Committee on the Elimination of All Forms of Discrimination against Women (CEDAW), United Nations Office on Drugs & Crime (UNODC), https://www.afp.gov.au/what-we-do/crime-types/human-trafficking, https://www.homeaffairs.gov.au/about/crime/human-trafficking, https://www.dss.gov.au/our-responsibilities/women/programs-services/reducing-violence/anti-human-trafficking-strategy. Available from: Industrial Relations Act 1979 – Sect 7, “employee […] does not include any person engaged in domestic service in a private home unless — (e) more than 6 boarders or lodgers are therein received for pay or reward; or (f) the person so engaged is employed by an employer, who is not the owner or occupier of the private home, but who provides that owner or occupier with the services of the person so engaged”, Available from: https://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_454_homepage.html. While the true extent of the issue remains unknown, of the 169 modern slavery referrals received by the AFP in 2015/16, 69 referrals referred to forced marriage. Mc Killiop, C 2017, ‘Shocking exploitation of workers prompts renewed calls for national crackdown on dodgy labour hire companies’. The scheme will be run by an independent Labour Hire Licensing Authority which will monitor compliance with the scheme.81 At the time of writing, the bill had passed the First House (Legislative Assembly).82 The state of Queensland passed the Labour Hire Licensing Act 2017 in September 2017. Joint Standing Committee on Foreign Affairs, Defence and Trade, 2017. This will contribute to an environment where slavery, slavery-like practices, human trafficking, debt bondage and exploitation in many industries can flourish. Human trafficking in Australia is illegal under Divisions 270 and 271 of the Criminal Code (Cth). Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. Hedwards, B, Andrevski, H & Bricknell, S 2017. A report published in 2010 suggests that 20% of AFP investigations and assessments involved allegations of exploitation in contexts other than the sex industry. According to the United Nation’s Office on Drugs and Crime 1 , people from 136 different countries were trafficked into 118 different countries between 2007 and 2010. The largest sectors represented are the banking sector (5) and the commercial and professional services (5), followed by the materials sector (4).95. Successive Australian governments have invested heavily in efforts to combat people smuggling and human trafficking in Southeast Asia. Amendments to the Criminal Code were made in 2005 to implement the Protocol. The Attorney-General’s Department (now Department of Home Affairs) held a national consultation process with business and civil society to refine the legislative model proposed by the government.106 The Australian government has committed to introduce a modern slavery bill to Parliament by mid-2018 with the aim to pass legislation by end of 2018.107, The 2018 New South Wales Modern Slavery Act also includes supply chain transparency provisions, requiring commercial organisations with an annual turnover of AU$50 million to release annual statements on the actions they are taking to ensure their goods and services are not a product of supply chains in which modern slavery is taking place. It is important to differentiate between highly skilled and sought after temporary migrants (who are usually less vulnerable to exploitation) and less-skilled migrants coming to Australia from countries where work opportunities may be scarce and where wages are typically low. Those that enter Australia on a formal domestic worker visa program are generally tied to their employer through their visa which can also increase risk of exploitation.58, Young people aged between 16 to 18 years are the most at risk of child, early, or forced marriage in Australia, with most cases involving family members.59 Current policy responses to forced marriage have grown out of the national anti-trafficking response in Australia, which place an emphasis on criminal justice. The Australian Interdepartmental Committee on Human Trafficking and Slavery coordinated the government's anti-trafficking efforts. It is expected that trafficking in persons will increase in times of economic recession. Anti-trafficking campaigners say human trafficking is thriving in Australia, with women brought from Asia forced to work in the sex industry. The statistics contained on this website are based on aggregated information learned through signals -- phone calls, texts, online chats, emails, and online tip reports -- received by the Trafficking Hotline. Victorian Legislation and Parliamentary Documents 2017. In August 2005, the relevant trafficking legislation underwent significant reform and a range of new offences were created under the Criminal Code Amendment (Trafficking in Persons Offences) Act … horticulture, meat processing and cleaning