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Has fashion truly addressed its ties to Uyghur forced labour?

In 2020, a coalition of human rights groups said it was ‘virtually certain’ that as many as 1 in 5 cotton products sold across the globe were tainted with modern slavery. Has the apparel industry stopped sourcing so extensively from Xinjiang and are brands’ supply chains as ethical as they say they are?

During the pandemic, many of the world’s biggest fashion brands and retailers were found to be complicit in the human rights violations of millions of Uyghur people in the Xinjiang region of north-western China.

The investigation was conducted by a coalition of over 180 human rights groups, trade unions, and civil society organisations.

It revealed that major clothing companies across the globe had continued to source cotton and yarn produced through a vast state-sponsored system of detention and forced labour involving up to up to 1.8m Uyghur and other Turkic and Muslim people in prison camps, farms, and factories.

This was despite international outrage at the time over the atrocities being committed against the population – which remains the largest internment of an ethnic and religious minority since the second world war.

‘Virtually the entire apparel industry is tainted by forced Uyghur and Turkic Muslim labour,’ the coalition said in a statement almost four years ago.

In a call to action, it urged the apparel industry to stop sourcing so extensively from Xinjiang and for brands to immediately review their supply chains.

‘Brands must ask themselves how comfortable they are contributing to a genocidal policy against the Uyghur people. These companies have somehow managed to avoid scrutiny for complicity in that very policy – this stops today.’

The issue wouldn’t be addressed at scale for another two years however, which is how long it took for policymakers to implement the Uyghur Forced Labour Prevention Act (UFLPA) that came into effect in June of 2022.

Widely heralded as one of the most hard-hitting laws devised to tackle imports connected to Uyghur forced labour, the US Customs Border Protection has detained almost $2bn worth of goods in the time since.

Specifically, of the 982 fashion shipments totalling almost $43 million, 556 were denied entry into the US for failing to offer documents proving that they had no ties with modern slavery.

Nevertheless, today’s reality paints a different picture, with researchers believing that instances of forced labour in Xingjiang are on the rise and that the textile sector is primarily to blame for this.

According to a new report, the Uyghurs have yet again been put to work under pressure from the Chinese government to meet the demands of 39 direct-to-consumer, low-cost fast-fashion brands including Shein that have been exploiting a loophole in the UFLPA which exempts packages worth less than $800 from inspection.

‘This “de minimis” shipping environment is being used to circumvent the UFLPA,’ says Anasuya Syam, who is director of human rights and trade policy at the Human Trafficking Legal Centre.

She also notes that any shipments ultimately rejected at American ports are simply being rerouted to Canada and Mexico (where forced labour laws are more lax), and possibly then re-imported overland into the US.

‘They do this so they can continue to sell goods in the US while selling Uyghur forced labour-tainted goods elsewhere.’

In response, and amid an industry-wide focus on traceability, the UFLPA has ordered more brands to start mapping their supply chains in search of compliance risks.

But because this is largely being promoted in the US, while direct exports from Xinjiang to the US have plummeted, exports to the EU have increased.

This is according to recent data, which shows that the EU’s checks aren’t doing nearly enough to weed out coercive work from clothing companies with significant ties to Xinjiang via sourcing, subsidiaries, and manufacturing that supply materials to dozens of well-known brands like H&M, Primark, and Zara.

On this note, a global concerted effort is evidently needed to have a long-lasting impact on the economic drivers of forced labour.

This is a sentiment echoed by Rushan Abbas, who is an executive director of the Campaign for Uyghurs non-profit.

‘Given supply chains are global and incredibly complex, it is crucial to foster increased collaboration and engagement with international stakeholders, and the global community,’ she says.

‘It is imperative that countries follow the US’ lead and enact similar legislation to ban the import of forced labour products. We must send a clear message that forced labour has no place in our supply chains.’

As she goes on to explain, fighting this requires not only the implementation of legislation to ban slave-made goods, but heightened consumer consciousness about brands still profiting from Uyghur suffering.

‘This is a fact that demands action,’ she finishes. ‘We all have a voice and our voice will make a difference.’

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