Shining an international spotlight on labour exploitation

In November 2024, the United Nations Special Rapporteur on Contemporary Forms of Slavery including its cause and consequences (UN Special Rapporteur), Professor Tomoya Obokata, conducted a country visit to Australia to engage with a range of stakeholders, including a one-on-one meeting with Ethical Clothing Australia and workers impacted by exploitation in the local industry.

The UN Special Rapporteur met with Ethical Clothing Australia after issuing a call to speak with a range of stakeholders during his visit to Australia in November 2024. One of the key areas for Professor Obokata to investigate is labour exploitation of people from a linguistic or ethnic minority, which is a key issue within Australia’s Textile, Clothing & Footwear industry[1].

Professor Obokata spoke with Ethical Clothing Australia’s National Manager  , a number of very talented and skilled outworkers, and representatives from the Textile, Clothing and Footwear (TCF) Union. They spoke about the structure of Ethical Clothing Australia’s accreditation program and how, as a multistakeholder initiative encompassing business, Union and industry, it has protected vulnerable workers in Australia for nearly 25 years.

“During the meeting, we were really pleased to hear the Professor acknowledge how great the Ethical Clothing Australia program is and how the Professor wants to elevate good practices such as this within the international community,” said Ms Reilly.

The Professor heard that despite Australia having robust Industrial relations (IR) laws in place, and a focus on addressing modern slavery, many Australian TCF businesses continue to exploit workers, paying outworkers as low as $5 per hour.

Labour rights are human rights, as preventing collective bargaining and unfair wages can create an environment where exploitation thrives. The stripping away of workers’ rights can result in forced labour and conditions of slavery. According to the Global Slavery Index 2023 published by Walk Free, there are currently an estimated 41,000 people in modern slavery in Australia[2].

In a report released in July 2024, the UN Special Rapporteur found that workers’ organisations represent an important role in combatting exploitation[3]. They do this by promoting fair working conditions, advocating for disadvantaged and marginalised workers, and negotiating higher wages.

Ethical Clothing Australia was mentioned by name in the Special Rapporteur’s End of Mission Statement as an example of an organisation that embraces a multi-stakeholder approach in preventing modern slavery and protecting victims and survivors. 

We look forward to reading both the interim and final  report submitted by the UN Special Rapporteur on his country visit to Australia.

A UN Special Rapporteur is an independent expert appointed by the United Nations to report on and advocate for specific human rights issues, from a thematic or country-specific perspective[4]. Each UN Special Rapporteur is given specific responsibilities and tasks, defined as a ‘mandate’. There are UN Special Rapporteurs working on mandates to protect human rights in the context of climate change, the rights of people with disabilities, and the right to education, among many others[5].

One of the key roles of the UN Special Rapporteur is to conduct official country visits to assess human rights at a national level and make suggestions for improvement. During these visits they connect with a range of stakeholders, including government officials, civil society and people from affected communities[6]. Information gathered through country visits is then compiled into reports to be presented to the United Nations Human Rights Council.

The incumbent Special Rapporteur on Contemporary Forms of Slavery is Professor Tomoya Obokata. Appointed in 2020, he is a Japanese scholar of international law and human rights and has a specialisation in human trafficking and organised crime[7]. His mandate encompasses various forms of modern slavery, including forced labour, and part of his role is to assess how global trends may exacerbate vulnerabilities to slavery[8].

1] United Nations Office of the High Commissioner for Human Rights (OHCHR). (2024). Call for input: Country visit to Australia by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance. Available at: https://www.ohchr.org/en/calls-for-input/2024/call-input-country-visit-australia-special-rapporteur-contemporary-forms [Accessed 20 Nov. 2024].

[2]Walk Free 2023, Global Slavery Index 2023, p. 118.

[3] United Nations General Assembly, 2024. Contemporary forms of slavery, including its causes and consequences. Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, A/79/159, 16 July. Available at: https://documents.un.org/doc/undoc/gen/n24/210/21/pdf/n2421021.pdf [Accessed 20 November 2024].

[4] Office of the High Commissioner for Human Rights (OHCHR), 2024. Special Procedures of the Human Rights Council. [online] Available at: https://www.ohchr.org/en/special-procedures-human-rights-council [Accessed 20 November 2024].

[5] Office of the High Commissioner for Human Rights (OHCHR), 2024. Current and Former Mandate Holders of Existing Mandates. [online] Available at: https://www.ohchr.org/en/special-procedures-human-rights-council/current-and-former-mandate-holders-existing-mandates [Accessed 20 November 2024].

[6] Office of the High Commissioner for Human Rights (OHCHR), n.d. Country and other visits. Available at: https://www.ohchr.org/en/special-procedures-human-rights-council/country-and-other-visits [Accessed 19 November 2024].

[7] Office of the High Commissioner for Human Rights (OHCHR), n.d. Prof. Tomoya Obokata: Special Rapporteur on Contemporary Forms of Slavery. Available at: https://www.ohchr.org/en/special-procedures/sr-slavery/prof-tomoya-obokata [Accessed 19 November 2024].

[8] Office of the High Commissioner for Human Rights (OHCHR), n.d. Special Rapporteur on Contemporary Forms of Slavery. Available at: https://www.ohchr.org/en/special-procedures/sr-slavery [Accessed 19 November 2024].