industries), similar to the schemes in Queensland, Victoria, and South Australia. Available from: Bali Process Government and Business Forum 2017, Macedonia, the former Yugoslav Republic of, https://wikirate.org/UK_Modern_Slavery_Act_Research, http://aic.gov.au/media_library/publications/rr/002/rr002.pdf. Since 1999, the Australian government has strengthened law enforcement tools to investigate and prosecute these cromes. See https://wikirate.org/Wesfarmers_Limited?filter%5Bmetric_value%5D=all&filter%5Bproject%5D=UK+Modern+Slavery+Act+Research for more details. Permanently unlink support pathways for forced marriage victims from mandatory engagement with law enforcement. Some businesses have subsequently updated and improved their statements, and the updated statement will be included in the next iteration of the research. Under the amended definition, a person under the age of 16 is presumed to be incapable of understanding the nature and effect of a marriage ceremony. Knowles, G 2014, ‘Employers on notice over visas’. See https://wikirate.org/Westpac_Banking_Group?filter%5Bmetric_value%5D=all&filter%5Bproject%5D=UK+Modern+Slavery+Act+Research for more details. The inquiry found that most of the women trafficked into Australia are recruited from South East Asia and China for the sex industry. Investment design – progress to date. The foreign workforce reportedly entered Australia lawfully but had overstayed their visas.19 There were indicators that the workers identified during the raid were victims of forced labour. These statements vary in quality, with some companies including comprehensive information on their response to modern slavery in supply chains all the way through to statements that have not been signed by a CEO or Director. Doherty, B. See www.wikirate.org. Ensure the Modern Slavery Act includes provisions that subjects the Australian government to the same reporting requirements as private businesses. All statements analysed by the project can be found on the relevant business page at https://wikirate.org/UK_Modern_Slavery_Act_Research. This is supported by the fact that so far, most identified cases of modern slavery in Australia have involved migrants, although Australian citizens have also experienced exploitation. Berkovic, N 2015, ‘Indian cook wins $200,000, kept as slave at Sydney restaurant’. ‘Raid on illegal workers in WA’s South West’ 2017. “Ever since UNODC started collecting statistics on human trafficking 15 years ago, women and girls have consistently represented the majority of reported victims,” says Zoi Sakelliadou, a UNODC Crime Prevention and Criminal Justice Officer, who coordinated the development of … While the scale of forced labour is difficult to determine, a few cases have come to light in the agriculture industry. Australia is committed to a future where no one is a victim of human trafficking or slavery, and the Twenty-five Australian companies have released 35 statements to date, with 10 companies having released statements for both financial year 2015-6 and 2016-7. Similar to the proposed bill in Victoria, the Act establishes a mandatory labour hire licensing scheme for operators in Queensland to protect labour hire workers from exploitation. This may encompass providing a spouse in the context of forced marriage, or the extraction of organs or tissues, including for surrogacy and ova removal. The Commonwealth laws that deal with human trafficking offences in Australia are the Crimes Act 1914 (Cth) and the Criminal Code 1995 (Cth). In November 2015, the passing of the Crimes Legislation Amendment Powers, Offences and Other Measures) Act 2015 further strengthened the offence of forced marriage, which was first introduced in 2013.61 The amendments reflect the understanding and interpretation of forced marriage as a slavery-like practice, expanding the definition to include circumstances in which one or both parties do not freely and fully consent to the marriage because he or she is incapable of understanding the effect and nature of a marriage ceremony, for reasons such as age or mental capacity. It provides a global picture of the data available from official statistics on trafficking in persons, and supplements this with data from international organizations and NGOs. For a detailed methodology of how these products were identified, please refer to Appendix 3 in the 2018 Global Slavery Index report. There are important distinctions between people smuggling, and trafficking, with the former involving the illegal migration of people across borders. Australia has this week made major strides to tackle human trafficking, modern slavery, and forced labor in the region. Pass the proposed national Modern Slavery Act by end of 2018. E Pearson, ‘Australia’ in, Collateral Damage: The Impact of Anti-Trafficking Measures on Human Rights around the World (2007) 28, 29. This issue is currently being addressed