Will the Modern Slavery Act be effective in disrupting slave labour?

Part XIII of the Treaty of Versailles was the outcome of the Commission's work, becoming the founding text of the ILO, with the Preamble to Part XIII of the Treaty of Versailles stating: "Whereas the League of Nations has for its object the establishment of universal peace, and such a peace can be established only if it is based upon social justice ...".

The world has recognised that the principle of social justice requires a due diligence human rights approach to the eradication of slavery, trafficking and criminality of all kinds in the labour force globally for the sake of global peace, security and justice, with the Forced Labour Protocol recognising that the prohibition of forced or compulsory labour forms part of the body of fundamental rights, and that forced or compulsory labour violates the human rights and dignity of millions, contributing to the perpetuation of poverty and stands in the way of the achievement of decent work for all.

TheInternational Labour Organisation's International Protocol P029 of 2014 to the Convention Concerning Forced or Compulsory Labour (the Forced Labour Convention of 1930) establishes that the obligations to prevent forced labour, protect victims and provide them with access to remedies, and emphasises the link between forced labour and trafficking in persons. In line with Convention No. 29, the Protocol also reaffirms the importance of prosecuting the perpetrators of forced labour and ending their impunity.

The French duty of care law is the most compliant in principle with the principles of universal peace based on social justice, as it requires companies to develop and implement a public 'devoir de vigilance' setting out the oversight mechanisms the company has in place to identify and mitigate the occurrence of violations of human rights and fundamental freedoms. The French law does not explicitly refer to the UN Guiding Principles' standard of human rights due diligence, but it specifies the content of the due diligence plan^.

This central principle of due diligence human rights standards was left out of the Californian, UK, and now Australian laws which seeks to eradicate slavery in commercial supply chains. In other words, the transparency in supply chain laws miss the opportunity in its legislation to uphold the principle of social justice by requiring a due diligence human rights approach to the eradication of slavery, trafficking and criminality of all kinds in the labour force globally in the pursuit of working towards global peace, security and justice.

Why Reporting Matters

Now more than ever, companies, governments, investors, civil society and others are realising that doing business with respect for people's fundamental dignity and welfare just makes sense, is more sustainable, that it is more complaint with universal human rights standards, that it upholds the rule of law, dignity and equity principles and due diligence ethical requirements.

Doing business with slave-free supply chains makes sense because it helps protect and create long-term social, economic and even environmental value. The Australian Reporting Requirement for companies above the proposed threshold will enable civil society to get a better understanding of potential slave-like practices in commercial supply-chains into, and out of Australia.

So, to the question: Will the Modern Slavery Act as a Regulatory Tool be Effective in Disrupting Slave Labour in Australian Business Supply Chains? This is yet to be seen.

The required Reports due for submission at the end of this financial year is the starting point for Australian businesses to clean up their human rights records, and work towards a dignity-centred workforce in our region. Let the reporting begin!