scholarly journals Corporate Responses to Tackling Modern Slavery: A Comparative Analysis of Australia, France and the United Kingdom

2021 ◽  
pp. 1-22
Author(s):  
Fiona McGaughey ◽  
Hinrich Voss ◽  
Holly Cullen ◽  
Matthew C. Davis

Abstract The business and human rights agenda is gaining momentum internationally, perhaps best evidenced through recent legislative responses to tackling modern slavery. Using a reflexive law lens, we analyse three recent laws – the UK Modern Slavery Act 2015, the French ‘duty of vigilance’ law of 2017, and the Australian Modern Slavery Act 2018 (Cth). The three laws, or their accompanying guidance, share characteristics in terms of reporting requirements: the supply chain; risk mapping/assessment and management; analysis of subsidiary and supply chain risk; and effectiveness. The French Act has a broader scope as it is a due diligence, rather than a reporting law and includes obligations with regard to human rights and fundamental freedoms, health and safety, and the environment. It is the only Act of the three with substantive penalty provisions. All reporting requirements in the French and Australian Acts are mandatory, but the UK Act has limited mandatory reporting requirements. We find that only 22 companies globally will be required to report under all three laws. Using a subset of this dataset, we analysed 59 French vigilance plans and UK modern slavery statements published by nine manufacturing companies. This provided some preliminary analysis of how businesses have reported under the French Droit de Vigilance and the UK Modern Slavery Act (reports under the Australian Modern Slavery Act for these companies were not published at time of writing). Overall, businesses are using less demanding measures such as introducing policies and delivering training more commonly than the somewhat more resource-intensive activities such as audits. The more onerous requirements of the French law were reflected in the content and level of detail in the vigilance plans, compared with the UK modern slavery statements. However, for some companies, there were strong similarities between the UK and French publications, indicating ‘creep’ from the French Act into UK reports or a ‘race to the top’.

Author(s):  
Colleen Theron

This chapter explores how business is implicated by modern slavery, and the salient requirements of the UK Modern Slavery Act (MSA) transparency in supply chain provision, in the context of growing mandatory reporting requirements for business to report transparently on their supply chain impacts. It also examines how business has responded to the MSA. It concludes with some practical steps that business can take to address the risk of modern slavery in its supply chains. Among these are ensuring that top management is supportive of tackling modern slavery in the organisation and supply chains; understanding how these obligations fit within any wider mandatory or voluntary reporting undertaken by the business; putting policies in place; establishing robust due-diligence processes; mapping the supply and value chain of the business.


2016 ◽  
Vol 34 (4) ◽  
pp. 289-317 ◽  
Author(s):  
Maddalena Neglia

The United Nations Guiding Principles on Business and Human Rights were endorsed in 2011 by the UN Human Rights Council. Since then they have become a normative platform and have led to widespread convergence of national and international regulatory initiatives. Focusing on Europe, this articles shows that the consensus reached, in particular on human rights due diligence, has been a driving force behind the influence the Principles have had on public regulation of business and human rights. One example is offered by the EU's approach to integrating UNGPs into legal and policy instruments, including the 2011 Communication on CSR and the EU Directive no. 2014/95 on non-financial reporting. But this has been accompanied by recent developments in EU Member States' public regulation of business and human rights, including the UK Modern Slavery Act and the French bill on ‘devoir de vigilance’. The article concludes that, despite the emergence of a piecemeal regulatory approach, coherence in the public regulation of business violations of human rights is urgently needed in Europe. It further shows that, if properly led, this process could entail reinforcement of the EU's commitment to the UNGPs' implementation.


