UN Committee backs mandatory due diligence under Modern Slavery Act
The push to introduce mandatory human rights due diligence to better protect people from exploitation has been strengthened by a recommendation from the UN Committee on Economic, Social and Cultural Rights (Committee).
In its Concluding Observations on Australia’s sixth periodic report, the Committee has urged the Australian Government to amend the Modern Slavery Act 2018 (Cth) (Act) to introduce mandatory human rights due diligence and report back within 24 months on progress. Australian Anti-Slavery Commissioner, Chris Evans, welcomed the Committee’s findings.
“This is a clear call from the United Nations for Australia to strengthen its laws,” Commissioner Evans said. “Too many people in Australia and across our region are trapped in forced labour and other forms of exploitation linked to global supply chains and strengthening the Modern Slavery Act is long overdue.”
The Committee has also recommended that Australia develop a national action plan for business and human rights and stronger monitoring and enforcement mechanisms under the Act, including proportionate penalties for non-compliance, and improved access to remedies for victims of business-related human rights abuses.
Of more than 70 recommendations, mandatory due diligence was singled out as one of three priority issues requiring a formal Government response within 24 months. This underscores the urgency of reform and places Australia on notice that the international community expects concrete legislative action.
The Government is currently consulting on whether to introduce a mandatory due diligence obligation. To inform that process, the Office of the Australian Anti-Slavery Commissioner has released an initial position paper recommending a mandatory, risk-based due diligence obligation for reporting entities under the Act.
“Over the past month, we have met with businesses, industry groups and civil society to discuss how a proportionate and practical due diligence model can work in Australia,” Commissioner Evans said. “There is growing recognition that reform must now move from disclosure to prevention.”