Kmart is currently facing a legal challenge in the Federal Court of Australia, initiated by Australian Uyghurs.

Kmart is currently facing a significant legal challenge in the Federal Court of Australia, filed by the Australian Uyghur Tangritagh Women’s Association (AUTWA). The association is seeking documents to ascertain whether Kmart engaged in misleading and deceptive conduct concerning the potential use of Uyghur forced labor by some of its clothing suppliers.

Legal Action Details

In August, AUTWA submitted an application to the Federal Court to compel Kmart to produce documents. These documents are intended to demonstrate Kmart's knowledge regarding two of its suppliers' connections to the Xinjiang Autonomous Uyghur Region of China.

The legal action was launched following Kmart's repeated refusals to provide the requested information to AUTWA.

Statements from Representatives

Ramila Chanisheff, President of AUTWA, stated that the legal challenge is significant for the Uyghur community.

"She emphasized the demand for answers from Kmart to verify if its actions align with its stated commitments to address forced labor risks within its supply chain."

Chanisheff also noted the documentation of China's mass imprisonment, repression, and forced labor of Uyghur people. She highlighted the community's experience of losing family members due to China's treatment of Uyghurs.

Jennifer Kanis, a principal lawyer at Maurice Blackburn, described the hearing as the first of its kind. She stated it aims to establish accountability for Australian retailers concerning the risk of forced labor involving Uyghur people in supply chains.

Kanis stated that while Kmart promotes ethical sourcing and human rights protection, credible links exist between two of its suppliers and the use of Uyghur forced labor in Xinjiang.

"Kmart possesses the information necessary for AUTWA to assess potential misleading conduct by the company and has consistently refused to provide these documents over a period exceeding 12 months."

Kanis underscored the importance of Kmart's transparency regarding its potential links to Uyghur forced labor and the court's role in compelling the disclosure of due diligence information.

Kmart has been contacted for comment regarding these proceedings.