human trafficking and slavery in distant waters fisheries, we interviewed 25 Indonesian boys and men working on these ships over the past year, and another 48 Cambodian and Filipino men from 2015–19.</p>
<p>One thing the men emphasised was how they were promised salaries of around AU$300–600 per month, only to later discover the wages were not paid to their families back home. Instead, massive deductions, fines and fraudulent contracts kept them in a state of constant debt.</p>
<h2>What constitutes human trafficking</h2>
<p>According to the <a href="https://www.ohchr.org/en/professionalinterest/pages/protocoltraffickinginpersons.aspx">UN Trafficking Protocol</a>, human trafficking involves three elements: </p>
<ul>
<li><p>deceptive or fraudulent recruitment</p></li>
<li><p>facilitated movement to the place of exploitation</p></li>
<li><p>exploitation at the destination. </p></li>
</ul>
<p>Our interviews with victims confirm all three elements are very clearly present. So, why then is it so difficult to address this problem?</p>
<p>One reason is the main responses to seafood slavery have centred on trying to improve supply chain transparency rather than focusing on justice itself, such as securing compensation for the fishers, supporting them through the legal process and effectively criminalising traffickers. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/fact-check-how-many-people-are-enslaved-in-the-world-today-107078">Fact check: How many people are enslaved in the world today?</a>
</strong>
</em>
</p>
<hr>
<p>In Australia, the focus on supply chains has meant tracing the seafood we import to ensure there has been no forced labour or human trafficking. </p>
<p>Ensuring supply chain transparency is an important part of <a href="https://www.legislation.gov.au/Details/C2018A00153">Australia’s 2018 Modern Slavery Act</a>. Non-government organisations, such as <a href="https://beslaveryfree.com/">Be Slavery Free</a>, are also advocating for a uniform labelling system for <a href="https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/FlagPost/2016/June/Seafood_Country_of_Origin_Labelling">all imported seafood</a>.</p>
<p>While this is important, the focus on supply chains does not offer a complete solution to the problem. </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1088477870568210432"}"></div></p>
<h2>Our research into three human trafficking cases</h2>
<p>Between 2015–20, we reviewed three legal cases of human trafficking in Indonesia, Cambodia and the Philippines involving Taiwanese-owned vessels. We also interviewed dozens of victims who were witnesses or plaintiffs in the cases. Our initial findings suggest much more can be done to protect trafficked fishers and provide them with access to justice.</p>
<p>One of the problems with the current justice response in many countries is it focuses on criminalising traffickers, while the victims are not always able to pursue civil claims.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/how-to-keep-slave-caught-seafood-off-your-plate-105861">How to keep slave-caught seafood off your plate</a>
</strong>
</em>
</p>
<hr>
<p>In the Philippines case, for instance, the victims were not offered the opportunity to make a civil claim, and their involvement in the case against their traffickers was limited to giving evidence as witnesses. </p>
<p>Even in this capacity, there was not much support for them. They had to travel to the trial at their own expense and were not allowed to leave the Philippines until it ended, more than two years later. For the men, the legal proceedings actually worsened their financial insecurity. </p>
<p>As one of the Filipino victim witnesses lamented, </p>
<blockquote>
<p>I should never have agreed to be a witness in this case. I have no job or income since coming back from the boat, but the [prosecutor] doesn’t care about that at all, only that I show up to give the testimony when he calls.</p>
</blockquote>
<h2>No compensation or restitution for the men</h2>
<p>In the Cambodian case we reviewed, four Taiwanese traffickers were convicted of human trafficking and <a href="https://www.voacambodia.com/a/fishing-company-owner-awaiting-sentence-for-trafficking/1677481.html">one was subsequently jailed</a>. The other three remain at large.</p>
<p>But it has now been seven years since the conviction and the fishers have still not received the US$2,500 or so they were each awarded by the court. Without the money to start a small business or pay off debts, many had no choice but to try their luck on fishing vessels again. </p>
<p>In the Indonesian case, the victims received restitution of US$1,850 each, but this was a fraction of the US$9,200–11,000 they had sought to cover three years of unpaid salaries. One of the victims told us,</p>
<blockquote>
<p>we decided to take it instead of getting nothing at all.</p>
</blockquote>
<h2>Light punishments for traffickers</h2>
<p>Even in terms of punishing traffickers, the criminal cases have not acted as a significant deterrent to others. </p>
<p>In the Philippines case, for example, only two low-level recruiters were convicted. The owners of the labour recruitment agency in Singapore were not investigated and remain in business.</p>
<p>The Taiwanese captain of the vessel was also never prosecuted, even though there were <a href="http://twc2.org.sg/wp-content/uploads/2016/10/Diluted-Justice-Oct-2016-FINAL-VERSION.pdf">serious allegations</a> of physical abuse and the suspicious death of one Filipino fisher.</p>
<p>In the Indonesian case, the owners of just one of the two manning agencies were convicted. The investigation of the second agency was halted because it claimed to be no longer operational.</p>
<h2>What can Australia do differently</h2>
<p>In December, the Australian government released its <a href="https://www.homeaffairs.gov.au/reports-and-publications/submissions-and-discussion-papers/combat-modern-slavery-2020-25">National Plan of Action to Combat Modern Slavery</a>, which outlines key initiatives over the next five years to respond to slavery, both in Australia and the Indo-Pacific region. </p>
<p>It is heartening to see a significant focus on justice in this plan. We suggest a few additional steps the government should take:</p>
<ul>
<li><p>work through regional mechanisms like ASEAN and the <a href="https://www.baliprocess.net/">Bali Process</a> to ensure investigations of traffickers can proceed cooperatively across jurisdictions and include labour recruitment agencies, boat captains and senior crew, and owners of fishing fleets</p></li>
<li><p>better support fishermen through the legal process, including providing resources for NGOs to assist them</p></li>
<li><p>urge countries involved in the trade to make it mandatory for remedial justice and civil claims to occur alongside criminal proceedings</p></li>
<li><p>coordinate between source countries of fishers, port states and fleet states to ensure fishers are protected and appropriately supported.</p></li>
</ul>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/fishing-industry-must-do-more-to-tackle-human-rights-abuses-heres-where-to-start-149762">Fishing industry must do more to tackle human rights abuses – here's where to start</a>
</strong>
</em>
</p>
<hr>
<p>To date, justice that ensures the resilience of victims and reduces their vulnerability to re-trafficking has either not been effective or pursued at all. We need to recognise justice is largely about financial compensation and ensuring the enforcement of fishers’ labour and employment rights. </p>
<p>As one of the Indonesian fishers reflected,</p>
<blockquote>
<p>Nothing good has come out of this case. Now I must go again to try my luck working in Thailand. What other option is there?</p>
</blockquote><img src="https://counter.theconversation.com/content/152179/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Supply chain transparency is important, but countries like Australia also must do more to support the justice process, such as securing compensation for fishermen and putting traffickers in jail.Sallie Yea, Associate professor & Principal Research Fellow, La Trobe UniversityWayne Palmer, Research fellow, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1510292020-11-30T04:59:01Z2020-11-30T04:59:01ZAustralia’s world-first repository of ‘modern slavery statements’ a step in the right direction<figure><img src="https://images.theconversation.com/files/371878/original/file-20201130-13-jzeaqt.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C5000%2C3330&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A sweatshop in Dakar, Bangladesh, where underaged workers make steel consumer goods in hazardous and dangerous circumstances, October 20 2020.</span> <span class="attribution"><span class="source">StevenK/Shutterstock</span></span></figcaption></figure><p>From “fast fashion” to tinned tuna to the components in your mobile phone, what guarantee do you have the goods you buy are slave-free? </p>
<p>The Australian government has taken a step forward by just publishing <a href="https://modernslaveryregister.gov.au/">the first batch</a> of statements from Australian companies outlining their efforts to ensure their supply chains do not involve modern slavery. </p>
<p>The reports are the first substantial fruits of Australia’s Modern Slavery Act, passed in December 2018, requiring all businesses with an annual turnover of A$100 million to publish “modern slavery statements” each year.</p>
<p>Businesses must report on the risks of modern slavery in their operations and supply chains, and on the actions they have taken to address these. </p>
<p>There are 121 statements in the repository so far. This includes 19 that are voluntary statements from businesses not required do so, but which have done so anyway to demonstrate their commitment to tackling modern slavery. </p>
<p>With the deadline for submitting reports extended due to COVID-19, the remainder will come by December 31 or March 31 next year (depending on the company’s financial year). </p>
<p>The repository is a world first. Although there are repositories of statements made under similar laws such as the UK <a href="https://www.modernslaveryregistry.org/">Modern Slavery Act</a> and the French Duty of Vigilance Act, these were established by non-government organisations (NGOs) in the absence of a government repository. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=338&fit=crop&dpr=1 600w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=338&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=338&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=424&fit=crop&dpr=1 754w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=424&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=424&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption"></span>
<span class="attribution"><span class="source">Anti-Slavery Australia</span></span>
</figcaption>
</figure>
<h2>What’s in the repository so far?</h2>
<p>Among those to have their statements published in this first tranche are major companies such as <a href="https://modernslaveryregister.gov.au/statements/file/2c7620aa-61be-4d80-bb95-4d0be119f96d/">Coles Group</a> and <a href="https://modernslaveryregister.gov.au/statements/file/cba2a76f-4097-458d-8195-11f4c56aedb7/">Wesfarmers</a> (which owns Bunnings, Kmart and Officeworks). </p>
<p>Coles’ statement reports on “risks or indicators” of modern slavery, based on each country in its supply chain. For example, for China it identifies risks of forced or bonded labour, deceptive recruitment, exploitation of migrant workers, child labour, underpayment of wages and excessive working hours. </p>
<p>Wesfarmers’ statement is relatively detailed and transparent and reports “critical breaches” including allegations of excessive overtime, transparency (record keeping and documentation), safety (building and fire safety) and unauthorised subcontracting and bribery.</p>
