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British clothing retailers trading in goods used for forced labour face prosecution

Posted on by Dsen .N
British clothing retailers trading in goods used for forced labour face prosecution

The landmark case means British fashion retailers will be held accountable for forced labour in their supply chains. Source: Shutterstock.

The landmark case means that if a British clothing retailer knowingly or with suspicion imports goods that have been produced in circumstances that constitute a criminal offence, such as through the forced labour of Uighurs, they could be charged under the Proceeds of Crime Act for dealing in property derived from crime.

The Global Legal Action Network (GLAN), which brought the case to the appeals court together with the World Uyghur Congress (WUC), said it was the “world’s first case” involving Uyghur forced labour, with the aim of “effectively disrupting supply chains that are complicit in the ongoing genocide of Uyghurs and other Turkic peoples in East Turkestan/Xinjiang, China”.

GLAN said: “Companies must get their supply chains in order now or risk criminal prosecution.”

The organisation added that the case concerns an alleged failure by the UK’s National Crime Agency (NCA) to investigate companies suspected of importing and trading cotton used for forced labour.

GLAN and WUC hope the quashed decision will lead to a full investigation into imports from the Uyghur region and a commitment from the NCA to stop contaminated goods entering the UK market.

Dearbhla Minogue, Senior Legal Officer at GLAN, commented: “This prosecution has played a crucial role in recognising the mass atrocities committed by the Chinese government against Uyghurs and other Turkic Muslims, and in bringing to justice those complicit in or benefiting from these crimes.

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“There is a large body of evidence that British companies are importing cotton from China that has been produced using forced labour. Following this ruling, we expect the National Crime Agency to investigate and prosecute where appropriate to prevent cotton produced using forced labour from flooding the UK market.”

GLAN solicitor Leanna Burnard added: “This judgment is a landmark moment for supply chains that profit from forced labour and other crimes. If companies know or suspect they are trading in the proceeds of crime, they are committing a crime every time they transfer these goods. We hope this means an end to the UK market being used to launder the profits of mass atrocities and that UK shoppers can expect that their purchases will no longer support the suffering of others.”

WUC UK director Rahima Mahmut said: “We now urgently call on the government to implement tougher laws.”

In April 2024, the European Parliament approved rules that will ban the sale, import and export of goods produced using forced labour within the EU from 2027.