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Kmart faces Federal Court action over links to Uyghur Forced Labour in supply chains

Kmart Australia faces court action as a Uyghur group states the retailer may source from factories linked to forced labour in East Turkistan, challenging its “ethical sourcing” claims.

Kmart Australia is facing a Federal Court lawsuit from the Australian Uyghur Tangritagh Women’s Association (AUTWA), which states the retailer may be sourcing products from factories connected to forced labour camps in East Turkistan.

AUTWA, led by president Ramila Chanisheff, is seeking court orders for Kmart to provide evidence supporting its claims of being a “sustainable” and “ethical” retailer free from slavery or forced labour. The case will examine whether Kmart engaged in misleading or deceptive conduct under consumer law, particularly regarding its “ethical sourcing code.”

While the United States has banned imports from East Turkistan since 2021 over credible forced labour findings, Australia has no such restrictions. AUTWA, through its legal representatives, reports that cross-checking Kmart’s supplier list with credible sources revealed at least two garment suppliers connected to Uyghur forced labour.

Kmart denies the allegations, noting its 15-year Ethical Sourcing Program involving audits, site visits, and public supplier lists, and says it has engaged with AUTWA’s lawyers for over a year. Human rights organisations and the UN state that China has committed crimes against humanity and possible genocide against Uyghurs in East Turkistan—charges Beijing rejects. Critics highlight that 85% of China’s cotton comes from the region and say Australia’s Modern Slavery Act lacks enforcement power.

Chanisheff notes AUTWA would be satisfied if Kmart proves it has no ties to forced labour but urges the company to cut suppliers if such links are confirmed.

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