<p>Don’t expect to see widespread disclosures of modern slavery in any statements. The Modern Slavery Act requires reporting on risks and the actions to address these. So the content of the statements tends to cover risk assessment, policies, training and, to a lesser extent, remedies. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/four-corners-forced-labour-expose-shows-why-you-might-be-wearing-slave-made-clothes-115462">Four Corners’ forced labour exposé shows why you might be wearing slave-made clothes</a>
</strong>
</em>
</p>
<hr>
<p>Most of the reports so far come from companies headquartered in Australia. Japan, the United States and the United Kingdom are home to six reporting entities each. Four are based in New Zealand.</p>
<p>The statements submitted vary widely in the length and level of detail provided. The 16 statements in the industry category “mining, metals, chemicals and resources” range from three pages to 22 pages. Unsurprisingly, the longer – and glossier – statements come from the larger companies who often find their social and environmental practices under scrutiny, such as Santos, South 32 and BHP. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/371891/original/file-20201130-19-q73sap.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/371891/original/file-20201130-19-q73sap.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=337&fit=crop&dpr=1 600w, https://images.theconversation.com/files/371891/original/file-20201130-19-q73sap.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=337&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/371891/original/file-20201130-19-q73sap.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=337&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/371891/original/file-20201130-19-q73sap.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=423&fit=crop&dpr=1 754w, https://images.theconversation.com/files/371891/original/file-20201130-19-q73sap.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=423&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/371891/original/file-20201130-19-q73sap.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=423&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Uyghur women work in a clothing factory in Hotan prefecture, Xinjiang province, China in April 2019. The Chinese regime has allegedly to put up to a million detained Uyghurs to work.</span>
<span class="attribution"><span class="source">Azamat Imanaliev/Shutterstock</span></span>
</figcaption>
</figure>
<h2>Why the repository is important</h2>
<p>Internationally, a key criticism of business reporting laws such as Australia’s Modern Slavery Act is the lack of penalties for non-compliance. Critics argue that non-compliance with a range of other corporate laws, from Occupational Health and Safety to tax laws, result in penalties. The <a href="https://www.lawcouncil.asn.au/media/media-releases/penalties-necessary-for-effective-modern-slavery-laws">Law Council</a> and others have called for penalties.</p>
<p><a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1819a/19bd012#_Toc522195201">Others disagree</a> and suggest the Modern Slavery Act has been introduced with significant goodwill on the part of businesses and that reputational risks from poor (or no) reporting are sufficient to keep businesses on track. </p>
<p>Of course, both a carrot and a stick approach could work. Issuing a fine also carries reputational risk, for example. Another way of driving compliance is to limit government tenders to those businesses complying with the Modern Slavery Act, such as is included in the WA Government’s <a href="https://www.wa.gov.au/government/publications/proposed-western-australian-debarment-regime">proposed</a> “procurement debarment regime”.</p>
<p>A three-year review of the Modern Slavery Act should take place in 2021. It is likely the question of enforcement and penalties will be raised again.</p>
<h2>What this mean for consumers</h2>
<p>In the lead-up to Christmas, a key question for consumers is how the repository can help inform ethical purchasing. </p>
<p>The repository is not designed for this purpose and doesn’t offer “<a href="https://www.ukrn.org.uk/wp-content/uploads/2019/07/UKRN-Progress-Note-on-Performance-Scorecards-July-2019-080719.pdf">performance scorecards</a>”, for example. </p>
<p>Scrutiny of the statements is an important informal regulatory measure. But it is likely to be carried out by academics and non-government organisations, rather than individual consumers. This is the government’s <a href="https://www.aph.gov.au/DocumentStore.ashx?id=31e7dd65-18ef-4219-af99-86cf181b0a13&subId=657890">expectation</a>. But a shortcoming of this approach is that the non-government sector is chronically underfunded in Australia, particularly for advocacy work. </p>
<p>Consumers can already access ethical purchasing information, such as <a href="http://whatshemakes.oxfam.org.au/wp-content/uploads/2020/11/2020-AC-006-WSM-Research-Report_Digital_FA_Pages.pdf">Oxfam’s report</a> published last week on the manufacturing practices behind leading clothing brands in Australia. </p>
<p>Highlighting concerns from garment factories in Bangladesh, the report examined well-known stores including Best & Less, Big W, Cotton On, H&M, Zara, Kmart, Myer, Target, Rockmans, Rivers, Noni B, Just Jeans and Portmans. The repository could be further developed to inform reports and scorecards that would be more accessible to consumers.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/at-last-australia-has-a-modern-slavery-act-heres-what-youll-need-to-know-107885">At last, Australia has a Modern Slavery Act. Here's what you'll need to know</a>
</strong>
</em>
</p>
<hr>
<h2>A societal shift in corporate accountability?</h2>
<p>The Modern Slavery Act is just one of a number of recent developments that signal a move towards strengthening corporate accountability. These include the <a href="https://financialservices.royalcommission.gov.au/Pages/default.html">Banking Royal Commission</a> and the <a href="https://www.alrc.gov.au/wp-content/uploads/2020/05/ALRC-CCR-Final-Report-websml.pdf">Australian Law Reform Commission report on Corporate Criminal Responsibility</a>. </p>
<p>These developments, together with the modern slavery reporting regime can be used to drive better human rights standards among Australian businesses.</p><img src="https://counter.theconversation.com/content/151029/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Fiona McGaughey is a member of the Law Council of Australia's Business and Human Rights Committee. She ahs previously received funding from Graduate Women (WA).</span></em></p><p class="fine-print"><em><span>Holly Cullen and Rebecca Faugno do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>121 companies in Australia have delivered their first reports required by the Modern Slavery Act.Fiona McGaughey, Senior Lecturer in International Human Rights Law, The University of Western AustraliaHolly Cullen, Adjunct professor, The University of Western AustraliaRebecca Faugno, Lecturer, UWA Law School, The University of Western AustraliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1408382020-06-17T20:05:05Z2020-06-17T20:05:05ZForced labour, sexual exploitation and forced marriage: modern slavery in Australia hides in plain sight<figure><img src="https://images.theconversation.com/files/342014/original/file-20200616-65921-67z12l.jpg?ixlib=rb-1.1.0&rect=0%2C36%2C4896%2C3217&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>Yes, there <a href="https://theconversation.com/was-there-slavery-in-australia-yes-it-shouldnt-even-be-up-for-debate-140544">was slavery in Australia</a>. Yes, there is slavery in Australia now. It occurs as forced labour, sexual exploitation and forced marriage.</p>
<p>These situations rarely involve the actual chains and bars we commonly associate with historical slavery. They are nonetheless conditions of enslavement: a person is forced to work under threat; is controlled by another; is dehumanised or treated as a commodity; and is not free to leave.</p>
<p>Relatively speaking, modern slavery is rare in Australia. Perhaps a few thousand people fit the strict definition, compared with about 40 million globally. </p>
<p>But every number is the story of a human being. Their stories are, however, rarely heard as modern slavery in Australia remains largely invisible. </p>
<h2>Australian statistics</h2>
<p>The best official data on modern slavery in Australia come from the Australian Federal Police, the agency to which all alleged human trafficking and slavery offences must be referred. Between 2013 and 2017, as reported to the federal parliament’s <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Foreign_Affairs_Defence_and_Trade/ModernSlavery">Inquiry into establishing a Modern Slavery Act</a>, there were 496 referrals. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/at-last-australia-has-a-modern-slavery-act-heres-what-youll-need-to-know-107885">At last, Australia has a Modern Slavery Act. Here's what you'll need to know</a>
</strong>
</em>
</p>
<hr>
<p>The cases represent just a fifth of the iceberg, according to <a href="https://antislavery.org.au/modern-slavery/">Anti-Slavery Australia</a>, a research and policy centre that provides free legal services to victims of modern slavery. It estimates more than 80% of victims go undetected. This means about 2,000 more people in modern slavery than the AFP numbers indicate.</p>
<hr>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/342016/original/file-20200616-65961-3aiupc.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/342016/original/file-20200616-65961-3aiupc.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/342016/original/file-20200616-65961-3aiupc.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=358&fit=crop&dpr=1 600w, https://images.theconversation.com/files/342016/original/file-20200616-65961-3aiupc.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=358&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/342016/original/file-20200616-65961-3aiupc.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=358&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/342016/original/file-20200616-65961-3aiupc.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=450&fit=crop&dpr=1 754w, https://images.theconversation.com/files/342016/original/file-20200616-65961-3aiupc.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=450&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/342016/original/file-20200616-65961-3aiupc.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=450&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption"></span>
<span class="attribution"><a class="license" href="http://creativecommons.org/licenses/by-nc-nd/4.0/">CC BY-NC-ND</a></span>
</figcaption>
</figure>
<hr>
<h2>Forced labour</h2>
<p>The most common form of slavery globally is (non-sexual) forced labour. An estimated 25 million people are forced to work through the use or threat of violence, or physical, emotional or financial restraints. Particularly prevalent is bonded labour or debt bondage – having to work to pay off a debt. </p>
<p>These practices thrive in the regulatory gaps of global supply chains. They are common, for example, in <a href="https://theconversation.com/fast-moves-in-india-australia-relations-risk-pushing-millions-more-into-modern-slavery-139867">Indian textile making</a>, in <a href="https://theconversation.com/almost-every-brand-of-tuna-on-supermarket-shelves-shows-why-modern-slavery-laws-are-needed-108421">Thai fishing</a> and in <a href="https://theconversation.com/four-corners-forced-labour-expose-shows-why-you-might-be-wearing-slave-made-clothes-115462">Chinese manufacturing</a>.</p>
<p>In Australia such cases are relatively uncommon. </p>
