Cases of forced labour exploitation in Australia predominantly occur in industries considered at risk, including agriculture,7 construction,8 domestic work,9 meat processing,10 cleaning, hospitality, and food services.11 Historically, those identified as victims of labour exploitation were working as domestic workers, however there has been an increase in referrals relating to hospitality, agriculture and construction.12 Many of these industries employ a high percentage of migrant workers13 who enter Australia through its temporary visa scheme designed to fulfil Australia’s labour shortages.14 A 2016 senate inquiry into wage abuse and visas uncovered exploitation of temporary work visa holders in Australia, in particular individuals on working holiday visas, Seasonal Worker program visas, international student visas, and skilled temporary “457" visas.15 A 2017 report drawing on survey responses from over 4,300 temporary migrants working in a range of jobs all across Australia, found that Australia has a ‘silent underclass’ of migrant workers, primarily made up of international students and backpackers, who are paid well below the minimum wage, with some of these also working in conditions that could amount to forced labour.16 The number of individuals on temporary working visas in 2015-16 amounted to 741,846 (excluding subclass 444 visas for New Zealanders),17 accounting for about 6.2 percent of the total workforce.18 In addition to these lawfully residing temporary migrants, the Department of Immigration and Border Protection (now Department of Home Affairs) reported 1,970 illegal workers during 2015-16. A Queensland couple are charged with human trafficking after allegedly keeping a Fijian woman as a servant. Australia is a destination country for trafficked persons. Thailand in particular has faced allegations of trafficking and forced labour in its fishing industry in recent years.40 Rice from India and cocoa from Côte d’Ivoire and Ghana are two other at-risk products which Australia imports at a considerable value. Pass the proposed national Modern Slavery Act by end of 2018. 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). 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. [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. 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, … 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. The National Human Trafficking Hotline maintains one of the most extensive data sets on the issue of human trafficking in the United States. 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. Ensure that intermediaries that facilitate employment and visas for foreign migrant workers coming to Australia, such as migration brokers and agents, are effectively regulated and monitored. The key priority areas included ethical recruitment, transparency in supply chains, incentives, and safeguard and redress mechanisms. See https://wikirate.org/Wesfarmers_Limited?filter%5Bmetric_value%5D=all&filter%5Bproject%5D=UK+Modern+Slavery+Act+Research for more details. 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. ‘Raid on illegal workers in WA’s South West’ 2017. In March 2013, then Prime Minister Julia Gillard announced a new government strategy to revise the Commonwealth’s procurement arrangements and guidelines to ensure they assist in identifying and addressing slavery in supply chains.85 The subsequent Abbott government expressed support for this idea but to do date it is unclear what action has been taken to progress this.86 In March 2017 the Australian government published the new Commonwealth Procurement Rules (CPRs) which replaced the 2014 version.87 One of the new amendments in the 2017 CPRs is Clause 10.18, which requires that officials must make reasonable enquiries to consider the tenderer’s practices regarding labour regulations and ethical employment practices.88 However, the new clause does not specifically mention modern slavery or human trafficking. 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. Subscribe to have the ACRATH Newsletter emailed to you. The Commonwealth laws that deal with human trafficking offences in Australia are the Crimes Act 1914 (Cth) and the Criminal Code 1995 (Cth). See the Judicial Commission’s Sentencing Book. Australia is well known as a destination country for victims of trafficking, particularly people from Thailand, Malaysia, the Philippines and Korea. Campell, K 2015, ‘Perth nursery ordered to pay back nearly $30,000 to overseas workers for unlawful rent deductions’. 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. Interdepartmental Committee on Human Trafficking and Slavery 2016. 2017. 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. The number of people trafficked into Australia is unknown. 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. 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. In February 2018, the Australian government announced a 12-month trial that will enable victims of forced marriage to access up to 200 days of support through the STPP without being required to contribute to the criminal investigation, though referrals onto the program must still be made by the AFP. Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. 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. Establish a national Independent Anti-Slavery Commissioner as part of the proposed Modern Slavery Act. 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. 