2019 ◽  
pp. 675-696
Author(s):  
Andrew Boutros

Today’s companies must understand and prevent the myriad problems flowing from labor issues. Increasingly demanding, serious compliance attention and resources are now being focused on the emerging area of human anti-trafficking and forced labor laws and regulations as they relate to business supply chains. These mandates include the California Transparency in Supply Chains Act, the Executive Order on Strengthening Protections Against Trafficking in Persons in Federal Contracts, and the UK Modern Slavery Act of 2015. By enlisting or conscripting companies into the fight against human trafficking, child labor, and other “forced” or “coerced” labor practices, these laws introduce a wholly new compliance reality requiring accountability and supply chain compliance.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Aswin Alora ◽  
Mukesh K. Barua

PurposeThe purpose of this paper is to identify, classify and prioritize supply chain risks faced by Indian micro small and medium manufacturing companies and to develop a comprehensive supply chain risk index.Design/methodology/approachPrimary data has been collected from 354 Indian micro small and medium enterprises on the different supply chain risks faced by them. An extensive literature review followed by expert's interview has been carried out in order to finalize the supply chain risks. A hybrid methodology consists of AHP and Fuzzy TOPSIS is applied for the data analysis. A sensitivity analysis has been done to check the robustness and consistency of the results.FindingsResults depict the importance of supply side and financial side risks faced by manufacturing supply chains, thus adding to the ongoing academic debate on the importance of supply chain finance solutions.Research limitations/implicationsStudy is limited to the scope of an emerging market. Generalization of results needs more systematic studies around the world in different supply chains.Practical implicationsSupply chain managers can consider the benchmark framed in this study in order to identify the health of their supply chain and to efficiently employ supply chain risk management strategies.Originality/valueThe current study is novel in developing a supply chain risk index using a hybrid AHP-Fuzzy TOPSIS methodology with a comprehensive list of 26 supply chain risks under 5 categories for an MSME supply chain. To the best of the authors’ knowledge, this is the first study incorporating financial risks in the development of a supply chain risk index.


2020 ◽  
Vol 33 (7) ◽  
pp. 1505-1534
Author(s):  
Michael Rogerson ◽  
Andrew Crane ◽  
Vivek Soundararajan ◽  
Johanne Grosvold ◽  
Charles H. Cho

PurposeThis paper investigates how organisations are responding to mandatory modern slavery disclosure legislation. Experimentalist governance suggests that organisations faced with disclosure requirements such as those contained in the UK Modern Slavery Act 2015 will compete with one another, and in doing so, improve compliance. The authors seek to understand whether this is the case.Design/methodology/approachThis study is set in the UK public sector. The authors conduct interviews with over 25% of UK universities that are within the scope of the UK Modern Slavery Act 2015 and examine their reporting and disclosure under that legislation.FindingsThe authors find that, contrary to the logic of experimentalist governance, universities' disclosures as reflected in their modern slavery statements are persistently poor on detail, lack variation and have led to little meaningful action to tackle modern slavery. They show that this is due to a herding effect that results in universities responding as a sector rather than independently; a built-in incapacity to effectively manage supply chains; and insufficient attention to the issue at the board level. The authors also identity important boundary conditions of experimentalist governance.Research limitations/implicationsThe generalisability of the authors’ findings is restricted to the public sector.Practical implicationsIn contexts where disclosure under the UK Modern Slavery Act 2015 is not a core offering of the sector, and where competition is limited, there is little incentive to engage in a “race to the top” in terms of disclosure. As such, pro-forma compliance prevails and the effectiveness of disclosure as a tool to drive change in supply chains to safeguard workers is relatively ineffective. Instead, organisations must develop better knowledge of their supply chains and executives and a more critical eye for modern slavery to be combatted effectively. Accountants and their systems and skills can facilitate this development.Originality/valueThis is the first investigation of the organisational processes and activities which underpin disclosures related to modern slavery disclosure legislation. This paper contributes to the accounting and disclosure modern slavery literature by investigating public sector organisations' processes, activities and responses to mandatory reporting legislation on modern slavery.


2019 ◽  
Vol 20 (2) ◽  
pp. 105
Author(s):  
Hotlan Siagian ◽  
Zeplin Jiwahusada Tarigan ◽  
Han Tae Hee

This paper aims to examine the role of the buyer-supplier relationship in improving the impact of top management involvement in the supply chain risk management. The study used 55 export-oriented manufacturing companies domiciled in East Java of Indonesia, and three respondents from top management level represented each company. Of 55, 44 companies have completed the questionnaires which means the response rate of 80%. Data collection used a questionnaire designed with a five-item Likert scale. Data analysis used the partial least square technique with Smart-PLS software version 3.0 to examine the hypotheses. The finding revealed that top management involvement affects supply chain risk management, top management involvement affects the buyer-supplier relationship, and buyer-supplier relationship affects supply chain risk management. The last finding is that buyer-supplier relationship empirically the effect of top management involvement. This paper paves the way for the manager in improving supply chain risk management by practicing top management involvement and development of a relationship with the supplier.