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<p>The first conviction under <a href="https://www.legislation.gov.au/Details/C2013A00006/Html/Text">forced labour laws</a> enacted by the federal parliament in 2013 was in April 2019. The case involved a Brisbane couple, Isikeli and Malavine Pulini, who <a href="https://www.queenslandjudgments.com.au/case/id/342697">were sentenced</a> to five and six years’ jail respectively for forcing a Fijian woman to work as their domestic servant for eight years. </p>
<p>The woman had previously worked for the Pulinis in Tonga from 2001 to 2006. In 2008 they enticed her to Brisbane on a tourist visa, then took her passport from her. They manipulated her desire to stay in Australia and made her work long hours as nanny, cook, maid and cleaner. They paid her $150 to $250 a fortnight. She fled in 2016.</p>
<p>As the crown prosecutor Ben Power observed, this was “a secret hiding in plain sight” for eight years.</p>
<p>The majority of victims remain hidden for a long time. Commonly contributing to their invisibility are language barriers, a fear of immigration authorities, and an ignorance of Australian laws. Thus, while we can make estimates of the numbers of people caught in these situations, there might be more cases than we think.</p>
<h2>Sexual exploitation</h2>
<p>More common in Australia than labour exploitation, according to the AFP numbers, is sexual exploitation, which represents about 30% of slavery cases. </p>
<p>Sexual exploitation involves a person having to perform sex work due to coercion, threats or deception. To the extent this is done for the exploiter’s commercial gain, the International Labour Office considers sexual exploitation a form of forced labour.</p>
<p>One such case to end in a successful sexual slavery conviction is the <a href="https://www.cdpp.gov.au/case-reports/prosecuting-%E2%80%98insidious-trade%E2%80%99-woman-who-helped-force-thai-women-sex-slavery-jailed">November 2019</a> sentencing of Rungnapha Kanbut to eight years in jail for keeping two Thai women as slaves.</p>
<p>The two women came to Australia to do sex work. The man who made their travel arrangements took naked photos of them. The threat of these being posted on the internet was later used to deter the women from fleeing. </p>
<p>When they arrived in Australia, Kanbut took their passports and told them they needed to pay off a $45,000 debt. They worked up to 12 hours a day at multiple Sydney brothels. Most of their earnings went to Kanbut.</p>
<p>They were, as the judge put it, effectively kept “in a prison without bars”. </p>
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Read more:
<a href="https://theconversation.com/human-trafficking-and-slavery-still-happen-in-australia-this-comic-explains-how-112294">Human trafficking and slavery still happen in Australia. This comic explains how</a>
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<h2>Forced marriage</h2>
<p>Forced marriage appears the most prevalent form of modern slavery in Australia. It involves being tricked, forced or coerced into a marriage without full consent. Of the estimated 15.4 million people in such arrangements globally, 13 million are female. </p>
<p>Research suggests victims of forced marriage in Australia are mostly the children of first-generation migrants <a href="https://www.redcross.org.au/getmedia/ad745e1b-c62f-4831-b8c3-a389b3037c34/Forced-Marriage-Community-Voices-Stories-and-Strategies-Australian-Red-Cross.pdf.aspx">from places such as</a> Afghanistan, Pakistan, India, Sri Lanka, Somalia and Fiji (though it should be noted the practice is in no way limited to specific nations or cultures). </p>
<p>An <a href="http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCA/2011/22.html">example</a> is the case of an Australian-born teenager whose strict Indian-born parents tricked her into travelling to India on the premise of marrying the man she loved but then extorted her into marrying someone else.</p>
<p>The teenager had angered her parents by conducting a long-distance relationship then moving from Sydney to Melbourne to live with her chosen boyfriend. </p>
<p>They finally cajoled her into agreeing to a wedding in India as part of a reconciliation. But once the wedding party was in India, they took her passport and threatened to have her boyfriend’s mother and sister kidnapped and raped if she didn’t do what they said. So she did.</p>
<p>This case has a comparatively happy ending. The Family Court of Australia <a href="http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCA/2011/22.html">declared the marriage void</a>. </p>
<p>But for many women there are many barriers to getting to court. These are <a href="http://classic.austlii.edu.au/au/journals/MelbULawRw/2013/5.html">complex situations</a> compounded by social stigma, family pressure, fear of violence and cultural and gender expectations. </p>
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Read more:
<a href="https://theconversation.com/dowry-abuse-does-exist-but-lets-focus-on-the-wider-issues-of-economic-abuse-and-coercive-control-112288">Dowry abuse does exist, but let's focus on the wider issues of economic abuse and coercive control</a>
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<h2>Complex problems, complex responses</h2>
<p>Each form of modern slavery is complex. Each requires a different policy response.</p>
<p>Forced marriage needs more of a “<a href="https://dspace.flinders.edu.au/xmlui/bitstream/handle/2328/39334/Flinders_Slavery_Report_2019_ibsn.pdf?sequence=5&isAllowed=y">soft approach</a>”, including <a href="http://www.austlii.edu.au/au/journals/MelbULawRw/2012/24.html">consultation and education strategies</a>, and <a href="https://www.redcross.org.au/getmedia/ad745e1b-c62f-4831-b8c3-a389b3037c34/Forced-Marriage-Community-Voices-Stories-and-Strategies-Australian-Red-Cross.pdf.aspx">prevention and empowerment opportunities</a> that engage whole communities. </p>
<p>Sexual exploitation requires addressing the reasons that lead women into sex work and then to become part of the <a href="https://theconversation.com/sex-traffickings-tragic-paradox-when-victims-become-perpetrators-115706">cycle of exploitation</a>.</p>
<p>With forced labour, Australia’s Modern Slavery Act provides a focal point to promote <a href="https://www.australianethical.com.au/blog/parliament-passes-modern-slavery-act/">accountability</a> in business supply chains.</p>
<p>That wouldn’t have helped the victim of the Pulinis, though. In her case, as is uncounted others, the ability to hide in plain sight is slavery’s first defence.</p>
<p>So, along with policy measures, there’s also a need to heighten community awareness. We all have to be able to better spot the signs of slavery even without chains and bars.</p><img src="https://counter.theconversation.com/content/140838/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alexandra Baxter is affiliated with ACRATH. </span></em></p>Slavery and slavery-like practices exist in Australia, in the form of forced marriages, sexual exploitation and forced labour.Alexandra Baxter, Human trafficking and modern slavery researcher, Flinders UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1398672020-06-05T02:56:45Z2020-06-05T02:56:45ZFast moves in India-Australia relations risk pushing millions more into modern slavery<p>This week the leaders of India and Australia reaffirmed their mutual interest in closer diplomatic and economic ties.</p>
<p>Indian Prime Minister Narendra Modi told Australian Prime Minister Scott Morrison during their long-delayed Thursday “<a href="https://timesofindia.indiatimes.com/india/pm-modi-holds-india-australia-virtual-summit-with-pm-scott-morrison-key-points/articleshow/76189422.cms">virtual summit</a>”:</p>
<blockquote>
<p>India is committed to expanding its relations with Australia on a wider and faster pace. This is important not only for our two countries, but also for the Indo-Pacific region and the world.</p>
<p>But I will not say that I am satisfied with this pace. When a leader like you is leading our friend country, then the criteria for the pace of development in our relations should also be ambitious.</p>
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<p>Australia should be ambitious for its friendship with India. We have a long-term interest in India developing as another prosperous, harmonious democracy. </p>
<p>Standing in the way of that is India’s chaotic web of labour laws. There are hundreds at both national and state levels. They’ve long been a disincentive to trade and investment because of the compliance challenges for law-abiding foreign businesses. </p>
<p>Yet those same laws are so loosely enforced domestically that dodgy and unlawful working conditions are rife. </p>
<p>Indeed of India’s workforce of 500 million, it is estimated <a href="https://economictimes.indiatimes.com/news/economy/indicators/national-database-of-workers-in-informal-sector-in-the-works/articleshow/73394732.cms?from=mdr">about 450 million</a> are in the “informal sector”, with no minimum pay rates, let alone other benefits.</p>
<p>So there are good reasons for Australia to support India reducing its sheer number of labour laws. But there are also good reasons to encourage it to enforce the commitments required of both nations under international labour conventions.</p>
<p>In the shadows of the agenda to accelerate trade and investment is the risk of pushing more Indian workers into slave conditions. </p>
<h2>450 million informal workers</h2>
<p>In truth, no one <a href="https://www.businesstoday.in/sectors/jobs/labour-law-reforms-no-one-knows-actual-size-india-informal-workforce-not-even-govt/story/364361.html">knows the exact size</a> of India’s informal sector. Statistics are unreliable for work defined as “disorganised”. </p>
<p>As in other countries, India’s COVID-19 response has hit these workers in lowly paid, insecure manual labour hardest. This was amplified by the severity and swiftness of measures.</p>
<p>Modi’s March 24 orders for “<a href="https://www.thehindu.com/news/resources/article31190830.ece/BINARY/PM%20announes%2021-day%20lockdown.pdf">a complete lockdown</a>” were issued at 8:58pm, and took effect at midnight. </p>
<p>Shops, markets, factories and construction sites were shut down. All public transport services were stopped. India’s population of more than 1.3 billion people was told to stay home. </p>
<h2>139 million migrant wokers</h2>
<p>But hundred of thousands had to get home first. </p>
<p>India has an estimated <a href="https://www.weforum.org/agenda/2017/10/india-has-139-million-internal-migrants-we-must-not-forget-them/">139 million</a> internal “migrant workers”. They come from poor regions all across India to find work in the <a href="http://www.walkthroughindia.com/offbeat/top-10-richest-cities-india-based-gdp/">wealthiest cities</a> such as Mumbai, Delhi and Surat. Typical jobs are in building and manufacturing, where the average daily pay rate is about <a href="https://tradingeconomics.com/india/wages-in-manufacturing">US$4.60</a>. </p>
<p>With no work, no money, in fear of having no food and of catching the coronavirus, migrant workers have for weeks queued at train and bus stations for restricted services to get home. </p>
<p>Tens of thousands opted to <a href="https://www.nationalgeographic.com/history/2020/05/they-treat-us-like-stray-dogs-migrant-workers-flee-india-cities/">walk home</a>. </p>
<p>A survey of about 3,200 of these walkers in early April found nearly a third were in debt, usually to money lenders from their communities. </p>
<p>Bhagwan Das, who walked for three days to get back to his village after losing his job as a construction worker in Delhi, told his story to the <a href="https://news.trust.org/item/20200413065535-edq5n">Thomson Reuters Foundation</a> </p>
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<p>Unable to maintain repayments on the 60,000 rupee (US$787) loan he took out in 2017 for his daughter’s wedding, Das had no choice but to offer his son’s labour to service the rising debt.</p>
</blockquote>
<h2>8 million modern slaves</h2>