through a Ministerial review of the Industrial Relations System in Western Australia. The statements analysed by the Modern Slavery Act Project were the most recently available statements at the time the research was conducted – in most cases, this would be the 2016 statement. The Commissioner will advocate and promote action for modern slavery, make recommendations and provide information, training and advice, monitor the government’s response, and cooperate with government and non-government agencies.68 The legislation also includes supply chain transparency provisions and a central repository for housing statements produced by commercial entities under these provisions.69, The Fair Work Act 2009 provides a set of minimum employment standards and workplace protections and empowers the Fair Work Ombudsman to investigate suspected breaches of these standards.70 In September 2017, the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 was passed in both Houses of Parliament. Design and deliver mandatory training for procurement officers which should also cover identifying the risk of modern slavery in supply chains and taking appropriate measures to address this issue where necessary. The top five imported products at risk of modern slavery were identified from an original list of 15 products considered at risk of modern slavery. Australia is a destination country for trafficked persons. According to news reports, authorities detained about 130 foreign nationals and arrested the owners of the worksite, the brothers Michael and Cahn Le, and several co-accused on multiple offences, including harbouring unlawful citizens. Hedwards, B, Andrevski, H & Bricknell, S 2017. Australian Institute of Criminology. The key priority areas included ethical recruitment, transparency in supply chains, incentives, and safeguard and redress mechanisms. The proposed legislation will require all labour hire service providers to hold a license which can be obtained through demonstrating compliance with workplace and labour hire laws, as well as minimum accommodation standards. That is not to say that sex trafficking is not an issue in Australia. Some of the contributing factors worldwide are increasing poverty, the impact of globalisation on developing countries, decreasing workers’ rights, demand for exploitable labour in wealthy countries, lack of legal immigration opportunities, natural disaster, war, government corruption and the lack of an effective response to these human rights violations. Establish a national Independent Anti-Slavery Commissioner as part of the proposed Modern Slavery Act. Australia is well known as a destination country for victims of trafficking, particularly people from Thailand, Malaysia, the Philippines and Korea. Although trafficking involves movement of people it does not necessarily occur across national borders and must involve exploitation of the victim and, at least where the victims are adults, an element of force, deception or abuse of power. As Australia opens up to free trade markets with weakened worker protections in their home countries, the demand for cheap labour, products and services will continue to intensify. As Australia opens up to free trade markets with weakened worker protections in their home countries, the demand for cheap labour, products and services will continue to intensify. Implement a support services model that is tailored to the specific needs of individuals impacted by or facing forced marriage, including social and accommodation support services. Extend the Fair Work Act to cover all workers in all states so that domestic workers have full access to legal rights and remedies under Australian law. Reilly, A 2012. The Hon Julie Bishop MP, The Hon Peter Dutton MP & The Hon Michael Keenan MP 2016. Human trafficking is the trade of humans at a large scale. This will contribute to an environment where slavery, slavery-like practices, human trafficking, debt bondage and exploitation in many industries can flourish. Department of Immigration and Border Protection 2016. To date, over 400 statements have been assessed by university students at Columbia University, ESCP Europe Business School, Johns Hopkins University, University of Nottingham, and the University of Western Australia. Examples of Human Trafficking & Slavery in Australia 2014, an Australian Institute of Criminology study revealed the exploitation of women coming to Australia as spouses and being used as slaves. The amendments also increased the penalties for those offences.62, The current legal framework requires victims or people at risk of forced marriage to engage with federal law enforcement to be eligible for assistance under the government’s STPP. We might not want to believe it, but human trafficking and slavery happens in Australia. Labour exploitation in the Australian construction industry: risks and protections for temporary migrant workers. National Children’s and Youth Law Centre 2013. See https://wikirate.org/Telstra_Corporation_Limited?filter%5Bmetric_value%5D=all&filter%5Bproject%5D=UK+Modern+Slavery+Act+Research for more details. Table 1 lists the top five products (according to US$ value) imported by Australia from countries which are at risk of using modern slavery in the production of these goods.38, Australia sources 73 percent (amounting to about US$ 7.0 billion) of its laptops, computers and mobile phones imports from China and Malaysia. 