Business and Human Rights Resource Centre 2018, See https://wikirate.org/Rio_Tinto?filter%5Bmetric_value%5D=all&filter%5Bproject%5D=UK+Modern+Slavery+Act+Research for more details. A person who commits these crimes can go to jail, whether they are a man or a woman. We might not want to believe it, but human trafficking and slavery happens in Australia. 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. It is expected that trafficking in persons will increase in times of economic recession. WikiRate has developed an open access research platform that allows anyone to systematically gather and report publicly available information on corporate Environmental, Social and Governance (ESG) practices. However, much remains to be done to address root causes, engage community and empower victims in their quest for social justice. This issue is currently being addressed through a Ministerial review of the Industrial Relations System in Western Australia. While the scale of forced labour is difficult to determine, a few cases have come to light in the agriculture industry. A Queensland couple are charged with human trafficking after allegedly keeping a Fijian woman as a servant. Ensure the Modern Slavery Act includes provisions that subjects the Australian government to the same reporting requirements as private businesses. 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. 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. 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. This will contribute to an environment where slavery, slavery-like practices, human trafficking, debt bondage and exploitation in many industries can flourish. 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. ‘Hungry, poor, exploited: alarm over Australia’s import of farm workers’. Speech by Assistant Minister for Home Affairs, The Hon Alex Hawke MP, held on 15 February 2018 at Parliament House in Canberra, Australia. 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. 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. 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. In 2014, a multi-agency government taskforce raided a market garden property in Carabooda, Western Australia (WA). Policy-makers, businesses, and consumers must become aware of this risk and take responsibility for it. Human trafficking is considered the second largest source of illegal income, behind the illegal drug trade. Mc Killiop, C 2017, ‘Shocking exploitation of workers prompts renewed calls for national crackdown on dodgy labour hire companies’. Introduce a free, publicly accessible central repository where all modern slavery statements would be listed as part of the business reporting requirement of the proposed Modern Slavery Act. 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. Permanently unlink support pathways for forced marriage victims from mandatory engagement with law enforcement. However, this cooperation requirement increases vulnerability as it acts as a significant deterrent for people at risk of forced marriage to report their concerns. Australia has this week made major strides to tackle human trafficking, modern slavery, and forced labor in the region. The key priority areas included ethical recruitment, transparency in supply chains, incentives, and safeguard and redress mechanisms. The 2000 Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, … 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 f… Human traffickingis the physical movement of people across and within borders through deceptive means, force or coercion. 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. 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. E Pearson, ‘Australia’ in, Collateral Damage: The Impact of Anti-Trafficking Measures on Human Rights around the World (2007) 28, 29. While law enforcement has an important role to play in responding to forced marriage, policies and programs which assume that forced marriage is first and foremost a law enforcement issue can increase vulnerabilities by failing to meet the needs of victims — for example, some victims will not want to report their parents or relatives to the police.60, Australia has criminalised human trafficking, slavery and slavery-like practices, including servitude and forced labour, in Division 270 and 271 of the Criminal Code. 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. Interdepartmental Committee on Human Trafficking and Slavery 2016. 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. 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. Human trafficking and slavery are against the law. Visit the Talitha Kum website. “Trafficking in Persons”… mean[s] the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another perso… 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. As above., Doherty, B. 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. 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. The final report on Establishing an Australian Modern Slavery Act by the Joint Standing Committee on Foreign Affairs, Defence and Trade recommended introducing a new requirement to ensure the Australian government act as a model leader and procure goods and services only from businesses that comply with the modern slavery reporting requirement.89 This is reflected in the New South Wales Modern Slavery Act. 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. 2. Investment design – progress to date. Hedwards, B, Andrevski, H & Bricknell, S 2017. 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. Australian Lawyers for Human Rights 2018. 