<p>The Global Slavery Index 2018 estimates <a href="https://www.globalslaveryindex.org/2018/findings/regional-analysis/asia-and-the-pacific/">about 8 million</a> Indians are in some form of modern slavery – in situations were they are forced to work under threat; are owned or controlled by another; are dehumanised or treated as a commodity; and are not free to leave. </p>
<p>Globally there is an estimated <a href="https://www.globalslaveryindex.org/2018/findings/highlights/">40 million</a> modern slaves. About 25 million are in forced labour. This may be through use or threats of violence, physical or emotional restraints, or bonded labour – also known as debt bondage, forcing people to work to pay off a debt.</p>
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Read more:
<a href="https://theconversation.com/human-trafficking-and-slavery-still-happen-in-australia-this-comic-explains-how-112294">Human trafficking and slavery still happen in Australia. This comic explains how</a>
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<p>Debt bondage is the most <a href="https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=20504&LangID=E">prevalent</a> form of forced labour. In India, a <a href="http://www.indianet.nl/pdf/FabricOfSlavery.pdf">2016 investigation</a> in the southern state of Tamil Nadu (India’s largest producer of cotton yarn) found 351 of 743 spinning mills used so-called “Sumangali” schemes to lure young women with the promise of lump sums for use as a dowry. </p>
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<p>In practice this lump sum is made up of withheld wages, and used as a means to bind workers to the mill. Girls only receive the lump sum if they fulfil their three to five years contract period, under exploitative and unhealthy conditions. Girls who fail to do so, and many do because of health problems, abuse and exhaustion, most often do not receive the withheld wages. </p>
</blockquote>
<p>This despite bonded labour being outlawed since 1976, and dowries since 1961.</p>
<h2>Suspending labour laws</h2>
<p>So clearly law enforcement in India needs work. As things stand, however, the push is on to do even less. Half a dozen of India’s 28 states have already signalled their desire to suspend <a href="https://indianexpress.com/article/explained/what-labour-law-changes-mean-coronavirus-6403611/">labour laws</a>. </p>
<p>The northern state of Uttar Pradesh, for example, summarily suspended most laws including its minimum wage act. It reportedly plans to maintain most suspensions <a href="https://www.thehindu.com/news/national/other-states/up-clears-ordinance-exempting-businesses-from-labour-laws/article31529945.ece">for three years</a>.</p>
<p>As Radhicka Kapoor, of the Indian Council for Research on International Economic Relations, has put it, these policies are “creating an enabling environment for exploitation”.</p>
<h2>Upholding commitments</h2>
<p>The <a href="https://www.business-standard.com/article/economic-revival/ilo-reaches-out-to-pm-modi-over-labour-law-changes-in-various-states-120052500335_1.html">International Labour Organisation</a>, which sets international labour standards, has written to Modi asking him to ensure India upholds its international commitments. </p>
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Read more:
<a href="https://theconversation.com/modern-slavery-bill-a-step-in-the-right-direction-now-businesses-must-comply-99135">Modern Slavery Bill a step in the right direction – now businesses must comply</a>
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<p>Both India and Australia are signatories to the International Labour Organsiation’s Declaration on the Fundamental Principles and Rights at Work, which <a href="https://www.ilo.org/declaration/lang--en/index.htm">states</a> “these rights are universal” and apply “to all people in all states - regardless of the level of economic development”.</p>
<p>Ensuring they apply to all of Australia’s supply chains is crucial for the Morrison government to continue to be “a world leader in eradicating modern slavery” – as Home Affairs Minister Jason Woods declared just <a href="https://minister.homeaffairs.gov.au/jasonwood/Pages/australian-government-world-leader-eradicating-modern-slavery.aspx">three days before</a> the Modi-Morrison meeting.</p><img src="https://counter.theconversation.com/content/139867/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Bodean Hedwards does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>In the shadows of the agenda to accelerate India-Australia trade and investment is the risk of pushing Indian workers into slave conditions.Bodean Hedwards, Lecturer, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1336202020-03-16T18:59:27Z2020-03-16T18:59:27ZThe real economic victims of coronavirus are those we can’t see<figure><img src="https://images.theconversation.com/files/320375/original/file-20200313-108852-ud4o7b.jpg?ixlib=rb-1.1.0&rect=382%2C118%2C3444%2C1995&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Computer chip and circuit board factory, Jiangxi, China</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>The COVID-19 coronavirus is officially a <a href="https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-mission-briefing-on-covid-19---12-march-2020">pandemic</a>, the <a href="https://finance.yahoo.com/quote/%5EGSPC/">US</a> and <a href="https://au.finance.yahoo.com/quote/%5EAXJO/">Australian</a> share markets have collapsed, both governments have unveiled stimulus packages, and Australia’s trade union movement is worried about the position of <a href="https://www.sbs.com.au/news/do-you-starve-or-do-you-work-calls-for-casuals-to-get-paid-leave-if-they-need-to-self-quarantine">casuals</a>. </p>
<p>But things are worse overseas, including for the workers who make products for Australians. </p>
<p>20,000 garment workers in Cambodia face job losses from <a href="https://www.rfa.org/english/news/laos/coronavirus-southeastasia-03062020161747.html">factory closures</a> because of shortages of raw materials from China and reduced orders from buyers in the virus-affected locations including the United States and Europe. </p>
<p>Thousands have already lost their jobs in Myanmar. </p>
<p>Garment workers in Sri Lanka and Bangladesh are uncertain of their futures.</p>
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Read more:
<a href="https://theconversation.com/fashion-production-is-modern-slavery-5-things-you-can-do-to-help-now-115889">Fashion production is modern slavery: 5 things you can do to help now</a>
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<p>COVID-19 is affecting supply chains and <a href="https://hbr.org/2020/02/how-coronavirus-could-impact-the-global-supply-chain-by-mid-march?ab=hero-subleft-1">disrupting</a> manufacturing around the world. </p>
<p>In February, Apple <a href="https://www.apple.com/newsroom/2020/02/investor-update-on-quarterly-guidance/">warned investors</a> it would not meet its revenue forecasts due to impacts of the coronavirus on both iPhone manufacturing and its sales in China. </p>
<p>Many companies are prioritising safety in responding to the outbreak, including Amazon, which has urged its workforce to focus on “<a href="https://www.forbes.com/sites/michaelposner/2020/03/05/amazons-responsibility-for-workers-facing-covid-19/#54495156ec35">the safety of our teams</a>”. </p>
<h2>More indirect than direct employees</h2>
<p>But what does it mean by its workforce, and how does it define its “teams”? </p>
<p>Amazon has <a href="https://www.statista.com/statistics/234488/number-of-amazon-employees/">800,000</a> direct employees, but tens of thousands more in its supply chain.</p>
<p>Apple was estimated to have <a href="https://www.statista.com/statistics/273439/number-of-employees-of-apple-since-2005/">139,000</a> employees in 2019, but as part of it supplier responsibility program in the same year it provided training to more than <a href="https://www.apple.com/supplier-responsibility/pdf/Apple_SR_2019_Progress_Report.pdf">3.6 million</a>.</p>
<p>Supply chain workers are not directly employed by the brands for whom they produce goods, and can be left destitute when the work <a href="https://www.wsj.com/articles/chinas-workers-suffer-layoffs-slashed-pay-and-shutdowns-as-coronavirus-batters-businesses-11583314257?tesla=y">stops</a>, needing to search for even more precarious work and exposing themselves to a greater risk of exploitation.</p>
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Read more:
<a href="https://theconversation.com/human-trafficking-and-slavery-still-happen-in-australia-this-comic-explains-how-112294">Human trafficking and slavery still happen in Australia. This comic explains how</a>
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<p>As work dries up, desperation among workers grows. In such circumstances <a href="https://www.newsouthbooks.com.au/books/anti-modern-slavery-manifesto/">working conditions can quickly deteriorate</a> at the hands of unscrupulous employers. This can result in <a href="https://www.antislavery.org/slavery-today/modern-slavery/">modern slavery</a>, which includes forced labour and human trafficking.</p>
<p>Extreme examples, such as those experienced by Uyghurs’ working as forced labourers in Chinese supply chains or fisherman trapped on boats in the Pacific, might seem remote to us, but they are part of the delivery of goods most of us consume daily. </p>
<p>Two reports released this month make that clear.</p>
<p>A <a href="https://cdn.minderoo.org/content/uploads/2020/03/04091414/Walk-Free-Foundation-Pacific-Report-03-2020.pdf">Walk Free Foundation</a> report provided a comprehensive assessment of modern slavery in the Pacific including exploitation in labour mobility schemes and the commercial sexual exploitation of children. </p>
<p>And a report from the <a href="https://www.aspi.org.au/report/uyghurs-sale">Australian Strategic Policy Institute</a> provided grim details of the mass transfer of Uyghur and other ethnic minorities to factories across China to produce products for some of the world’s most profitable brands.</p>
<p>From this year, the more than 3,000 companies with turnovers in excess of A$100 million will have to publicly report on the modern slavery risks in their operations and supply chains and the action they have taken to tackle them as a requirement of Australia’s new <a href="https://theconversation.com/modern-slavery-bill-a-step-in-the-right-direction-now-businesses-must-comply-99135">Modern Slavery Act</a>.</p>
<h2>The Modern Slavery Act is a sliding door</h2>
<p>Australia’s Modern Slavery Act, which comes into force later this year, offers Australian companies an opportunity to take a holistic approach to preventing and addressing risks in all parts of their operation, not only those involving people they directly employ.</p>
<p>But it isn’t certain that they all will. </p>
<p>After the introduction of <a href="http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted">Britain’s</a> Modern Slavery Act in 2015 some companies chose to take a <a href="https://ergonassociates.net/wp-content/uploads/2018/10/Ergon_Modern_Slavery_Progress_2018_resource.pdf?x74739">narrow</a> approach to investigating and reporting on what went on their supply chains.</p>
<p>The first step for those companies that are serious is to understand what they can see and what they cannot. </p>
<p>Companies need to drill down beyond their direct suppliers. Some will be able to easily trace the origin of their raw materials, most will not.</p>
<p>The second step is to understand risk correctly. </p>
<p>It is important to consider not only risks to the business, but also the risks the business poses to others, including its indirect employees.</p>
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Read more:
<a href="https://theconversation.com/four-corners-forced-labour-expose-shows-why-you-might-be-wearing-slave-made-clothes-115462">Four Corners’ forced labour exposé shows why you might be wearing slave-made clothes</a>