2017. However, this cooperation requirement increases vulnerability as it acts as a significant deterrent for people at risk of forced marriage to report their concerns. Polaris’s groundbreaking typology report dug deeper to break those broad categories down into what they truly are in North America- 25 distinct business models, … Human trafficking and slavery are against the law. The number of people trafficked into Australia is unknown. Introduce a federally harmonised labour hire licensing scheme for labour hire companies operating in sectors where vulnerability of workers is known to be high (e.g. Don't miss out on the latest ACRATH news. Strategies for action will be suggested and discussed at the next Bali Process Conference in August 2018.112, An Iranian detainee walks back to her room at Christmas Island Detention Center, Photo credit: Paula Bronstein/Getty Images, Imports of products at risk of modern slavery to Australia. Clarke, T 2018, ‘Long-winded Carabooda trial abandoned after eight months’. ACRATH is proud to be a member of this network. (www.antislavery.org.au). Department of Economic Development, Jobs, Transport and Resources, 2017. Both countries have a large electronics manufacturing industry that has been accused of exploiting workers.39 Over 70 percent of Australia’s imported clothes are sourced from countries where the apparel industry is considered at risk of using modern slavery. queensland 6:48pm Apr 10, 2019 Firearm parts destined for bikies seized Therefore, the most recent available figures are those for financial year 2015/16. In September 2005, Australia ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which supplemented the United Nations Convention against Transnational Organized Crime. Low-skilled temporary migrant workers are vulnerable to forced labour exploitation, starting with exploitation by those who facilitate their journey to Australia.44 The charging of fees by migration agents or labour brokers (on- and offshore) who organise visas or jobs for potential migrants is common and may mean that migrants arrive in Australia with large debts that need to be repaid.45 Cases of “rogue” labour hire companies that are often part of an opaque sub-contracting network exploiting vulnerable workers have been reported.46 This includes underpayment, non-payment of entitlements, such as leave or superannuation, and sub-standard accommodation in industries such as agriculture,47 meat processing,48 and construction.49, Once migrant workers have arrived in Australia, cultural and language barriers, limited knowledge of workplace laws and standards in Australia, and the reliance on employers who sponsor their temporary visas can further make them susceptible to modern slavery.50 Financial difficulties exacerbated by restricted work entitlements, the temporary nature and type of work, and a general fear of authorities due to risks associated with non-compliance of visa requirements contribute to vulnerability.51 For example, workers in the government-run Seasonal Worker Programme (SWP) are dependent on their employers who sponsor their visas to come over to Australia, thus increasing worker’s vulnerability to abuse.52 Although the program requires employers to be approved by the Australian government, recent reports have revealed exploitation, including severe underpayment, substandard accommodation, unfair wage deductions, long working hours, and lack of health care access.53 The recent case of a Tongan national who fell ill and died in the hostel where he was staying while picking fruit on a farm is currently being investigated by the Queensland coroner.54, Domestic workers in both diplomatic and non-diplomatic households are highly vulnerable to modern slavery due to the hidden nature of their work and the power imbalance between the worker and the employer, which reinforces the employer’s ability to exploit and abuse their domestic workers.55 In the case of domestic workers in diplomatic households, the power imbalance is particularly prominent due to the employer’s high social status which also acts as a disincentive for the domestic worker to take action to change his or her situation.56 Diplomatic immunity further complicates any attempts to investigate cases of forced labour.57 Additionally, the majority of domestic servitude victims reportedly do not come to Australia through a