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 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. [26 February 2018]. To this day, there have only been two prosecutions, including one conviction, involving charges relating to labour trafficking in Australia. However, in WA, where the Act has limited scope, domestic workers employed by individuals are specifically excluded from industrial relations protection.75 This leaves domestic workers in WA with very limited protection76 as they are dependent on common law contracts for any legal rights.77 The Australian government has not ratified ILO Convention 189 concerning decent work for domestic workers, which, if ratified, would further strengthen protections for domestic workers and close critical gaps in Australia’s legal framework, such as those in WA.78 In the case of domestic workers in diplomatic households, employers are protected by diplomatic immunity which further hinders investigation by law enforcement.79 Following revelations of severe abuse of domestic workers by diplomats in Australia’s capital Canberra in 2018, unions urged the Australian government to revoke diplomatic immunity for foreign diplomats who exploit their domestic workers.80. Estimates given to a 2004 parliamentary inquiry into sexual servitude in Australia ranged from 300 to 1000 trafficked women annually. The Australia-Asia Program to Combat Trafficking In Persons (AAPTIP), Australia's flagship counter-trafficking program, is set to conclude in 2018.. DFAT is finalising the design of a new counter-trafficking investment to follow AAPTIP. These include Telstra,98 Qantas,99 Wesfarmers,100 and Ashurst LLP,101 among others. Other statements are less detailed, as they provide information on relevant policies and due diligence processes, may identify some risks, but do not include information on their supply chains. Joint Standing Committee on Foreign Affairs, Defence and Trade, 2017. 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. 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. This business-government initiative was developed to encourage cooperative efforts in the Indo-Pacific region to combat modern slavery and human trafficking.111 The forum brought together business leaders and government officials to examine how government and business can best work together to develop effective strategies and policies to prevent and respond to this crime. 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). 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. Therefore, the most recent available figures are those for financial year 2015/16. While most of the individuals identified are in registered brothels, there are reports of Indigenous and migrant women and girls being trafficked for sex in informal settings across regional and remote Australia.33, Early and forced marriage has been noted as a growing concern in Australia. Don't miss out on the latest ACRATH news. 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. The threshold is lower than the AU$100 million proposed by the national legislation. Trafficking is a relatively high profit, low-risk crime. Nearly US$ 370 million worth of fish are imported by Australia from a range of countries, with the main share of fish imports originating from Thailand (US$ 223 million). 1 penalty unit is currently set at AU$110 in New South Wales. Available from: Joint Standing Committee on Migration 2016. The National Children’s Youth and Law Centre reported that between 2011 and 2013, 250 cases of child marriage were identified by research respondents.34 It is reported that most suspected cases of forced marriage have involved Australian citizens under the age of 18, with family members organising a marriage for them overseas without their full and free consent.35 To date, there have been no convictions under Australia’s forced marriage legislation,36 with only two cases reaching the courts in the last five years.37, While modern slavery clearly occurs within Australia, the realities of global trade and business make it inevitable that Australia, like many other countries globally, will also be exposed to the risk of modern slavery through the products it imports. Human Trafficking is different to People Smuggling: 1. Trafficking is a serious human rights violation globally and a crime here in Australia. Since 1999, the Australian government has strengthened law enforcement tools to investigate and prosecute these cromes. Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. [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. Berkovic, N 2015, ‘Indian cook wins $200,000, kept as slave at Sydney restaurant’. 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. See https://wikirate.org/Qantas_Airways?filter%5Bmetric_value%5D=all&filter%5Bproject%5D=UK+Modern+Slavery+Act+Research for more details. For more information, please refer to the Ministerial Review of the State industrial relations system website, Available from: Knaus, C 2018, ‘Revoke diplomatic immunity if officials mistreat domestic staff – unions’. Australia is well known as a destination country for victims of trafficking, particularly people from Thailand, Malaysia, the Philippines and Korea. If you are a victim of trafficking or know someone who … Trafficking-related legislation was first introduced in Australia in 1999 through amendments to the Criminal Code Act 1995. See for example: Issara Institute and International Justice Mission 2016. The Salvation Army, ACRATH, Uniting Church in Australia, FECCA 2017. The National Human Trafficking Hotline maintains one of the most extensive data sets on the issue of human trafficking in the United States. 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