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<p>The persistence of modern slavery derives in part from purchasing practices that put extreme pressure on suppliers, such as extremely tight production windows, short-term contracts, last-minute or short-term orders and severe payment terms. </p>
<p>A global economic crisis might make them worse.</p>
<p>Finally, it is vital that companies engage and collaborate with others, including suppliers, workers and the public in order to understand how best to address these risks. </p>
<p>The next few months will provide vital clues as to whether Australian companies are really serious about addressing modern slavery, or whether they regard the Act as merely symbolic.</p>
<p>The increasingly-common mantra of aligning <a href="https://www.businessroundtable.org/business-roundtable-redefines-the-purpose-of-a-corporation-to-promote-an-economy-that-serves-all-americans">profit with purpose</a> can’t only apply in the good times.</p><img src="https://counter.theconversation.com/content/133620/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Martijn Boersma receives funding from the Australian Research Council and the Cotton Research Development Corporation.</span></em></p><p class="fine-print"><em><span>Justine Nolan has received funding from CPA Australia.</span></em></p>Workers further down supply chains are being left destitute and exposed to exploitation.Martijn Boersma, Senior lecturer, University of Technology SydneyJustine Nolan, Professor, UNSW Law, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1250152019-10-23T14:52:39Z2019-10-23T14:52:39ZFive ways to work out if a company is serious about tackling modern slavery<figure><img src="https://images.theconversation.com/files/298287/original/file-20191023-119463-1p1bglm.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Modern slavery is pervasive in global supply chains.</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/stop-violence-abused-children-1060223168">Shutterstock</a></span></figcaption></figure><p>Modern slavery exists, in large part, because of our buying habits. Because we want a bargain, businesses respond by offering low prices. To lower prices, businesses look for cheap labour, which has helped fuel the growth of international <a href="https://www.antislavery.org/slavery-today/slavery-in-global-supply-chains/">supply chains</a> where goods and services are sourced from places where, among other things, labour is cheap and labour laws are lax.</p>
<p>The complexity and extensive nature of international supply chains enable businesses and consumers to turn a blind eye to modern slavery, which is an umbrella term for forced labour, child labour, human trafficking and other forms of labour abuse. According to <a href="https://www.newsouthbooks.com.au/books/anti-modern-slavery-manifesto/">current research</a>, modern slavery is so pervasive in global supply chains that everything we own is tainted by it.</p>
<p>Increasingly, with <a href="https://theconversation.com/uk/topics/fairtrade-33958">Fairtrade</a>, <a href="https://theconversation.com/uk/topics/sustainability-300">sustainability</a>, the <a href="https://theconversation.com/four-big-lessons-from-the-uks-new-gender-pay-gap-reporting-rules-and-whats-next-for-equality-100924">gender pay gap</a> and other responsible business issues, consumers have become more aware of the knock-on effects of their spending and more selective with their choices. With the hope that the same would occur for modern slavery, the UK government has even expressly stated that <a href="https://hansard.parliament.uk/Commons/2018-10-09/debates/18100950000001/Modern-DaySlavery">consumers are part of the solution</a> to the modern slavery problem.</p>
<p>Section 54 of the <a href="http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted">Modern Slavery Act 2015</a> was meant to empower consumers to make better purchasing decisions. In effect, everyone would be enforcers of the law. By requiring modern slavery statements to be written in plain English and published on the home pages of all large businesses, the public is meant to have easy access to them. But unlike the easily identifiable Fairtrade logos, more guidance is needed. </p>
<p>Here are five quick ways to figure out where businesses stand on modern slavery, all in the time it would take to add a couple of items to your shopping cart. </p>
<h2>1. Is there a modern slavery statement on the home page?</h2>
<p>The Modern Slavery Act requires large companies operating in the UK to publish a statement on the issue. Increasingly, this is also expected of smaller companies. The first place to check for this is the home page of the company’s website, which is a good indication that they take the issue seriously.</p>
<p>Alternatively, carry out a search on the civil society-run databases, the <a href="https://www.modernslaveryregistry.org/">Modern Slavery Registry</a> or the <a href="https://tiscreport.org/">TISC Report</a>. These databases collect statements and screenshots of statements so consumers can easily access information on their favourite brands. Where the company does not have an online presence, consumers have the right under the law to request and be provided with a statement within 30 days.</p>
<h2>2. Does their statement talk about audits, not just policies?</h2>
<p>A large number of current statements focus on company policies. While this is a good starting point, policies are expectations. For example, by saying “We have zero tolerance towards modern slavery”, the company is stating an expectation rather than describing how those expectations are being met in reality. </p>
<p>This is why audits and inspections are important, especially audits that take place on the sites of their various suppliers. If a company regularly sends out people to inspect and monitor activities in other parts of the world, they are demonstrating that they care about how things operate on the ground. Many instances of modern slavery can be uncovered by these kind of on-site audits, particularly unannounced inspections. It is not a perfect solution but it goes some way towards preventing blatant abuse.</p>
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<img alt="" src="https://images.theconversation.com/files/298288/original/file-20191023-119449-12bue6d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/298288/original/file-20191023-119449-12bue6d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/298288/original/file-20191023-119449-12bue6d.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/298288/original/file-20191023-119449-12bue6d.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/298288/original/file-20191023-119449-12bue6d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/298288/original/file-20191023-119449-12bue6d.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/298288/original/file-20191023-119449-12bue6d.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Companies that are serious about tacking modern slavery audit their supply chains.</span>
<span class="attribution"><span class="source">CatwalkPhotos / Shutterstock.com</span></span>
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<h2>3. Are company directors involved?</h2>
<p>A modern slavery statement must be signed by a director of the company. The legislation clearly states this. This is to ensure that modern slavery is on the agenda in boardrooms where senior managers are motivated to take meaningful action. It also means directors can be liable if the statements are not verifiable and accurate. </p>
<p>You should be able to check the names of directors against the firm’s <a href="https://beta.companieshouse.gov.uk/?_ga=2.267470606.1221843863.1566489511-24976427.1552920947">Companies House register</a>.</p>
<h2>4. Does it tell you about the risks?</h2>
<p>When statements declare “We are not at risk of modern slavery”, this is usually an indication that the business has done nothing to prevent modern slavery at all. Remember, modern slavery is a pervasive feature of the global economic system, so it is more than likely that modern slavery will exist somewhere in a company’s supply chain. </p>
<p>The purpose of a statement is to describe the process for identifying risks and outline what those risks are. Which products? Where are they made? Those are the key things you should be looking for.</p>
<h2>5. Do employees and contractors receive training?</h2>
<p>If a business has a long-term training plan for both employees and contractors, this means it acknowledges that its obligation to eradicate modern slavery goes beyond its immediate workforce. Companies should admit that the work is ongoing and requires incremental development and education. This signals it accepts its responsibility to improve its efforts in tackling modern slavery and is a good indicator that the company is willing to be transparent about it.</p>
<p>With some conscious effort, consumers can push businesses towards greater responsibility and ethical behaviour. So, buy from businesses that make an effort, and if a business you buy from does not do one, or any, of the above, you can choose to ask more questions, or go elsewhere. Either way, it’s a win for ethical trade.</p><img src="https://counter.theconversation.com/content/125015/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Lisa Hsin does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Combat modern slavery by spending your money in places that take the issue seriously.Lisa Hsin, Doctoral Researcher in Socio-Legal Studies, University of OxfordLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1213502019-08-12T09:34:48Z2019-08-12T09:34:48ZHow the search for football’s next big thing is fuelling a modern-day slave trade<figure><img src="https://images.theconversation.com/files/287534/original/file-20190809-144868-hwv59j.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Beninese children play football in Bohicon.</span> <span class="attribution"><span class="source">shutterstock</span></span></figcaption></figure><p>It’s estimated that more than <a href="https://geographical.co.uk/people/development/item/2817-football-trafficking">15,000 children are trafficked</a> into Europe every year with false hopes of making it as professional footballers. In the UK alone, there are <a href="https://www.reuters.com/article/us-britain-slavery-soccer/premier-league-concerned-by-children-trafficked-to-uk-by-football-fraudsters-idUSKBN1HU1UJ">more than 2,000 minors</a> who have been trafficked to apparently play football, though the true figure is likely to be even higher.</p>
<p>Fraudulent individuals posing as football agents <a href="https://foreignpolicy.com/2018/04/20/the-scramble-for-africas-athletes-trafficking-soccer-football-messi-real-madrid-barcelona/">target young foreign players</a> and lure them abroad with false promises of trials at top European football clubs. These young boys <a href="https://theconversation.com/how-to-help-survivors-of-modern-slavery-rebuild-their-lives-73941">leave behind their friends and families</a> and spend large amounts of money on visas, passports and airfares to chase their dreams.</p>
<p>In reality, there is often no club waiting for the player abroad and they are either abandoned on arrival or subjected to <a href="https://www.mirror.co.uk/sport/football/news/kids-young-13-dreams-football-12995874">slavery, prostitution, and drug dealing</a> – some even end up as victims of <a href="https://www.bbc.co.uk/news/uk-46945352">sexual exploitation</a>.</p>
