Australia requests feedback on its modern slavery legislation
Australia’s Modern Slavery Act comes under review, a UN expert offers a rare critique of China’s human rights practices, and the U.S. and Dominican Republic partner to improve sugar sector labour conditions.
The Australian Government has published an Issues Paper for public consultation, as part of the first review of the country’s Modern Slavery Act. It is seeking the views of business, civil society, government agencies and other stakeholders on the operation of the Act during its first three years.
The objective of the review, which is due for completion in March 2023, is to understand the Act’s effectiveness and whether additional measures are necessary to improve compliance. Australia’s anti-modern slavery law came into force in 2019 and places the onus on large entities – government and private – to scrutinize their own business operations for any modern slavery risk within their domestic or global operations or supply chains. They must report annually on their efforts, with the reports placed on a public register in a bid to increase business awareness, transparency and support for anti-slavery measures.
The review aims to be open and consultative, and the Issues Paper facilitates this by inviting written submissions on the topics to be considered. The paper examines and requests comment on specific features of the Act mentioned in the review’s terms of reference, i.e. the reporting entity threshold, reporting periods and deadlines, mandatory reporting criteria, enforcement mechanisms, and the option of establishing an independent Anti-Slavery Commissioner to oversee implementation and enforcement of the Act.
The paper notes that many positive steps have been taken since the Act came into force in 2019: the online Modern Slavery Statements Register has been established; there is frequent dialogue between stakeholders including government, the business community and civil society groups about the Act’s requirements; several research projects have been undertaken by NGOs into the adequacy of reporting under the Act; and activities have been integrated with other Commonwealth programs that aim to combat modern slavery and support those at risk, both domestically and abroad.
The document also looks in detail at reporting requirements such as the reporting threshold – currently entities with an annual consolidated revenue of at least AU$100 million must report on their actions to mitigate the risk of modern slavery within their operations and supply chain – and whether companies with lower revenue should also be required to produce a report. It further asks questions relating to compliance and enforcement options, such as whether government administrative action has been effective in fostering a positive reporting and compliance ethic, if additional enforcement measures are required, and whether the Act should impose civil penalties or sanctions for failure to comply with reporting requirements.
In regard to compliance with the Act, the paper notes that independent studies have generally been critical on this subject and have noted a wide divergence among statements in formal compliance and in the quality of reporting. A central theme in all studies is that a majority of statements give inadequate explanation or detail of how activities that identify and respond to modern slavery risks have been undertaken. There was also a call in some studies for modern slavery statement reporting to be explicitly linked to proactive steps to combat modern slavery risks.
The option of establishing an independent Anti-Slavery Commissioner (or similar body) to oversee implementation and enforcement of the Act is another topic for review, with a focus on the breadth of the role rather than specific functions. Should its remit be relatively narrow and limited to monitoring and reporting on the operation of the Act’s requirements, or should it also include assessment and enforcement functions, or the imposition of penalties?
The review invites written submissions and comments in response to the paper with a deadline of 22 November – a link to the consultation questions can be found in the “Have Your Say” section of the document. This will be supplemented by targeted consultations, in and outside government, and a survey of entities reporting under the Act, with a report tabled in Australia’s parliament at the end of the 12-month review period.
Here’s a round-up of other noteworthy news and initiatives:
Tomoya Obokata, the UN’s special rapporteur on contemporary forms of slavery, reported to the Human Rights Council last Tuesday that there is sufficient evidence to indicate forced labour in the Uyghur Region of China, in one of the clearest critiques of China’s human rights practices from within the world body.
In the past few weeks, a U.S. Congressional delegation has visited the Dominican Republic, and the two countries have established a Technical Working Group to Improve Labor Law Enforcement in the Dominican Sugar Sector. Advocates hope this renewed focus will lead to real change in the industry, and urge U.S. Customs and Border Protection to issue a Withhold Release Order in the near future to further pressure agro-industrial company Central Romana to end its exploitative practices.
The body of a 16-year-old boy, who was part of a group of 42 people escaping from a Cambodian casino, has been found in a river in southern Vietnam’s An Giang Province. Police said an ongoing investigation aimed to break potential human trafficking rings involved in the case. Other escapees said more than 2,000 Vietnamese were brought to Cambodia to work illegally in casinos.
In this recent article, a survivor speaks about his harrowing experience of sex trafficking in the U.S., his uncertain road to recovery, and his mission to save others from the predatory trap that ensnared him.
Refugees and human trafficking survivors in Britain are being forced to choose between the purchase of food or buying data to access an official digital identity-check system for migrants, charities have said, warning the scheme is putting vulnerable people at risk.
The Human Trafficking and Migrant Smuggling Section of UNODC HQ in Vienna has posted a new vacancy for internships with an application deadline of 4 September. The internships are for a duration of three to six months, ideally starting in October 2022.
The OSCE Office for Democratic Institutions and Human Rights (ODIHR) is calling for applications to join its International Survivors of Trafficking Advisory Council (ISTAC). The purpose of ISTAC is to assist ODIHR in its anti-trafficking work; members are appointed for a term of two years and may be eligible for reappointment for up to two consecutive terms, for a maximum of six years.
HEAL (Health, Education, Advocacy, Linkage) will host an international Train the Trainer Academy virtual workshop on 1-2 October, to equip public health and healthcare educators with the knowledge and skills to train health professionals to respond to human trafficking. A free informational webinar takes place tomorrow (24 August) at 12pm EST, featuring the course directors and a panel of Academy alumni.
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