UN Special Rapporteur calls for stronger laws on modern slavery and protections for migrant workers

Human rights, unions and civil society groups are calling on the Albanese Government to take stronger action on modern slavery, after the UN Special Rapporteur on Contemporary Forms of Slavery sounded the alarm in a report released today.    

Professor Tomoya Obokata said he was “seriously concerned by the treatments of temporary migrant workers in Australia,” and had received credible information during his visit of “disturbing, sometimes very serious patterns of exploitative practices by employers, labour hire companies and migration agents....” 

He made over 30 recommendations for reform, including urging the Albanese Government to move swiftly to strengthen the Modern Slavery Act by introducing penalties as well as a due diligence obligation on companies to identify and address modern slavery in their supply chains, rather than just reporting on their efforts annually. 

Obokata also called on the Albanese Government to address the significant power imbalances between workers and employers in temporary migrant worker visa arrangements, including rules that prevent workers moving between employers. 

Keren Adams, Legal Director at the Human Rights Law Centre: 

“We welcome the Special Rapporteur’s recommendations to strengthen Australia’s modern slavery laws and close loopholes that make migrant workers vulnerable to exploitation. The Albanese Government should now move quickly to introduce penalties and enforceable due diligence requirements into Australia’s modern slavery laws to drive real changes to corporate practices and ensure no Australian companies are profiting from forced labour.” 

Michele O’Neil, President, Australian Council of Trade Unions: 

“We welcome the report of the Special Rapporteur which echoes the calls the union movement has been making: all temporary migrant workers must have the ability to change their employer. This includes workers on the Pacific Australia Labour Mobility (PALM) programme, who are effectively bonded to their employer sponsor, meaning the employer essentially controls their paycheque and their passport – which is a huge modern slavery risk. Pacific workers must be given the same rights as other temporary migrant workers to change employers if they wish. Mobility will mean PALM workers will be able to leave exploitative situations without risking their visa, and will mean that employers can no longer treat PALM workers as bonded labourers.”  

Professor Justine Nolan, Director, Australian Human Rights Institute: 

“The Special Rapporteur’s report clearly outlines the need to strengthen Australia’s legislative framework for addressing modern slavery and mandating human rights due diligence as a mainstream business practice will be a key part of this.” 

Carolyn Kitto, Co-Director, Be Slavery Free: 

“We thank Professor Obakata for his visit and for the objectivity and independence with which he approached his task. We look forward to working with governments, businesses, consumers and other civil society groups to ensure the ‘fair-go’ which Australians value.” 

Amy Sinclair, Australia, New Zealand and the Pacific Senior Representative, Business and Human Rights Resource Centre:   

“We welcome the Special Rapporteur’s findings. These provide clear signposts for action to address egregious human rights harms in supply chains.  It is time for Australian businesses to move beyond policies and be required to act with due diligence in sourcing their inputs.” 

Background  

The report follows Professor Obokata’s 16-day visit to Australia where he conducted consultations with over 450 stakeholders from government, civil society, unions, academia, business and investors. 

The Special Rapporteur’s interim report released today will be followed by a final report to the UN Human Rights Council in 2025.   

The Global Slavery Index estimates that 41,000 people in Australia and almost 50 million people globally, currently live and work in situations of modern slavery. Australian businesses source primarily from the Asia Pacific region, which has the highest rates of modern slavery in the world.   

In 2022, the Human Rights Law Centre, along with academic and civil society partners released a major report, which found that companies were failing to identify obvious modern slavery risks in their supply chains or take effective action to address them.    

In September the NSW Anti-Slavery Commissioner released a report on the situation of migrant workers, which found patterns of conduct involving indicators of modern slavery (including  debt bondage, forced labour, servitude, deceptive recruiting and human trafficking) in the NSW agriculture, horticulture and meat processing industries.  

Media contact:
Chandi Bates
Media and Communications Manager
Human Rights Law Centre
0430 277 254
chandi.bates@hrlc.org.au