<p>This is <a href="https://theconversation.com/how-trafficked-children-are-being-hidden-behind-a-focus-on-modern-slavery-87116">human trafficking</a>, but it isn’t the only way <a href="https://www.theguardian.com/global-development/2018/may/16/football-broken-dreams-african-teenagers-sold-premier-league-lie-nepal">trafficking happens in football</a>. A more “legitimate” way it occurs is when an agent signs a player to a club but controls the player’s mobility, and makes money from an exploitative contract. The contracts are binding and difficult to escape from, as they <a href="https://www.independent.co.uk/news/world/europe/inquiry-into-slave-trade-in-african-footballers-622877.html">divert large proportions of a player’s earnings</a> to the agent.</p>
<h2>The hunt for talent</h2>
<p>The <a href="http://www.europarl.europa.eu/doceo/document/E-8-2019-000535_EN.html">majority of the victims come from Africa and South-America</a> and <a href="https://theconversation.com/real-and-atletico-madrid-transfer-bans-wont-halt-trafficking-of-young-players-in-football-53477">academics have noted</a> how several EU clubs (often through unscrupulous agents) <a href="https://heinonline.org/HOL/Page?handle=hein.journals/indjil5&div=47&g_sent=1&casa_token=&collection=journals">traffic and employ</a> African minors, <a href="https://www.independent.co.uk/sport/football/news-and-comment/victims-or-fraudsters-the-world-of-football-trafficking-a6783421.html">paying them a pittance</a> to play professionally.</p>
<p>My ongoing PhD research focuses on the trafficking of West African football minors due to their increased vulnerability caused by a lack of employment, and their hopes of achieving financial success through football. The players from the region are themselves in high demand because of their “<a href="https://www.bbc.co.uk/blogs/piersedwards/2010/11/why_does_the_west_dominate_afr.html">superior genetics, environmental moulding, and mentality</a>”, according to a sports scientist. But the football landscape offers limited protection against their continued exploitation.</p>
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Read more:
<a href="https://theconversation.com/young-athletes-hope-of-success-is-nourished-by-neoliberalism-and-religion-106833">Young athletes’ hope of success is nourished by neoliberalism and religion</a>
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<p>Back <a href="https://ec.europa.eu/assets/eac/sport/library/studies/study-sports-agents-in-eu.pdf">in 2009 a study by the European Commission</a> described how the increased use of the African and South-American transfer markets had created something of a “modern-day slave trade”. This was due to the recruitment strategies used by EU clubs that allowed <a href="https://theconversation.com/what-the-next-fifa-president-could-do-to-tackle-child-trafficking-in-football-52016">unscrupulous “agents” to repeatedly exploit footballers</a>, as they have continued to do so – even <a href="https://www.aljazeera.com/indepth/features/russian-dead-scammed-nigerian-footballers-190526202328312.html">during the 2018 FIFA World Cup</a>.</p>
<h2>Why it happens</h2>
<p>This situation has been allowed to develop as a result of the European Court of Justice’s decision in <a href="https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:61993CJ0415&from=EN">a 1995 legal case</a>. The case led to new football rules which abolished the payment of transfer fees for EU nationals playing within the EU and moving to another EU team on expiration of their employment contract. The rules changed because the previous regulations were considered to be restrictive on the freedom of movement rights for EU citizens. </p>
<p>For several EU clubs, this change resulted in a loss in income from the transfer fees they would previously receive for out-of-contract players, who were now allowed to move to other EU clubs freely. Clubs then began to view the transfer market as the best means to recoup their investments on players. Especially if they were able to purchase players at a discounted rate and sell them on for profit, before the player’s contract expires.</p>
<p>The changed rules contributed to the <a href="https://medium.com/football-applied/explaining-the-recent-surge-of-prices-in-the-football-transfer-market-and-what-this-means-cf5fa1398ccc">increase of transfer fees</a> for players who are still under contract. This increase meant that the EU clubs had two options to achieve long-term profits. They could implement a more advanced youth and grassroots programme to develop talented players to join their first team. Or they could obtain new talent from clubs outside the EU with lesser economic resources than them – <a href="https://www.cies-uni.org/sites/default/files/international_transfers_of_minors.pdf">most chose the latter</a>.</p>
<h2>The (un)equal treatment</h2>
<p>Another issue in all of this is the continued exploitation caused by a gap in regulation. When a club is transferring an EU minor, there are added regulatory obligations regarding football education, academic provisions, and living standards. These are imposed on the purchasing team, and are in line with <a href="https://resources.fifa.com/image/upload/regulations-on-the-status-and-transfer-of-players-2018-2925437.pdf?cloudid=c83ynehmkp62h5vgwg9g">FIFA’s Regulations on the Status and Transfer of Players</a>.</p>
<p>These obligations educate the player and create an awareness which prevents their possible exploitation. They also act as a “plan b” which provides an alternative career for the EU minor if unsuccessful as a professional footballer. But FIFA’s regulations do not impose similar obligations on clubs when transferring an African or other foreign minor.</p>
<p>This regulatory gap allows clubs and unscrupulous agents to treat African minors with no long-term regard for their well-being or protection from dangerous and <a href="https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007DC0391&from=EN">exploitative situations in a foreign country</a>.</p>
<h2>Closing the gap</h2>
<p>Clubs are complicit in football trafficking when they do not <a href="https://www.independent.co.uk/sport/football/news-and-comment/football-chiefs-to-tackle-hidden-trade-in-africas-children-860504.html">query the origin of a player who comes for trials</a>, or <a href="https://theconversation.com/why-businesses-fail-to-detect-modern-slavery-at-work-82344">probe the relationship</a> between a player and an agent. </p>
<p>The UK’s <a href="http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted">Modern Slavery Act, which was established in 2015</a> sheds light on human trafficking but it is ultimately a lenient piece of regulation – as the Act allows clubs to omit regarding their players as <a href="https://www.sportcal.com/Insight/Opinion/126121">part of their supply chains</a>, but remain <a href="https://theconversation.com/we-analysed-101-companies-statements-on-modern-slavery-heres-what-we-found-95561">compliant through a statement</a>. And the Act also doesn’t require clubs to take steps <a href="https://www.appgshr.org.uk/wp-content/uploads/2019/07/Ini-Obong-Nkang_APPG-submission-on-Mordern-Slavery_Final.pdf">to prevent the recruitment of potentially trafficked players</a>, or those who are victims of forced labour.</p>
<p><a href="https://www.sociologylens.net/topics/culture/football-peace-trafficking/24508">My research</a> looks at a more holistic approach to tackling football trafficking. Measures should include aims to improve the standard of African leagues – making players less susceptible to the ploys of unscrupulous agents. And there also needs to be better safeguards for minors outside the EU. Both of these approaches will help football to be used as a tool for development of African communities – and will inhibit the frequently employed avenues utilised by unscrupulous agents to exploit vulnerable minors.</p><img src="https://counter.theconversation.com/content/121350/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Ini-Obong Nkang does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The real cost of footballs transfer markets: how fake agents traffic African boys with dreams of playing in Europe’s biggest leagues.Ini-Obong Nkang, Doctoral Researcher in Sports Law, Nottingham Trent UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1154622019-07-15T19:43:29Z2019-07-15T19:43:29ZFour Corners’ forced labour exposé shows why you might be wearing slave-made clothes<figure><img src="https://images.theconversation.com/files/284050/original/file-20190715-173347-1luw1k0.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Target, Cotton On, Jeanswest, Dangerfield, IKEA and H&M are among the brands in Australia sourcing cotton from Xinjiang.</span> <span class="attribution"><span class="source">www.shutterstock.com</span></span></figcaption></figure><p>With China’s western-most province of Xinjiang being turned into a <a href="https://www.amnesty.org/en/latest/news/2018/09/china-up-to-one-million-detained/">mass internment camp</a>, the <a href="https://www.abc.net.au/4corners/tell-the-world/11300420">ABC Four Corners</a> program has reported on the Chinese Communist Party’s alleged plans to put up to a million detained Uyghurs to work. </p>
<p>The exposé highlights how global supply chains make it possible for the clothes you’re wearing, and many other things you own, to have been made using slavery. </p>
<p>The program featured the cases of several women who say they have been forced to work in textile factories. According to China scholar Adrian Zenz, <a href="https://www.abc.net.au/news/2019-07-15/uyghur-forced-labour-xinjiang-china/11298750">government documents reveal plans</a> for “re-education” through labour. Satellite photos show what look like large warehouses close to detention camps.</p>
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Read more:
<a href="https://theconversation.com/explainer-who-are-the-uyghurs-and-why-is-the-chinese-government-detaining-them-111843">Explainer: who are the Uyghurs and why is the Chinese government detaining them?</a>
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<p>Target, Cotton On, Jeanswest, Dangerfield, IKEA and H&M are among the brands in Australia sourcing cotton from Xinjiang, according to Four Corners. In response to questions from the ABC, Target and Cotton On declared they would investigate their relationships with suppliers. </p>
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<img alt="" src="https://images.theconversation.com/files/284044/original/file-20190715-173355-1tw9yyv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/284044/original/file-20190715-173355-1tw9yyv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/284044/original/file-20190715-173355-1tw9yyv.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/284044/original/file-20190715-173355-1tw9yyv.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/284044/original/file-20190715-173355-1tw9yyv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/284044/original/file-20190715-173355-1tw9yyv.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/284044/original/file-20190715-173355-1tw9yyv.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Activists protest the treatment of Uyghur Muslims outside the headquarters of the European Union, in Brussels, in February 2019.</span>
<span class="attribution"><span class="source">Alexandros Michailidis/Shutterstock</span></span>
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<h2>Modern slavery: a snapshot</h2>
<p>For many of us it is hard to believe modern slavery is now more prevalent than at any time in history. </p>
<p>But the ubiquity and lack of accountability in global supply chains mean an <a href="https://www.antislavery.org/slavery-today/modern-slavery/">estimated 25 million people</a> around the world are in forced labour. A further 15 million are in forced marriage. </p>
<p>About <a href="https://www.globalslaveryindex.org/2018/findings/regional-analysis/asia-and-the-pacific/">two-thirds</a> of the total number of people in modern slavery are in the Asia-Pacific region, where most Australian companies source their materials and products.</p>
