A United Nations Special Rapporteur on modern slavery has handed down dozens of recommendations for the Australian Government to stamp out worker abuse locally and in company supply chains.
The Special Rapporteur, Tomoya Obokata, visited Australia in late November last year and spent the last several months compiling a 20-page report covering his analysis and recommendations to the government.
Several recommendations impact businesses, with Obokata calling on the Australian Government to urgently implement the recommendations it accepted in the McMillan report around the Modern Slavery Act, including consulting on introducing penalties for non-compliance and false reporting, and declarations of high-risk regions, industries, products, suppliers and supply chains.
Obokata is also calling on the government to prioritise further consideration around establishing a mandatory human rights due diligence system and lowering the reporting threshold to entities with $50 million in revenue. Currently, the Modern Slavery Act only affects companies that earn more than $100 million in annual revenue.
The Special Rapporteur also called for expanding the Modern Slavery Act framework to integrate mandatory human rights due diligence legislation aligned with the ‘Guiding Principles on Business and Human Rights’, and developing sector-specific human rights guidelines and embedding the human rights criteria into national product certification standards.
Obokata is also calling for tightened trade measures, including import bans on goods made with forced or child labour, and boosting transparency with public access to customs data; strengthening international cooperation to share expertise and enforce bans; funding and empowering the Anti-Slavery Commissioner to lead efforts, from victim support to business engagement; and ensuring rules don’t block collaboration on supply chain transparency and human rights, with clearer ACCC guidance.
“The [Australian] Government has made significant progress over the years to prevent and combat contemporary forms of slavery, through the adoption of the Modern Slavery Act 2018, the appointment of the Australian Anti-Slavery Commissioner, the creation of the Survivor Advisory Council and other important legislative and policy measures,” the final report read.
“The Special Rapporteur commends the Government for its ongoing efforts nationally and internationally, its constructive collaboration during the visit and its open acknowledgement of the remaining challenges. Australia can serve as an example for other countries to follow.”
At the same time, despite many positive steps taken by the Government, the Special Rapporteur added that he witnessed some important gaps and challenges that need to be addressed sufficiently.
“Those range from the need to strengthen criminal law provisions, human rights due diligence among Australian businesses and their supply chains, and culturally appropriate, trauma-informed protection and assistance to victims of contemporary forms of slavery, to widening the scope of protection to those particularly vulnerable to labour, sexual and criminal exploitation in the country without discrimination, such as migrant workers, asylum-seekers, refugees, persons with disabilities, Aboriginal and Torres Strait Islander peoples and those engaged in sex work.”
The 20-page report also spotlighted Ethical Clothing Australia, among other groups, that are helping to stamp out modern slavery, with Obokata recommending an increase in investment in these organisations.
ECA national manager Rachel Reilly said she and her team were grateful for the opportunity to meet with Professor Obokata and his team during their visit late last year and brief him alongside the Textile, Clothing and Footwear (TCF) Union and outworkers from the local industry.
“We were able to show him the practical and real-world impact of our accreditation program, which certifies TCF businesses, ensuring their compliance with relevant Australian workplace laws and, in doing so, preventing and protecting workers from exploitation,” Reilly said.
Reilly added that Australia has taken the important step of appointing an Australian Anti-Slavery Commissioner, Chris Evans, and is eagerly awaiting the release of his first strategic plan.
“This is a critical area for investment if we want to see genuine change both here in Australia and globally that prevents modern slavery taking place,” Reilly said.
“Governments and consumers want to purchase from businesses that are doing the right thing from an ethical perspective, but without proper due diligence practices from an accreditation body such as Ethical Clothing Australia, blue washing - where companies falsely claim ethical standards – can start seeping in.
“We need to see businesses evolving from reviewing and understanding risks to proactively preventing exploitation from happening in the first place.”