Sexual and gender-based violence: the case for transformative justice in Cambodia

This article aims to advance the idea of transformative justice by building on and expanding the notion of ‘justice’ beyond that traditionally offered by transitional justice discourse and practice. The need for a paradigm shift is warranted by the continued high levels of sexual and gender-based violence (SGBV), directed predominantly towards women, experienced in post-conflict contexts. Using the example of Cambodia, we argue that the scale of SGBV in a post-conflict country can be an indicator of the extent of ‘transformative’ change taking place, and, thus, of the success of transitional justice processes and democracy consolidation, particularly regarding gender equality. Gender equality is essential for democratisation, as democracy should be both a political and a social project. Thus, democracy- and peace-building efforts require challenging entrenched power hierarchies and deep-rooted gender inequality, of which SGBV is symptomatic

Modern Slavery and Migrant Smuggling: A Sustainable Development Perspective

Modern slavery—denoting acute exploitation of people for personal or commercial gain—is said to affect nearly 50 million people around the globe, making it a global issue that requires coordinated crosssectoral and integrated responses. Some efforts have been made to that effect, including through an emerging legislative regulation at domestic and regional levels. Migrants, in particular those with unsettled status, are particularly vulnerable to modern forms of slavery due to manifold enabling circumstances, including the lack of, or capacity to offer them, protection or limited access to legitimate forms of employment or social protection. However, global responses to migrant smuggling and irregular migrants are in stark contrast to the commitments made to address modern slavery. The increasing focus on the securitisation of migration obscures the underlying social, economic and political ‘push’ factors that fuel modern slavery. Thus, a more comprehensive response is needed that examines the issues of migration management, market regulation and development more widely. This paper uses a comparative lens to examine global developments in regulating labour-related forms of modern slavery vis-à-vis migration management in the context of achieving sustainable development goals. Received: 31 July 2022 Accepted: 10 October 202

Modern Slavery and Migrant Smuggling: A Sustainable Development Perspective

Modern slavery—denoting acute exploitation of people for personal or commercial gain—is said to affect nearly 50 million people around the globe, making it a global issue that requires coordinated cross-sectoral and integrated responses. Some efforts have been made to that effect, including through an emerging legislative regulation at domestic and regional levels. Migrants, in particular those with unsettled status, are particularly vulnerable to modern forms of slavery due to manifold enabling circumstances, including the lack of, or capacity to offer them, protection or limited access to legitimate forms of employment or social protection. However, global responses to migrant smuggling and irregular migrants are in stark contrast to the commitments made to address modern slavery. The increasing focus on the securitisation of migration obscures the underlying social, economic and political ‘push’ factors that fuel modern slavery. Thus, a more comprehensive response is needed that examines the issues of migration management, market regulation and development more widely. This paper uses a comparative lens to examine global developments in regulating labour-related forms of modern slavery vis-à-vis migration management in the context of achieving sustainable development goals. Resumen La esclavitud moderna —que denota la explotación aguda de personas para beneficio personal o comercial— afecta a casi 50 millones de personas en todo el mundo, lo que la convierte en un problema mundial que requiere respuestas coordinadas intersectoriales e integradas. Se han hecho algunos esfuerzos en este sentido, incluso mediante una nueva normativa legislativa a nivel nacional y regional. Los migrantes, en particular los que no están en situación regular, son especialmente vulnerables a las formas modernas de esclavitud debido a las múltiples circunstancias que los favorecen, como la falta de protección o la capacidad de ofrecerla, o el acceso limitado a formas legítimas de empleo o protección social. Sin embargo, las respuestas globales al tráfico de migrantes y a los migrantes irregulares contrastan fuertemente con los compromisos asumidos para abordar la esclavitud moderna. La creciente atención a la securitización de la migración oculta los factores sociales, económicos y políticos subyacentes que alimentan la esclavitud moderna. Por lo tanto, es necesario dar una respuesta más amplia que examine las cuestiones de la gestión de la migración, la regulación del mercado y el desarrollo en general. Esta reflexión desarrolla un enfoque comparativo para examinar la evolución mundial de la regulación de las formas de esclavitud moderna relacionadas con el trabajo en relación con la gestión de la migración en el contexto de la consecución de los objetivos de desarrollo sostenible

What Makes People Vulnerable to Modern Slavery in Supply Chains?