<p>The problem is so widespread it’s unlikely any companies’ operations or supply chains are completely free of modern slavery. </p>
<p>Yet many businesses are unaware of what modern slavery is and what it might look like in their operations and supply chains. And some companies – and their customers – may be complicit in creating a “race to bottom” by demanding cheaper goods and services without checks on social (and environmental) credentials. </p>
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<img alt="" src="https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=338&fit=crop&dpr=1 600w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=338&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=338&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=424&fit=crop&dpr=1 754w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=424&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/280364/original/file-20190620-171245-e3plk0.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=424&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="attribution"><span class="source">Anti-Slavery Australia</span></span>
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<h2>Australia’s legal reforms</h2>
<p>This problem was recognised with Australia passing modern slavery legislation last year. The <a href="https://www.legislation.gov.au/Details/C2018A00153">Modern Slavery Act 2018</a> requires businesses of a certain size to report their efforts to keep their supply chains slavery-free. The requirements came into effect this month.</p>
<p>Modelled on the UK Modern Slavery Act 2015, Australia’s law requires businesses with a consolidated annual revenue of more than $100 million a year to publish an annual modern slavery statement. </p>
<p>The statement must address seven mandatory criteria (including risks in the business’ operations and supply chains and the actions taken to address those risks).</p>
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Read more:
<a href="https://theconversation.com/at-last-australia-has-a-modern-slavery-act-heres-what-youll-need-to-know-107885">At last, Australia has a Modern Slavery Act. Here's what you'll need to know</a>
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<p>The government has the power to publicly name those that fail to comply, but not to fine or penalise them in other ways. It is hoped fear of shaming will be enough incentive to avoid the reputational, financial and other risks that might arise from public scrutiny. </p>
<p>Without penalties, civil, shareholder and consumer activism will be crucial to motivate businesses. </p>
<p>If nothing else, as shoppers we can become better informed about the risks in business supply chains and challenge companies and governments to do better through social media and other avenues. Each purchase of a good or service can be an ethical choice. </p>
<h2>More to be done</h2>
<p>In the end, the Australian modern slavery legislation is about ensuring businesses do their part to ensure the food, clothes and electronics we buy have not been made using modern slavery.</p>
<p>Drawing on Anti-Slavery Australia’s legal casework experience with survivors of modern slavery, we also know victims aren’t just overseas. An estimated 1,500 people in Australia are victims of modern slavery. They are often migrants, who fear coming forward and are intimidated by the legal system. </p>
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Read more:
<a href="https://theconversation.com/human-trafficking-and-slavery-still-happen-in-australia-this-comic-explains-how-112294">Human trafficking and slavery still happen in Australia. This comic explains how</a>
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<p>We continue to advocate for <a href="http://www.antislavery.org.au/images/pdf/Publications/2017%20-%20Submission%20to%20the%20JSCFAT%20on%20the%20Modern%20Slavery%20Act%20Inquiry.pdf">further improvements</a> of the Modern Slavery Act, including for penalties and independent oversight. </p>
<p>NSW has its own legislation that’s about to go under review and it includes an independent Anti-Slavery Commissioner and penalties for up to A$1.1 million for failing to comply or making false or misleading statements. These would be welcome additions to the federal regime, along with more support for survivors, and better monitoring and data collection.</p>
<p>We’ve taken a step in the right direction, but as the ABC Four Corners’ exposé indicates, there is much more to be done.</p>
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<p><em>Anti-Slavery Australia, based at the University of Technology Sydney, is Australia’s only specialist legal research and policy centre focused on the abolition of modern slavery in all its forms. For more information or confidential legal advice, contact <a href="http://www.antislavery.org.au/">www.antislavery.org.au</a>. For information and advice on forced marriage, see <a href="http://www.mybluesky.org.au">www.mybluesky.org.au</a>.</em></p><img src="https://counter.theconversation.com/content/115462/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Yvette Selim is the Interim Deputy Director at Anti-Slavery Australia. </span></em></p>The prospect of China using forced labour to supply foreign companies highlights the importance of modern slavery laws.Yvette Selim, Senior Research Associate, Institute for Public Policy and Governance, University of Technology SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1122582019-07-11T11:26:01Z2019-07-11T11:26:01ZModern Slavery Act is having unintended consequences for women’s freedom in Sri Lanka<figure><img src="https://images.theconversation.com/files/278503/original/file-20190607-52780-sqgpem.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>The Modern Slavery Act was seen as a big achievement for combating the issue of forced labour. But since it was passed by the UK government in 2015, many have <a href="http://blog.policy.manchester.ac.uk/growth_inclusion/2018/06/uk-modern-slavery-policy-the-structure-of-the-problem-and-government-commitment/">pointed out its shortcomings</a>. In particular, how the legislation helps cover up serious forced labour issues, all the while making citizens who are concerned about the problem feel better. </p>
<p>Less well known is how Article 54 of the act, which assigns British companies the responsibility to clean up their global supply chains, hurts factory workers in developing countries. I’ve witnessed how British companies outsource this responsibility to local factory managers in Sri Lanka. </p>
<p>These local managers feel tremendous pressure to monitor their workforce, even beyond the shop floor, for fear of losing their contracts. And this leads to an excessive amount of surveillance, with devastating consequences for factory workers, most of whom are female.</p>
<p>The Modern Slavery Act was passed after years of pressure from anti-trafficking organisations, which promoted global laws that hold all commercial actors jointly accountable for forced labour. Article 54 of the act requires UK companies to prepare slavery and human trafficking statements that account for their supply chains. Besides protecting vulnerable workers, these statements are also geared toward enhancing their reputations and improving investor confidence.</p>
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<img alt="" src="https://images.theconversation.com/files/283674/original/file-20190711-173347-1es9t3s.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/283674/original/file-20190711-173347-1es9t3s.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/283674/original/file-20190711-173347-1es9t3s.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/283674/original/file-20190711-173347-1es9t3s.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/283674/original/file-20190711-173347-1es9t3s.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/283674/original/file-20190711-173347-1es9t3s.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/283674/original/file-20190711-173347-1es9t3s.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Legislation in the UK emerged from anti-slavery campaigns.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/london-uk-15th-october-2016-editorial-499766284?src=vBvNkwMo405w22ux4_ubLQ-2-12&studio=1">John Gomez / Shutterstock.com</a></span>
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<p>But by recommending universal policies, the Modern Slavery Act fails to take into account how local suppliers around the world respond to it, even though the law effectively transfers to them the responsibility to keep the workforce free from modern slavery. It has led to a climate of suspicion and fear that exacerbates the already difficult lives of their workforce.</p>
<p>I spent two summers speaking about the Modern Slavery Act to female factory workers in Sri Lanka’s free trade zones, which are industrial areas with a number of garment factories that supply many foreign companies. I found there is intense pressure on local managers to clean up their assembly lines in such a way that the western companies which hire them could not be accused of modern slavery. The pressure to appear “clean” results in an unhealthy working environment. </p>
<p>It also limits women’s freedom in a number of ways. For instance, a number of women I spoke to engaged in part-time sex work to make extra money outside of their factory jobs. This work was of their own choosing – and very different to the sexual trafficking or exploitation that the Modern Slavery Act is also designed to stop. But local managers feared it would be seen by Western auditors as exploitation and threaten their contracts. As one factory manager told me: “If we do not fire part-time sex workers, our factories can get blacklisted, and our orders will be cancelled.” </p>
<h2>Surveillance and suspicion</h2>
<p>Some international companies also have whistleblower policies which put the onus on workers to report any concerns they have about colleagues being exploited. It’s meant to be for their protection, but increases the environment of suspicion and surveillance in factories.</p>
<p>While there is nothing in the Modern Slavery Act that says workers must behave a certain way outside the factory premises, managers are consumed with anxiety over being accused of aiding and abetting sexual slavery. </p>
<p>Many factory workers told me how factory compliance officers asked them to stop doing any part-time work, including sex work, as soon as possible. They were also told to report on colleagues. </p>
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<img alt="" src="https://images.theconversation.com/files/283672/original/file-20190711-173351-1dxd4mh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/283672/original/file-20190711-173351-1dxd4mh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/283672/original/file-20190711-173351-1dxd4mh.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/283672/original/file-20190711-173351-1dxd4mh.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/283672/original/file-20190711-173351-1dxd4mh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/283672/original/file-20190711-173351-1dxd4mh.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/283672/original/file-20190711-173351-1dxd4mh.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Women workers in Sri Lanka are experiencing unintended consequences of the legislation.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/womans-hand-grabs-fence-concept-imprisonment-411771103?src=vBvNkwMo405w22ux4_ubLQ-1-2&studio=1">Shutterstock</a></span>
