An Australian-based Uyghur group filed a federal case against retail giant Kmart. They claim Kmart has products on their shelves that come from factories linked to Uyghur forced labor. Unlike the United States and some European nations, Australia does not currently prohibit goods made in the Uyghur Region from entering the country. That leaves it up to individual retailers to monitor and maintain a slavery-free supply chain. And regardless of the outcome, this new case underlines that current legislation just isn’t good enough.  

Walk the walk, don’t just talk the talk 

On its website in Australia, you can find videos and a description of Kmart’s Ethical Sourcing Program. A program it says helps “identify and mitigate modern slavery risks” in their operations and supply chains. The policy claims the retailer regularly conducts site visits and program audits of their suppliers. They also claim an investigation follows if problems are found. Jennifer Kanis, a solicitor on the case, said they were hoping to compel Kmart to, “prove their public position.”

Kanis shared with ABC News Australia,

(This) case is testing whether Kmart is engaging in misleading or deceptive conduct under consumer law in relation to the ethical nature of the products, with the company’s “ethical sourcing code” listed throughout its website.

The case against Kmart also shines a light on how far behind Australian laws have fallen when it comes to forced labor, particularly from the Uyghur Region. In 2018 when it passed the Modern Slavery Act, Australia took the legislative lead over Europe and the US.  But even back then, the law was weak.

Mandatory reporting obligations to identify modern slavery risks primarily only fall on large companies. Even worse, there is no obligation to act on those findings. The link to Uyghur forced labor is undeniable. That’s why the US and some countries in Europe have begun banning any goods from the Uyghur Region. Meanwhile, Australian modern slavery laws have fallen far behind.  

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