It is estimated that over 40 million people are trapped in some form of modern slavery (ILO and Walk Free, 2017). However, there is no internationally agreed definition of modern slavery, except that it is understood to cover grievous forms of exploitation of vulnerable individuals and communities, ranging from human trafficking, forced labour, debt bondage/bonded labour, the worst forms of child labour to forced marriage. The notion of vulnerability therefore appears central for understanding where modern slavery is most likely to occur. Vulnerability has been often used in academic literature in a generalising fashion to describe various demographic groups of consumers in a society (e.g., children, older adults, ethnic minorities; Baker et al., 2005) and the potential impact of their presumed inherent vulnerabilities on their consumer decision-making and wider engagement with markets. Yet there is a growing recognition that vulnerability is a complex social condition that requires nuanced understanding (Kubacki, et al., 2020; Pavia and Mason, 2014). Adding to its complexity as a theoretical concept, in practice vulnerability is also context-dependent (e.g., situational vulnerability; Baker et al., 2005). Accordingly, we all may become vulnerable to various hazards and risks, and therefore attempts to unpack vulnerability need to be located in a specific milieu, bringing together inherent (micro) and situational (meso) vulnerabilities within a social system (macro). This research therefore focuses on vulnerability to modern slavery in supply chains. Supply chain management has long been a popular focus of research in the management field. According to Ellram et al. (2004) “Supply chain management is the management of information, processes, goods and funds from the earliest supplier to the ultimate customer, including disposal” (p.17). A common pattern of the structure of the supply chain is the arrangement of suppliers from developing countries and business buyers from highly developed countries, which are often powerful MNCs that are orchestrators of the supply chains (Gong et al., 2018). In supply chain management, the business side, as a response to the factors affecting supply chain management, implements various strategies and practices to build resilience against these factors, thereby seeking to mitigate risks and improve financial performance. Differences in power asymmetries between large buying organizations and suppliers from developing countries allow the former to exert pressure on the latter as a remedy to the need to adapt to dynamic changes in the environment or even to the turbulence of the business environment. An increasing tendency of supply chain management is to non-disclose the supplier lists by buyers (e.g., to financial institutions granting working capital loans), because many suppliers prefer to be invisible (Sodhi and Tang, 2019). However, the research of Cho et al. (2019) shows that the lack of supply chain transparency increases labour violations by suppliers, including child labour. Many suppliers also engage in mock compliance (Huq and Stevenson, 2020). In this research we aim to explore the notion of vulnerability and its representations at micro, meso and macro levels and we what makes people vulnerable to modern slavery in supply chains. Following systematic review procedures, we identified 51 studies reporting empirical and conceptual business research on modern slavery in supply chains. We found that, at the micro level, vulnerability is predominantly represented as an outcome of one behaviour—migration—simplifying the myriad of external push and pull factors, other behaviours and social relationships. At the meso level, situational risks are clustered around various conditions of employment representing and contributing to experiences of vulnerability. At the macro level, a broad set of systemic issues, from immigration laws to business models, were identified to contribute to the environment in which a heightened risk of vulnerability to modern slavery is experienced. REFERENCES Baker, S.M., Gentry, J.W., and Rittenburg, T.L. (2005), “Building understanding of the domain of consumer vulnerability”, Journal of Macromarketing, Vol. 25 No. 2, pp. 128-139. Cho, S.-H., Fang, X., Tayur, S., & Xu, Y. (2019), “Combating child labor: Incentives and information disclosure in global supply chains”, Manufacturing and Service Operations Management, Vol. 21 No. 3, pp. 692-711. Ellram, L.M., Tate, W.L., and Billington, C. (2004), “Understanding and managing the services supply chain”, Journal of Supply Chain Management, Vol. 40 No 3, pp. 17-32. Gong, Y., Jia, F., Brown, S., and Koh, L. (2018), “Supply chain learning of sustainability in multi-tier supply chains: a resource orchestration perspective”, International Journal of Operations & Production Management, Vol. 38 No. 4, pp. 1061-1090. Huq, F.A., and Stevenson, M. (2020), “Implementing socially sustainable practices in challenging institutional contexts: Building theory from seven developing country supplier cases”, Journal of Business Ethics, Vol. 161 No. 2, pp. 415-442. International Labour Organization and Walk Free Foundation (2017). The Global Estimates of Modern Slavery: Forced Labour and Forced Marriage. International Labour Organization, Walk Free Foundation. Kubacki, K., Siemieniako, D., and Brennan, L. (2020), “Building positive resilience through vulnerability analysis”, Journal of Social Marketing, Vol. 10 No. 4, pp. 471-488. Logsdon, J.M. (1991), “Collaboration to regulate LUST: Leaking underground storage tanks in Silicon Valley”, Journal of Business Research, Vol. 23 No 1, pp. 99-111. Pavia, T.M., and Mason, M.J. (2014), “Vulnerability and physical, cognitive, and behavioral impairment: model extensions and open questions”, Journal of Macromarketing, Vol. 34 No 4, pp. 471-485. Sodhi, M.S., and Tang, C.S. (2019), “Research opportunities in supply chain transparency”, Production and Operations Management, Vol. 28 No. 12, pp. 2946-2959. Szablewska, N. (2022), “Human smuggling and human trafficking”, Sayapin, S., Quenivet, N., Kemp, G., and Zambrana-Tevar, N.A. (Eds), International Conflict and Security Law: Challenges, Crimes, and Case Studies, TMC Asser Press/Springer