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<p>One worker speculated that the sudden firing of a colleague had something to do with the new policies that came into place after the Modern Slavery Act. While nobody had actually accused her of sex work, there were rumours that she engaged in casual sex with various boyfriends. Considering the <a href="https://www.routledge.com/Sri-Lankas-Global-Factory-Workers-Un-Disciplined-Desires-and-Sexual/Hewamanne/p/book/9780415819862">cultural context of Sri Lanka</a>, where this behaviour is heavily frowned upon and even equated with prostitution at times, it can be seen as the misapplication of the Modern Slavery Act at the local level, resulting in an even more stressful work culture. </p>
<p>It’s not the first instance where international attempts to stop human trafficking has complicated things for the local workforce. In Congo, the efforts to halt child labour associated with cobalt mining led to thousands of legitimate adult jobs being lost <a href="https://africasacountry.com/2018/09/cobalt-isnt-a-conflict-mineral">and much socioeconomic upheaval</a> due to blanket policies being put in place, which pay little attention to local issues at play.</p>
<h2>Precarious pay</h2>
<p>The workers I spoke to who engage in part-time sex work told me that they do so because their factory pay is not enough. Many women are hoping to earn enough to buy a small plot of land to achieve financial independence. </p>
<p>So a better remedy to stop women from sex work might be to pay them a meaningful living wage. Instead, the Modern Slavery Act’s emphasis on clean supply chains is making women’s livelihoods more precarious. Perhaps if the act emphasised better pay for workers in global supply chains the outcome might be different. But the bottom line is, it must encourage better engagement with the local workforce.</p>
<p>The act was imposed in Sri Lanka without consulting global factory workers and now threatens a space that previously allowed women a path to economic empowerment. The conflation of sex trafficking with sex work assumes the majority of women in developing countries are victims that lack their own agency. But, for many of the women I spoke to, sex work was their own choice. </p>
<p>More disturbingly, intentionally or not, Article 54 makes global factory managers responsible for the leisure activities of their workers and, by extension, their moral conduct. Rather than requiring UK companies to ensure a living wage and help the education and economic empowerment of their supply chain workforce, the Modern Slavery Act punishes them.</p><img src="https://counter.theconversation.com/content/112258/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sandya Hewamanne received funding from ESRC and British Academy. </span></em></p>Rather than requiring companies to ensure a living wage for their global supply chain workforce, the Modern Slavery Act ends up punishing them.Sandya Hewamanne, Senior Lecturer in Sociology, University of EssexLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1137782019-04-08T09:59:34Z2019-04-08T09:59:34ZHow UK asylum system creates perfect conditions for modern slavery and exploitation to thrive<figure><img src="https://images.theconversation.com/files/267384/original/file-20190403-177196-157t9sw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">shutterstock</span></span></figcaption></figure><p>For asylum seekers, trying to find work in another country is very difficult. Not only is there often a language barrier and reams of paperwork, but there is also the fact that government systems <a href="https://discoversociety.org/2013/11/05/586/">can</a> <a href="http://eprints.whiterose.ac.uk/75949/1/Precarious_Lives_Main_Report_2-7-13.pdf">encourage</a> <a href="https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/on-freedom-and-immobility-how-states-create-vulne/">exploitation</a>. </p>
<p>Asylum seekers in the UK receive <a href="https://www.gov.uk/asylum-support/what-youll-get">£37.75</a> a week to live on, and most are prohibited from working. But this small amount of money often fails to allow people to meet their <a href="https://precariouslives.files.wordpress.com/2013/07/precarious_lives_main_report_2-7-13.pdf">basic needs</a>. This leads some to search for work to supplement their income. But herein lies the problem, as the only people willing to employ them are those happy to do so illegally. This leaves asylum seekers with no bargaining power to negotiate reasonable pay or working conditions. </p>
<p>Yet the risk of exploitation does not end with a positive asylum decision. Refugees are often dispersed out of London and the south-east to other areas in the UK. The areas of dispersal are determined by the availability of temporary housing. In many cases, this is concentrated <a href="http://www.qub.ac.uk/Research/GRI/mitchell-institute/FileStore/Filetoupload,820233,en.pdf">around areas of economic deprivation</a>. </p>
<p>This risk is exacerbated by the delays in <a href="https://www.refugeecouncil.org.uk/assets/0003/7935/England_s_Forgotten_Refugees_final.pdf">receiving important documents</a> commonly experienced by refugees. And when government support ends but their national insurance numbers have not yet arrived, refugees are vulnerable. They have no income and no way to access welfare or legitimate work. This leaves them with little choice but to seek work with people willing to employ them illegally. </p>
<h2>Modern slavery</h2>
<p>Prime minister Theresa May has vowed to help rid the world of the “<a href="https://www.bbc.co.uk/news/uk-36934853">barbaric evil</a> of modern slavery”. And the adoption of the <a href="http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted">Modern Slavery Act in 2015</a> was applauded by many. It helped to position the UK as a global leader in this field. </p>
<p>Under the <a href="http://www.legislation.gov.uk/ukpga/2015/30/section/1/enacted">Modern Slavery Act</a>, a person commits an offence if they hold someone in slavery or servitude, or require them to perform forced or compulsory labour. The person must also know, or ought to know, that they are doing so.</p>
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<span class="caption">Labour exploitation can occur anywhere.</span>
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<p>But a key flaw of this phrasing is that it rests all the blame at the feet of the perpetrator. This overlooks the exploitative environments that allow such an offence to take place. These environments are, ironically, commonly generated by the government, such as <a href="https://www.telegraph.co.uk/politics/2019/03/25/banning-asylum-seekers-working-morally-economically-unjustifiable/">banning asylum seekers from working</a> and <a href="https://www.theguardian.com/lifeandstyle/2019/jan/15/when-escaping-an-abusive-employer-is-a-the-trap-britain-sets-for-filipino-domestic-workers">tying overseas domestic workers to their employers</a>. </p>
<p>In this way, global capitalist pressures on labour markets and the search for cheaper alternative workers can lead to slavery. Since the late 1980s, transnational companies have shifted production to places where labour and inputs are cheapest – often due to a <a href="https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/harsh-labour-bedrock-of-global-capitalism">lack of unionisation</a>. But the Modern Slavery Act fails to recognise this. Instead, it insists on defining modern slavery as a crime – a relationship between just the victim and the perpetrator.</p>
<h2>Nationalism and modern slavery</h2>
<p>May describes modern slavery as “<a href="https://lens.monash.edu/2018/12/06/1366783/australias-modern-slavery-act-an-explainer">the greatest human rights challenge of our time</a>”. She has encouraged other Commonwealth states to adopt legislation reflecting the Act. This stance links to notions of empire, with the British government seeking to reassert its position as a global power through morally laden legislation such as the Modern Slavery Act. At the same time, it seems to gloss over its own “<a href="http://theconversation.com/hostile-environment-the-uk-governments-draconian-immigration-policy-explained-95460">hostile environment</a>” anti-migration immigration policy.</p>
<p>This undercurrent of <a href="https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/britons-never-will-be-slaves-rise-of-nationalism-and-modern-slavery/">nationalism</a> influences how people are identified as victims. Newspaper stories emphasise <a href="https://www.thesun.co.uk/news/6385180/british-bar-touts-magaluf-wages-passports-seized-foreign-office-warning">the exceptionality of British victims</a> – such as “<a href="https://www.independent.co.uk/news/uk/crime/modern-slavery-uk-british-children-sexual-labour-exploitation-5000-record-nca-a8271331.html">British children forced into modern slavery</a>” – but often overlook migrant victims of slavery. </p>
<p>But the Act also continues to overlook how government policies contribute to environments that allow exploitation to exist. This is a fundamental weakness and the Act should provide avenues to strengthen <a href="https://www.antislaverycommissioner.co.uk/media/1071/ciob_modern_day_slavery_web.pdf">bargaining power and imbalances of labour instead</a>. </p>
<h2>Woven into society</h2>
<p>So although the government claims that it “<a href="https://www.telegraph.co.uk/news/2016/07/30/we-will-lead-the-way-in-defeating-modern-slavery">will lead the way in defeating modern slavery</a>” it is actually generating environments that encourage exploitation. The government’s stubborn position towards migrant domestic workers, for example, prevents them from accessing their rights. They are restricted in changing employers – and a recent case saw a number of migrants questioned over their immigration status as they <a href="https://twitter.com/ATLEUnit/status/1100397912771751936">attended Union meetings</a>. </p>
<p>The <a href="https://www.labourexploitation.org/sites/default/files/publications/FLEX_Briefing_DisposableWorkers_Final.pdf">two temporary migration programmes</a> suggested for post-Brexit Britain, in agriculture and horticulture, will exacerbate this – as the concerns of businesses continue to trump those of the migrant workers.</p>
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Read more:
<a href="https://theconversation.com/how-the-idea-of-modern-slavery-is-used-as-political-click-bait-84877">How the idea of 'modern slavery' is used as political click bait</a>
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<p>In this way, the Act works as a smokescreen. It is employed almost as an avoidance strategy – a method to escape confronting the processes through which exploitation has been <a href="https://www.theguardian.com/commentisfree/2018/apr/02/modern-slavery-daily-life-exploitation-goods-services">woven into the very fabric of society</a>.</p>
<p>This demonstrates the government’s superficial commitment to eradicating the “<a href="https://theconversation.com/how-the-idea-of-modern-slavery-is-used-as-political-click-bait-84877">scourge of modern slavery</a>”. And illustrates how the overwhelming focus on criminalisation turns attention away from the role the government plays in exploitation. If the government is to move beyond a cursory moral battle, it must acknowledge and seek to redress this.</p><img src="https://counter.theconversation.com/content/113778/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alicia Kidd is affiliated with The Humber Modern Slavery Partnership.</span></em></p><p class="fine-print"><em><span>Elizabeth A Faulkner receives funding from Modern Law Review for a forthcoming academic conference </span></em></p><p class="fine-print"><em><span>Lorena Arocha receives funding from Research England</span></em></p>Global capitalist pressures on labour markets and the search for cheaper workers can lead to slavery.Alicia Heys, Postdoctoral Researcher of 'Modern Slavery' and human trafficking, University of HullElizabeth A Faulkner, Lecturer in Contemporary Slavery (Law), University of HullLorena Arocha, Lecturer in contemporary slavery - The Wilberforce Institute, University of HullLicensed as Creative Commons – attribution, no derivatives.