Access to Remedy for Survivors of All Forms of Slavery, Trafficking and Forced Labour

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Access to Remedy – Our Greatest Failure, Our Biggest Opportunity
Heather Moore

The intention behind this Special Issue was to critically examine remedy across contexts; however, as readers will see, the majority of our articles focus on slavery, human trafficking and labour exploitation in business supply chains. While this is a limitation, this collection still adds much needed clarity and depth to the conversation about remedy. These articles offer firsthand accounts from the perspective of people impacted by modern slavery and provide critical analyses of various anti-exploitation/anti-slavery instruments, suggesting feasible ways to reshape these instruments to improve access to remedy for affected parties.

Remedy as Relational
Sarah S

What does remedy mean for survivors of modern slavery? As businesses grapple with the complexity of risks in their supply chains, the human dimension of this issue is beginning to break through the haze of reputational concerns. This shift underscores a growing recognition that simply identifying risks is insufficient, and that effective action is needed to remediate those affected by these horrific crimes.

Rehabilitation and Reintegration of Child Labor and Trafficking Survivors: a Case Study of Nepal GoodWeave Foundation’s Transit Home “Hamro Ghar”
Silvia Mera and Hem Bahadur Moktan

This paper focuses on rehabilitation as a crucial aspect of remediation for child labor and trafficking survivors. It explores successful center-based programs for children removed from exploitation and emphasizes how the creation of an enabling environment tailored to survivors’ needs can serve the best interest of the child. Drawing from the case study of the Kathmandu-based transit home Hamro Ghar, run by Nepal GoodWeave Foundation, this paper describes rehabilitation approaches and activities, including insights from child labor survivors. This analysis highlights effective strategies for the rehabilitation and reintegration of child labor and trafficking survivors into school and society.

Access to Effective Remedy and Grievance Mechanisms: a Brief Review of the Situation for Exploited Migrant Workers in Finland and Norway
Dr. Tina Davis and Saara Haapasaari

This article examines access to effective remedy and grievance mechanisms for exploited migrant workers in Finland and Norway. It reviews the countries’ National Action Plans on Business and Human Rights to understand their uptake of Pillar III of the United Nations Guiding Principles on Business and Human Rights in a national context. It then analyses state- based judicial mechanisms and disclosed company-based grievance mechanisms and remediation processes to identify their accessibility and effectiveness in providing remedy for exploited migrant workers at home. Finally, it exposes gaps in policy and practice that makes it difficult for this cohort to access remedy in the two countries. Despite recent legal improvements to protect human rights, there is a need for stronger focus on outcomes from states and business in line with their commitments and responsibilities. Access to effective remedy can only become a reality for rightsholders when it is based on a participatory approach that is equally grounded in business ethics.

Understanding Remedy Under the Australian Modern Slavery Act: From Conceptualisation to Provision of Remedy
Samuel Pryde, Justine Nolan, Shelley Marshall, Andrew Kach, Martijn Boersma, Fiona McGaughey, and Vikram Bhakoo

Drawing on data from a multi-year collaborative research project, this article offers insight into how remedy is conceptualised by business in responding to the reporting requirements set out in the Australian Modern Slavery Act 2018 (Cth). The article considers three key questions regarding the provision of remedy. First, do companies facilitate remediation, or report facilitating remediation? Second, which types of remedy are being provided most frequently, at least on paper? And third, to what degree are key stakeholders consulted in the formulation of remedies? The research indicates that the MSA does not facilitate effective remediation.

How Import Bans Affect Access to Remedy for Individuals Affected by Forced Labour
Archana Kotecha and Nawin Santikarn

Import bans are increasingly used to prevent the import and sale of goods produced by forced labour and modern slavery. The threat or use of these import bans has driven significant changes in corporate and government behaviour in recent years. What is less well understood is the connection between import bans and the provision of remedies to people in conditions of forced labour. This article examines the connection between import bans and access to remedy, through the lens of the US Tariff Act of 1930. The article draws lessons from nine case studies across geographies and sectors.

A Case Study in the Mauritian Garment Industry: the Promise and Challenge of Securing Effective Remedy
Karen Stauss and Samantha Rudick

This article provides a summary of a report issued by Transparentem in December 2023 entitled “‘I Came Here with So Many Dreams’: Labor Rights Abuses and the Need for Change in the Mauritius’ Apparel Factories.” Transparentem is a U.S.-based, non-governmental 379 organization whose mission is to transform industries by allying with workers and communities to uncover abuses in global supply chains and drive labor and environmental justice. Transparentem investigates labor and environmental abuses, engages with downstream companies to secure remediation and stronger due diligence systems, and then publishes the results. Transparentem also engages governments to support accountability and sustainability of solutions.

Increasing the Prospects of Corporate Accountability, Compensation, and Financial Health for Victims and Survivors of Forced Labour and Human Trafficking
Loria-Mae Heywood and Andy Shen

Although billions of dollars in illicit profits are generated each year from human trafficking and forced labour, a paltry amount is usually returned to victims/survivors in the form of compensation. To enable greater compensation for victims and survivors, the Asset Recovery and Restitution Initiative proposes a new strategy, i.e. the combined use of trade and anti-money laundering frameworks and inter-agency and multi-stakeholder cooperation (both domestically and internationally). Financial access/inclusion, and financial literacy/education are other important considerations in the receipt of compensation.

Towards Worker-Driven Remedy: Advancing Human and Labour Rights in Global Supply Chains
Martina Trusgnach, Olga Martin-Ortega, and Cindy Berman

This article examines the importance of rights-holder-driven remedy in addressing widespread abuse in global supply chains. It exposes the limitations of existing approaches and analyses the development of the Principles of Worker-Driven Remedy by Electronics Watch as a promising advancement. In particular, it emphasises the role of public buyers and public procurement in addressing power imbalances and enabling rights-holders to play a central role in their own remediation process. The practical implementation of the Principles is also discussed, highlighting the need for collaborative efforts to ensure that remedy is truly driven by those who have been harmed by human and labour rights abuse in global supply chains.