formal visa program, instead entering on tourist visas or other visa categories that are not subject to employer compliance monitoring. The 2000 Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, … Ten of those individuals were convicted of slavery offences, six of servitude offences, and four of human trafficking offences, two of which involved trafficking of children. For more information, please refer to the “Modern Slavery in cocoa agriculture in Ghana and Côte d’Ivoire” chapter and Appendix 3 in the 2018 Global Slavery Index report. According to the inquiry report, traffickers facilitate the women's entry to Australia by a range of fraudulent means, including providing visas (usually student or holiday visas), false passports … Joint Standing Committee on Foreign Affairs, Defence and Trade 2017, Hidden in Plain Sight: An inquiry into establishing a Modern Slavery Act in Australia, Parliament of the Commonwealth in Australia, December. In the 2015/16 financial year, 68 out of a total of 80 clients on STPP were foreign citizens, with the main countries of citizenship being India, the Philippines, Thailand and Afghanistan.43, The risks facing temporary migrant workers are a result of a combination of the inherent vulnerabilities associated with being a temporary migrant and the characteristics of the industry in which temporary migrants tend to work. Until then, slaveholders and human traffickers will continue to operate with impunity. The legislation states that statements may include details on the organisation’s structure, its due diligence processes, any risks related to modern slavery, and any training available to employees. Human trafficking not only involves sex and labor, but people are also trafficked for organ harvesting. [13] Eighty percent of North Koreans who escape into China are women.Nine out of 10 of those women become victims of human trafficking, often for sex.If the women complain, they are deported back to North Korea, where they are thrown into gulags or are executed. It commonly involves one person controlling another person and exploiting them for work such as sex or forced labour. Simmons, F & Burn, J 2013. As a result of the findings of the state of Victoria’s “Inquiry into the Labour Hire Industry and Insecure Work”, the Victorian government introduced the Labour Hire Licensing Bill 2017 in December 2017, seeking to protect labour hire workers from being exploited and underpaid. The legislation also has the potential to substantially improve the lives of the men, women and children who have experienced human trafficking and slavery in Australia. Human trafficking is a devastating criminal atrocity that forcefully deprives a person of their freedom for the material benefit of another. Schliebs, M. 2018, ‘Forced marriage law rarely used’. According to the Parliament of Australia, although the number of people trafficked in Australia is currently unknown, it is estimated that 300 to 1,000 women are trafficked in Australia annually. ‘Hungry, poor, exploited: alarm over Australia’s import of farm workers’. However, sexual exploitation is likely the most common form of modern slavery identified to date because until 2013 the Australian legal framework only criminalised the offences of sexual servitude and deceptive recruiting for sexual services. Trafficking is a relatively high profit, low-risk crime. ‘Without Consent: Forced Marriage in Australia’. To this day, there have only been two prosecutions, including one conviction, involving charges relating to labour trafficking in Australia. Côte d’Ivoire and Ghana are the largest cocoa producing countries globally41 and both have been under scrutiny for using forced labour in the growing and harvesting of cocoa.42, Migrants are particularly vulnerable to modern slavery in Australia. The Australian government has committed to introduce a modern slavery bill to Parliament by mid-2018 with the aim to pass legislation by end of 2018.66, In June 2018, the New South Wales Parliament approved the New South Wales 2018 Modern Slavery Act. Australian Foreign Minister Marise Payne revealed on Tuesday that Australia had joined the United Nations’ Blue Heart Campaign, a global initiative working to raise awareness and curb the “heinous crime” that is human trafficking on a national, regional, and global level. The people who commit human trafficking offences are motivated by the continuing exploitation of their victims once they reach their destination country. Human trafficking is considered the second largest source of illegal income, behind the illegal drug trade. There are no national data reporting the number of identified victims of modern slavery.1 Currently, the Australian government provides data through several core agencies, such as the Australian Federal Police (AFP), the Red Cross who is the service provider of the Support for Trafficked People Program (STPP), and the