A Kmart store is seen at Belconnen Shopping Centre in Canberra, Australia on Nov. 2, 2023. AAP Image/Mick Tsikas
An Adelaide-based Uyghur group is taking Australian retail giant Kmart to court for allegedly sourcing its products from factories connected to forced labour camps in China.
The Australian Uyghur Tangritagh Women’s Association (AUTWA) filed its application in the Federal Court to compel Kmart to produce documents demonstrating what it knows about two clothing suppliers listed on its 2024 and 2025 factory lists with links to the Xinjiang Uyghur Autonomous Region.
The Region is home to systemic state-sponsored forced labour camps and well-documented atrocities against Uyghur and Turkic Muslim people.
“Kmart, and all companies, must ensure they are not profiting from forced labour in China. China’s mass imprisonment, repression and forced labour of Uyghur people is well-documented. Our community has lost family members, friends, and loved ones because of China’s brutal treatment of Uyghurs,” said Ramila Chanisheff, president of AUTWA, in a statement.
“Kmart is a go-to store for so many people in Australia. If the company has profited in any way from this sort of systematic repression, I am sure Australians would be horrified.”
Jennifer Kanis, the principal lawyer representing AUTWA from Maurice Blackburn, said this is the first case seeking to hold Australian retailers accountable for forced labour in their supply chains, and urged Kmart to be transparent.
“Kmart tells customers that it supports ethical sourcing and the protection of human rights – but we know there are credible links between two of its factories/suppliers and the use of Uyghur forced labour in Xinjiang,” she said.
“Documents will be sought from Kmart to determine whether Kmart engaged in misleading and deceptive conduct about the use of Uyghur forced labour… and the Court will be asked to compel Kmart to hand over information about what due diligence it has conducted on suppliers with links to Xinjiang.
Kmart Says It Provides Details of Factories, Sourcing
Kmart has denied the AUTWA’s allegations, saying it was disappointed the group took the legal action, and that it “invited the AUTWA to meet” with them several times.
“Kmart has been in correspondence with the applicant’s lawyers for over 12 months and has provided extensive details of our Ethical Sourcing Program,” a spokesperson for the Wesfarmers-owned retailer told The Epoch Times.
“For over 15 years, we have had in place an Ethical Sourcing Program, which helps us to identify and mitigate modern slavery risks, including the risk of forced labour, in our operations and supply chains.
“Suppliers in the Kmart Ethical Sourcing Program are regularly monitored through activities including our site visits, audit programs and investigations if we receive any reports or complaints of concern,” they said.
“We encourage any organisation to raise its concerns with us, so we can investigate in line with our policy and commitments.”
Kmart’s website has details on its stance on slavery and a list of where it sources products.
Weaknesses in Australian Laws Highlighted
Freya Dinshaw, the associate legal director of Human Rights Law Centre, which is representing AUTWA along with Maurice Blackburn, said that the case highlights some of the weaknesses in Australia’s modern slavery laws.
“It shouldn’t be left to members of the public to take companies to court and force them to open their books where there are suspicions of links to modern slavery,” said Dinshaw.
“Australian companies should be legally required to investigate and prevent forced labour in their supply chains and face hard consequences if they don’t. Australia should also follow the example of other countries like Canada and the U.S. and ban imported goods made with forced labour, so they don’t end up on our shop shelves.”
Protestors attend a rally for the Uyghur community at Parliament House on March 15, 2021 in Canberra, Australia. Sam Mooy/Getty Images
The United Nations and human rights organisations have long accused the ruling Chinese Communist Party of crimes against humanity and possible genocide against Uyghurs and other predominantly Muslim ethnic groups in China’s Xinjiang region.
Unlike the United States and several European nations, Australia has yet to enact laws banning goods tied to the abuse of Uyghurs and other Muslim minorities, despite repeated calls from human rights groups and a Senate inquiry recommending action.
