Modern slavery: If I had a hammer

"I suppose it is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail," said Abraham Maslow.

ETI's new Base Code Guidance: Modern slavery - practical guidance for brands and retailers.

Modern slavery has never before had so much attention from the public, the media, and the politicians. The UK Modern Slavery Bill is a focus for much of this attention, and there is a huge body of individuals and organisations working feverishly to ensure it can serve as an example for the rest of the world.

My own organisation, ETI, has been very active. As a leading alliance of 85 major brands and retailers, trade unions representing 160 million workers globally, and 15 NGOs, we have drafted statements, written letters and briefing notes to influence the Bill and play our part in helping eradicate abuse and exploitation of millions of workers in the UK and around the world. Here’s our new Briefing Note drafted in partnership with the British Retail Consortium (BRC). It’s extraordinary that we’ve been able to find such common ground between responsible companies, trade unions and NGOs on what’s needed in the legislation that will help to prevent and protect workers from modern slavery.

But there is a problem in the way the crime of modern slavery is being presented. There are constant references to traffickers, ‘slavers’ and criminals exploiting vulnerable men, women and children, making billions from illegal profit as if the problem is somehow ‘out there’ operating in the dark underbelly of society. And most governments, including the UK, seek to identify, prosecute, and punish these criminals by locking them up for a long time.

The criminal justice system is a hammer.  The problem is, modern slavery is not a nail.

But what if we saw the problem differently? What if we see that the constant drive for cheaper goods and services in the global economy itself drives the risks of exploitation and abuse of workers? The downward spiral of competition for lower prices is delivered at the cost of workers’ basic human rights, freedom and choices at the lowest end of the supply chain. Seen in this way, modern slavery lies at the extreme edge of a continuum in which respect for workers’ rights, and their ability to claim their rights, lies at the other end.

Most companies, if they are to survive and thrive in the global market, need to find ever-more efficient and effective ways to produce their goods and services. As consumers become more demanding for better quality and instant access to what they want, the only way companies can cut costs is to find cheaper and more exploitable sources of labour. They either turn a blind eye or actively seek to operate in environments in which workers will be forced to work in conditions that deprive them of their right to a living wage, safe working conditions, the right to organise and negotiate their own terms and conditions of work. 

Many companies would argue that they have little or no information or direct influence over the layers and layers of unregulated sub-contractors involved in producing their goods and services. They push the risks down to their suppliers and expect them to ensure that there will be no scandals in the press, whilst at the same time demanding cheaper unit prices and shorter time frames for production of goods.

So what’s the solution? The transparency in supply chains clause of the UK’s Modern Slavery Bill, if it has the right provisions, could go some way to making these layers of abuse and exploitation more visible and making companies more accountable. But there is much more that can be done which lies outside of the legislation.

Responsible companies, such as those that join ETI, commit themselves to continuously improving their business practices in ways that demonstrate increased respect for workers’ rights. ETI’s trade union and NGO members are an essential part of this continuous improvement journey, offering unique insights and expertise, and constructive feedback on member company performance.

Global supply chains are complex and shifting the needle from the lower end of this continuum to the top end requires sustained commitment and collaboration – in different countries, across sectors and industries.

The single biggest factor that will end extreme labour exploitation is recognising the right for workers to organise, the right to collectively negotiate their own terms and conditions of work, and to have the freedom to leave abusive employers. The incidence of forced labour and trafficking for labour exploitation is lowest in workplaces and countries where trade unions are allowed and encouraged to operate. Labour laws, monitoring and regulations that protect workers’ rights are also extremely important to making sure workers can claim their rights, and that the most vulnerable workers are identified and given the protection they need.

That’s why tackling modern slavery needs more than a hammer.