Commonwealth Director of Public Prosecutions (CDPP).2 The AFP received 169 new referrals of alleged human trafficking and slavery-related offences during the 2015/16 financial year.3 Sixty-nine of these offences related to forced marriage, 39 related to sexual exploitation, 36 concerned labour exploitation, and the remainder of referrals related to other forms of human trafficking and slavery.4 Since 2004, the CDDP prosecuted 19 individuals for modern slavery offences. What is human trafficking? The government is also considering providing a free, publicly accessible central repository where all modern slavery statements would be listed and a list of businesses that are required to report. Estimates given to a 2004 parliamentary inquiry into sexual servitude in Australia ranged from 300 to 1000 trafficked women annually. Global Report on Trafficking in Persons - This is UNODC's first comprehensive report on criminal justice statistics related to human trafficking from around the world. Human Trafficking is different to People Smuggling: 1. As of April 2017, six human trafficking and slavery matters were still before the court.5 In February 2018, the Australian government announced that it will generate a national estimate for modern slavery for the first time.6. See for example: Issara Institute and International Justice Mission 2016. See https://wikirate.org/Qantas_Airways?filter%5Bmetric_value%5D=all&filter%5Bproject%5D=UK+Modern+Slavery+Act+Research for more details. In addition to work about trafficking into Australia, in 2002 we began working internationally as part of the China-Australia Human Rights Technical Cooperation Program (HRTC) to undertake cooperative, multi-stage work on anti-trafficking in women and children with the All-China Women's Federation (ACWF) and its provincial branches. Trafficking is a serious human rights violation globally and a crime here in Australia. These persons are seeking to migrate to improve their lives and the socio-economic status of their families. These situations involved 22,326 individual survivors; nearly 4,384 traffickers and 1,912 suspicious businesses. Red flags included workers being housed in sub-standard accommodation,20 illegal pay deductions for rent,21 situations of debt bondage,22 and pay below the minimum wage.23 The trial began in October 2017 and was abandoned after eight months in May 2018, resulting in no convictions.24 Also in WA, in 2017, the government taskforce Cadena carried out one of the largest raids in Pemberton in nearly three years as a result of which 45 foreign workers were reportedly detained in immigration detention.25 Based on information from media reports, the Pemberton workers were exploited, showing multiple indicators of modern slavery, including receiving little or no payment, pay deductions for accommodation, and being housed in poor or substandard conditions.26, Cases of exploitation of domestic workers continue to be reported, with reports in early 2018 of domestic workers who had endured and escaped conditions of modern slavery in diplomatic households in Canberra.27 Individuals experience withholding of passports, working excessive hours, low wages, threats to themselves or their family, as well as restriction on their movement.28, According to the Australian government’s most recent data, the majority of modern slavery victims identified by authorities to date (end of financial year 2015/16) have been women from Asia who have been exploited within the sex industry.29 In financial year 2015/16, 39 of 169 referrals to the AFP related to forced sexual exploitation.30 Sex trafficking of migrant women also accounts for the majority of prosecutions in Australia.31 In September 2017, a Malaysian woman was found guilty of trafficking a friend to Australia and forcing her to work as a sex worker in Perth.32 This is the first time an investigation, prosecution, and conviction for trafficking have all occurred in WA. There are reports that some cases of forced sexual exploitation involve partner migration visas, where female migrants are tricked into sham marriages and then forced into sexual exploitation or domestic servitude. Australian Lawyers for Human Rights 2018. The Global Slavery Index 2018 estimates that on any given day in 2016, there were 15,000 living in conditions of modern slavery in Australia, a prevalence of 0.6 victims of modern slavery for every thousand people in the country. People Smugglingis the organised, illegal movement of people across borders, usually on a payment for service basis. Like slavery in the past, human trafficking is a business that has generated millions of dollars every… For up to date and accurate information about trafficking in Australia check the following web sites: ACRATH is a registered charity with the Australian Charities and Not-for-profit Commission (ACNC). 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