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. Of those analysed by the Modern Slavery Act Research project on the Wikirate Platform, statements by Rio Tinto96 and Westpac Banking Corporation97 are among those that include details on policies and due diligence processes that apply to their own business, as well as disclosing the geographic location or suppliers in their supply chains. “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… Joint Standing Committee on Foreign Affairs, Defence and Trade, 2017. 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. Globally, there are two general categories of human trafficking: sex trafficking and labor trafficking. Doherty, B. Human trafficking is a devastating criminal atrocity that forcefully deprives a person of their freedom for the material benefit of another. queensland 6:48pm Apr 10, 2019 Firearm parts destined for bikies seized 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. It is expected that trafficking in persons will increase in times of economic recession. In one case, a Thai woman was subjected to laboring in her husband’s market … Hedwards, B, Andrevski, H & Bricknell, S 2017. E Pearson, ‘Australia’ in, Collateral Damage: The Impact of Anti-Trafficking Measures on Human Rights around the World (2007) 28, 29. ‘Malaysian woman living in Australia jailed for trafficking friend to work as prostitute’ 2017. That is not to say that sex trafficking is not an issue in Australia. Senate Standing Committee on Education and Employment 2016. See https://wikirate.org/Westpac_Banking_Group?filter%5Bmetric_value%5D=all&filter%5Bproject%5D=UK+Modern+Slavery+Act+Research for more details. An effective approach to eliminating slavery in all of its forms places the needs, experiences and human rights of vulnerable workers at the centre of its approach. Until then, slaveholders and human traffickers will continue to operate with impunity. Human trafficking is considered the second largest source of illegal income, behind the illegal drug trade. These situations involved 22,326 individual survivors; nearly 4,384 traffickers and 1,912 suspicious businesses. 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. Australia is committed to a future where no one is a victim of human trafficking or slavery, and the Policy-makers, businesses, and consumers must become aware of this risk and take responsibility for it. People Smugglingis the organised, illegal movement of people across borders, usually on a payment for service basis. Trafficking-related legislation was first introduced in Australia in 1999 through amendments to the Criminal Code Act 1995. 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. The new legislation will commence on 16 April 2018.83 Similarly, the South Australian government also passed the Labour Hire Licensing Bill 2017, which is awaiting assent at the time of writing.84 The new state schemes clearly show the shift in prevailing attitudes about labour hire and that support for a nationally harmonised scheme has grown considerably. 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. 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. Knowles, G 2014, ‘Employers on notice over visas’. Labour exploitation in the Australian construction industry: risks and protections for temporary migrant workers. We might not want to believe it, but human trafficking and slavery happens in Australia. As above., Doherty, B. Ensure the Modern Slavery Act includes provisions that subjects the Australian government to the same reporting requirements as private businesses. Schliebs, M. 2018, ‘Forced marriage law rarely used’. 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. These include Telstra,98 Qantas,99 Wesfarmers,100 and Ashurst LLP,101 among others. ‘Hungry, poor, exploited: alarm over Australia’s import of farm workers’. Ratify ILO Convention 189 on Domestic Workers. Therefore, the most recent available figures are those for financial year 2015/16. 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. Australian Institute of Criminology. Human Trafficking is different to People Smuggling: 1. It commonly involves one person controlling another person and exploiting them for work such as sex or forced labour. All statements analysed by the project can be found on the relevant business page at https://wikirate.org/UK_Modern_Slavery_Act_Research. See www.wikirate.org. 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. Failure to release a statement, not making it publicly available, or providing misleading information each have penalties of up to 10,000 penalty points108, or AU$1.1 million per infringement.109 The legislation also includes a central repository for housing statements produced by commercial entities under these provisions.110, The Australian government also launched the Bali Process Government and Business Forum in August 2017. Trafficking is a serious human rights violation globally and a crime here in Australia. 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. Vidal, L 2016, ‘Forced Marriage is happening in Australia and we need to do something about it’. 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. 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 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. 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 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. 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