3 | Human rights risks and challenges 3.2 Rights-holders (a) Risks for workers (including in supply chains) Strong labour and work health and safety laws are in place in both countries. In 2018, the Australian government introduced the Modern Slavery Act 2018 (Cth) (Modern Slavery Act), which requires that certain entities, including businesses with an annual turnover of AUD$100 million or more, publish annual reports outlining the risks of modern slavery in their operations and supply chains, and the actions they are taking to address those risks. FIFA may have reporting obligations under the Australian Modern Slavery Act through its local operating entity. Aotearoa New Zealand has not yet introduced equivalent legislation which places a positive/ reporting obligation on businesses, although the NZHRC has advocated for legislation of this kind for some time. In 2019, in Aotearoa New Zealand’s Third Universal Periodic Review Cycle, it was recommended that New Zealand consider introducing legislation requiring businesses to report publicly on transparency in supply chains, to eliminate practices of modern slavery. The New Zealand Government accepted this recommendation and has committed to a plan of action against forced labour, people trafficking and slavery.42 Against this backdrop, the risks of labour exploitation in FIFA and its local entities’ supply chains and working conditions in its operations are recognised as key issues to be addressed. ‘Modern slavery’ is an umbrella term used to describe situations where offenders use coercion, threats or deception to exploit victims and undermine their freedom. Practices that constitute modern slavery can include human trafficking, slavery, servitude, forced labour, debt bondage, kafala system sponsorship (particularly in the Gulf states), forced marriage, and the worst forms of child labour.43 It can also include forceful confiscation of workers’ passports or threats to revoke visa sponsorship. Importantly, the definition of modern slavery in the Australian Modern Slavery Act does not include the underpayment of wages or other poor working conditions, which are nonetheless relevant to FIFA’s responsibilities under the UNGPs. 20 One of the key risks for FIFA and its local entities in this regard is the sub-standard treatment of workers within their supply chains. This is particularly the case where there is a lack of visibility of the employment arrangements and practices of suppliers and sub-contracted entities operating at tournament locations or providing support services, where such practices may be in contravention of labour laws. Migrant workers—Pre-COVID-19, temporary migrant workers made up approximately 11% of the workforce in both Australia44 and Aotearoa New Zealand. Research indicates that such workers are less likely to assert their rights for many reasons. They include: a lack of awareness of their rights and available remedies; cultural and language barriers; and fear of reprisals, such as being reported to the immigration authorities and risking penalties or cancellation of visa rights.45 Migrant workers are more at risk of exploitation through practices such as excessively long working hours, being underpaid or not paid, having their minimum employment rights ignored, and being subjected to threats or harm.46 If migrant workers are working without valid visas and receive a work-related injury, they may not seek health care for fear of deportation or other legal consequences. In addition, risks of human trafficking and forced labour or domestic servitude may arise in the context of international arrivals bringing domestic labourers with them under conditions that breach human rights standards. Exploitation can occur before an overseas worker has left their home country, for example in contexts where an employer asks the worker to pay excessive fees to facilitate immigration and visas. Once the worker arrives in the country of employment, workers are forced to pay off their significant debt to the employer often in exploitative conditions. Aotearoa New Zealand has introduced the Migrant Exploitation Protection Visa, which is intended to ensure migrants can quickly leave exploitative situations and lawfully remain in Aotearoa New Zealand.47