An opportunity for impact. Recommendations for regulating modern slavery in supply chains in Aotearoa New Zealand

This recommendation paper is published in the context of Aotearoa New Zealand recently entering public consultation for regulating modern slavery in supply chains. It provides direction for a legislative design that is compliant with international developments and, at the same time, considers Aotearoa New Zealand’s geopolitical and cultural context. It is not a response to the Government’s consultation proposal, but rather an independent resource, setting out recommendations based on research and the authors’ modern slavery law and practice expertise. The recommendations are a resource for companies, governments, non-government organisations, academics and civil society, including to assist with submissions that these entities may wish to make as part of the national consultation process. The following recommendations are made with an understanding that the Treaty of Waitangi/Te Tiriti o Waitangi principles are ensured and a Te Ao Māori perspective is considered in any future legislative and policy developments in this area

Cambodia

Since gaining its independence from France in 1953, Cambodia has endured nearly 30 years of conflict, followed by a precarious road towards recovery and socioeconomic development. Cambodia represents a complex case where historic and modern-day foreign interventionism coupled with geopolitical conditions contributed to the outbreak of a civil war, leading to the rise to power of the Khmer Rouge regime (1975–1979), bringing about mass killings and resulting in a ten-year foreign occupation. Cambodia’s modern-day legal and political systems continue to be impacted by the brutal legacy of its past. From the 1990s onwards, the involvement of the United Nations, the dispensation of foreign aid and the establishment of the Extraordinary Chambers in the Courts of Cambodia, a hybrid court to try atrocities committed during the Khmer Rouge era, have had a positive effect on strengthening the rule of law and (re)building the legal and judicial system in the country. At the same time, these events have inadvertently contributed to the emergence and consolidation of the ruling elite, which, in turn, has weakened the democratisation process and stalled the advancement of the rule of law in Cambodia