Author(s):  
Sara L. Seck

AbstractLabour and environmental law operate in silos. This is equally true in the transnational sphere, despite the 2011 endorsement of UN Guiding Principles on Business and Human Rights. Labour rights as human rights appear easier to grasp than environmental human rights, and the UNGPs specifically highlight the work of the ILO. Due to egregious events such as the Bangladesh Rana Plaza factory collapse, transnational governance regimes have emerged to better ensure building safety and respect for labour rights. Yet the process of production of “fast fashion” is not only a problem for workers whose health and safety are put at risk, but also for children and families who live in the vicinity of polluting factories and experience “slow death” as a result of contaminated air and water. This paper will explore how a reconceptualization of the worker as a relational being and corporeal citizen might bridge the silos.


2020 ◽  
Author(s):  
Sophie Brill ◽  
Beck Wallace

The UK Modern Slavery Act 2015 requires organizations with a turnover of over £36m to make a public statement on the steps they are taking to identify and prevent modern slavery in their operations and supply chains. Oxfam GB advocated for this legislation to be enacted. In this, our fifth statement, we share our progress against the three-year objectives set last year, which focus on corporate responsibility governance, human rights due diligence and inclusion of our country programmes. Due to the particularly devastating impacts of the coronavirus pandemic, we have added a section to highlight our initial response in March 2020, which fell under this reporting period.


2019 ◽  
pp. 163-166
Author(s):  
Shareen Hertel

The epilogue summarizes the main findings of the book and explores their broader implications for political science theory, public policy, and corporate supply chain management. It highlights the need for a broad range of data on stakeholder dialogue, from historical to quantitative to qualitative (such as the trend analysis derived from Business and Human Rights Resource Centre data, and the insights of community members gathered through interviews in manufacturing towns, respectively). The epilogue foregrounds our fragile connections along the global supply chain and reiterates the need for innovative approaches to community engagement in settings where the risks of economic rights failure are high but the rewards of more just and equitable development are potentially deep.


2014 ◽  
Vol 11 (2) ◽  
pp. 144-162 ◽  
Author(s):  
Sudeep Kumar Pradhan ◽  
Srikanta Routroy

Purpose – The purpose of this paper is to identify, analyze, assess and manage the risks issues involved in an Indian manufacturing supply chain. The paper also shows the direction to use the proposed comprehensive risk management framework in different manufacturing supply chain. Design/methodology/approach – The various risks for an Indian manufacturing company are identified through brainstorming session held with managers and engineers. The risks are categorized (i.e. delivery performance; process capability; demand and supply fluctuation at supplier end; rework; and business practices) and the domain (i.e. supplier, manufacturer and customer) of each risk is also identified for further analysis. A Failure Mode and Effect Analysis is used to rank the impact of all the relevant risks associated with various risk categories and the action plans are suggested by proposing a risk treatment process. Findings – The degree of impact of each relevant risk is determined and is used for deriving managerial insights. Through Pareto analysis, it is concluded that top 20 percent risk factors are coming from supplier and organization domain. It is interesting to note that no relevant risk related to customer domain is appearing in top 20 percent. It is also found that 54 percent risk is coming from supplier-related risk domain and 46 percent risk exists in the organization-related risk domain among top 20 percent risk. Research limitations/implications – This study is restricted to only one Indian manufacturing company. Therefore, the outcomes of the study should not be generalized. Further studies may be carried out for several Indian manufacturing industries to get more generalized impact of risks, its validity and their variation across the different manufacturing companies. Practical implications – The simplicity and clarity of the proposed framework provides step-by-step approach for identifying, categorizing and managing risks involved in the supply chain. It also provides the guidelines for a manager to benchmark and update risk handling in a specific manufacturing environment with its own priority considerations. Originality/value – Although many literatures are available related to supply chain risk management, the proposed approach provides a better practical generic platform to understand, manage, reduce and mitigate the risks involved along the manufacturing supply chain.


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