Australian Responses to Human Trafficking

ACRATH February 2008 www.acrath .org.au

Trafficking, slavery & forced migration

Indigenous people Kanakas Pacific Islanders Modern day slavery

Trafficking
Trafficking in persons is a human rights violation Trafficking often results in other human rights abuses including:
Forced labour, slavery and slavery like practices Debt bondage Sexual assault, assault and imprisonment. Taking of body parts

Men, women and children are trafficked for a variety of purposes including sexual servitude, sweatshop labour and agricultural labour

GLOBAL ESTIMATES OF TRAFFICKING

Figures vary from 700 000 to 4 million people trafficking annually The US State Department Trafficking in Persons Report 2007 estimates between 600 000 to 800 000 men, women and children are trafficked across international borders each year International Organisation of Labour (ILO) 2005 report on Forced Labour estimated there are 12.3 million victims of forced labour worldwide and of that number, a minimum of 2.45 million are in forced labour as a result of trafficking

Trafficking in Australia
2007 US State Departments Trafficking in Persons Report lists Australia as:
a destination for women from Southeast Asia, South Korea, and the Peoples Republic of China (P.R.C) who are trafficked for the purposes of sexual exploitation. Increase in labour exploitation 457 visa scheme

There are different estimates about the extent of trafficking in Australia (Project Respect study: up to 1000 women under contract at any given time; Australian Governments Action Plan to Eradicate Trafficking in Persons states the number is less than 100. Australias response to trafficking has focused on the trafficking of women for sexual exploitation. Less is known about the trafficking of persons into other industries.

UN Trafficking Protocol
Article 3 of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children defines trafficking in persons as:
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 person, for the purpose of exploitation.

UN TRAFFICKING PROTOCOL
Exploitation includes, at a minimum:
the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

 Slavery is ownership of one person over another where all the rights of ownership are exercised. Forced labour not free to leave for fear of threat or harm.

Three Elements of Trafficking

1
PROCESS
Recruiting OR Harboring OR Moving OR Obtaining a person,

2
MEANS
Force OR Fraud OR Coercion OR Deception OR Abuse of a position of vulnerability

3
For theEND purposes of

Involuntary Servitude OR Debt Bondage OR Slavery OR Prostitution OR Removal of organs

PUONGTONG SIMAPLEE
Puontong Simaplee
Sold by her parents. In 1988 she was trafficked to Australia from a Thai or Malaysian brothel Discovered by Immigration Officials during raid on a Surry Hills brothel in 2001 Detained in Villawood as an illegal non citizen on the 23rd of September 2001 and died in detention 3 days later

Coronial Inquest
Puontong Simaplee died on the 26th of Sepetmber, 2001, in the Lima Compound Villawood Detention Centre, Villawood, in the State of New South Wales from the direct cause of Consequences of Narcotic Withdrawal with an Antecedent Cause being Malnutrition and early acute pneumonia.
Coroners Inquest into the death of Puontong Simaplee, 24th April 2003

Response to Trafficking in Australia

2003 $ 20 million Anti-Trafficking package 2004 Australian Government Action Plan to Eradicate Trafficking in Persons
2005 Amendment to Criminal Code (Trafficking in Persons Offences) Act 2007 budget increases to continue objectives of Government Action Plan $33m!

Australian Government Action Plan Anti-Trafficking measures

New AFP taskforce New visa arrangements Victim support measures including counseling, legal and medical support Funding of community awareness strategy ($680,000) Review of legislation Ratification of UN Protcol to Prevent, Suppress & Punish Trafficking in Persons, Especially Women and Children

Trafficking Visas
New visa framework introduced in January 2004.
Bridging Visa F (BVF) Criminal justice stay visa 1.Criminal Justice Stay Visa 2.Witness protection (trafficking) (temporary) 3.Witness protection (trafficking) (permanent)

ACRATH willingness to name and advocate for victims CEDAW Lobbying & Policy submissions to government Victim support advocacy to government tender for services Recognition of links between trafficking , slavery and labour exploitation sexual servitude, domestic servitude, labour exploitation Awareness raising through our networks Establishment of shelter(s) for trafficked women Legal services for trafficked people Establishment of links of support for men Beginnings of true national collaborative network National compensation scheme for victims of federal crimes Victim impact statements in trafficking / slavery trials Fair Trade movement, micro business etc International collaboration

Achievements

2004
Anti-Slavery Project established Brigidine/Australian Catholic University network Force-Ten seminars UISG Declaration follow up to 2001 declaration UISG kit Detention Centre visiting by Stancea; Bruce Baird at the Criminal Justice Commission promised no trafficked women to be held in detention

2005
Louise and Pauline meet People disappearing from detention centres Glebe meeting / ACLRI Louise,Pauline,Tania, Margaret began regular meetings in Sydney of Religious Congregations AntiTrafficking Working Group. Jen & John Ball assisted. Margaret Ng moved to Sydney CEDAW preparation of Shadow Report Money & signatures for Shadow Report received form religious congregations Joint Statement Australia, Thailand, Cambodia Trial watching group in Sydney & Melbourne Melbourne focus for ACRATH Margaret goes to Bangkok UISG & IOM training Margaret develops repatriation links with religious & ngos Establishment by Project Respect of a national network Release of film Trafficked Public speaking program Awareness raising generally +

2006
Jennifer Burn & Georgie Costello took CEDAW report to UN in New York Post CEDAW Public meetings in Melbourne & Sydney Good Shepherd Clearinghouse established Oct Canberra lobbying clear policy asks Making links with Canberra Brigidines and Good Samaritans Post Canberra work Second trial in Melbourne. Trials in Sydney CRA assembly & lunchtime rally Joans Bulletin E-list of concerned friends established by Monica Detention Centre visiting Pauline Coll goes to Manila UISG & IOM training Anti-trafficking booklet in Thai written and trialled

2007
Trials in Sydney First convictions Townsville, Melbourne, & Sydney Julia Gillard lobbied Amazing Grace & The Jammed as awareness-raising opportunities Catherine Ferguson - UNANIMA Natalia Kovaliv COATNET (Pauline & Margaret are members) Nings visit CRA decision and the website Tender Cebu & Bohol meetings; establishment of APWRATH Batam visit International links Pauline Encounter program World Youth Day preparation approved as a Training for staff at Villawood Australian Federal Police links Monsignor John Murphy from ACMRO asked to report in Rome on trafficking in Australia

2008
Louise to NY to work with UNANIMA UISG & USG to meet in Rome; anti trafficking steering group invited Australian Catholic Social Justice meeting to make recommendations to Cardinal Pell and the Bishops

Partners

Anti-Slavery Project Project Respect Salvation Army Stop the Traffik World Vision Catholic Womens League Zonta Soroptomists Probus WATAC Rotary Uniting Church Franciscans International Coalition Against Trafficking Australia (CATWA) Law Institute

Australian Federal Police Australian Catholic Social Justice Committee Australian Catholic Migrant and Refugee Office Bishops Conference Asia-Pacific Women Religious Against Trafficking in Humans Good Shepherd Asia Pacific Network International Network of Religious against Trafficking in Persons Cabrini Health Emerald Hill Mission Sisters of Charity Health Services Good Shepherd Youth & Family Services safe house support